Land Use Regulation

DIVISION: Land Use
GENERAL PHONE NUMBERS/FAX NUMBERS:
Freshwater Wetlands or Highlands: (609) 777-0454 / (609) 777-3656
Coastal Programs or Flood Hazard Area: (609) 984-0162 / (609) 777-3656
Tidelands: (609) 292-2573 / (609) 633-6493
WEB SITE

PROGRAM DESCRIPTION:

The Division of Land Use Regulation's (DLUR) main task is reviewing applications for permits to build on, or modify, environmentally sensitive land such as freshwater wetlands, freshwater wetlands transition areas, coastal wetlands, floodplains, or to conduct regulated activities in the Highlands Preservation Area or Coastal Zone. Also, the DLUR issues grants, leases and licenses for use or occupation of state owned tidelands. Furthermore, the DLUR reviews certain applications for compliance with portions of the department’s stormwater management rules.

For those interested in pursuing a regulated activity the division offers pre-application conferences that, in most cases, are free of charge. The division also participates in numerous public outreach sessions, and its staff are regular guest instructors/lecturers for short courses sponsored by Rutgers University.

MONETARY ASSISTANCE PROVIDED:

None

PERMITTING RESPONSIBILITIES:

The division reviews applications for, and issues the following types of permits and approvals:

Freshwater Wetlands Letter of Interpretation – This letter verifies the absence, presence and/or limits of freshwater wetlands, and provides resource value of wetlands to identify size of transition (buffer) area.
Freshwater Wetlands General Permit – This permit authorize limited disturbance of freshwater wetlands and/or transition areas, usually for specific activity types such as a road crossing.
Freshwater Wetlands Transition Area Waiver - This waiver provides for a change to the shape of, a reduction in, or allows regulated activities in transition (buffer) areas.
Freshwater Wetlands Individual Permit – This permit authorizes disturbance of freshwater wetlands and/or transition areas, for activities that do not conform to Freshwater Wetlands General Permits. This permit requires mitigation for loss/disturbance of wetlands.
Freshwater Wetlands Letter of Exemption – This letter grants exemptions from certain Freshwater Wetlands permit requirements.
Flood Hazard Area Permit – This permit authorize limited disturbance of flood plain areas for development projects.
Highlands Preservation Area Approvals – This approval authorizes limited disturbance for development in the Highlands Preservation Area.
Coastal Area Facility Review Act Permit - This permit authorizes the construction of regulated facilities within the designated CAFRA zone. The jurisdiction of CAFRA depends on the scope of the project and the threshold varies with the distance from the mean high water line of a tidal waterway and/or the limits of beaches/dunes. There are three types of permits available under CAFRA: permits-by-rule, general permits, and individual permits.
Waterfront Development Permit - This permit authorize various activities at or below the mean high water line of a tidal waterway. Outside of the CAFRA zone, jurisdiction extends up to 500 feet upland of the mean high water line for various upland construction activities. Activities which require a waterfront development permit include, but are not limited to: the construction of a dock/pier/breakwater, replacement bulkheads, dredging, and the placement of underwater cables.
Coastal Wetlands Permit – This permit authorizes activities in areas which were mapped and designated as coastal wetlands pursuant to the Wetlands Act of 1970. Jurisdiction is limited to the areas shown on the promulgated maps. Coastal wetlands permits are usually associated with other permit types such as CAFRA and waterfront development permits.
Tidelands Grants, Leases and Licenses – This program authorizes grants to sell state owned tidelands, or leases and licenses to utilize state owned tidelands.
Stormwater Review – Stormwater reviews are conducted pursuant to the department’s stormwater management rules, and are included in certain permit decisions referenced above.

PUBLICATIONS AVAILABLE:

Single Family Homes and Duplexes: A Guide to CAFRA, May 2002.

In addition, the division’s web site has extensive information on the programs administered by the DLUR; forms and checklists; frequently asked questions; notices and announcements; laws and regulations administered by the division; and, contact information.

Information on maps and publications pertinent to the division can be found at www.state.nj.us/dep/njgs/pricelst/index.htm and www.nj.gov/dep/infofinder/topics/geo.htm.