NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
POLICY, PLANNING AND SCIENCE
COASTAL MANAGEMENT OFFICE

Notice of Extension of Comment Period
Coastal Permit Program rules
Coastal Zone Management rules
Flood Hazard Area Control Act rules
Wind and solar energy
Proposed New Rules:  N.J.A.C. 7:7-7.30 and 7.31
Proposed Amendments: N.J.A.C. 7:7-1.3, 2.1, 2.3, 4.2 and 7.2; N.J.A.C. 7:7E-3.38, 3.49, 3C.2, 7.4, 7.14, and 8.12; and N.J.A.C. 7:13-7.1 and 7.2

Public Notice
Take notice that the Department of Environmental Protection (the Department) is extending the comment period for proposed new rules and amendments to the Coastal Permit Program rules, N.J.A.C. 7:7; Coastal Zone Management rules, N.J.A.C. 7:7E; and Flood Hazard Area Control Act rules, N.J.A.C. 7:13 relating to wind and solar energy.  Amendments and new rules are proposed to the Coastal Permit Program rules, N.J.A.C. 7:7 that add a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land; add a new permit-by-rule for the construction of solar panels; and describe the situations in which construction of a wind turbine or solar panel does not require a coastal permit.  Amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, are proposed to facilitate the construction of wind turbines in the coastal zone in appropriate locations, identify particular areas where construction of large scale wind turbines would not be appropriate, and set forth monitoring, habitat evaluation and impact assessment requirements for birds, bats and marine organisms.  Amendments are also proposed that would allow the construction of a demonstration wind energy facility in the ocean waters of the State to assist in assessing the impacts of such a facility.  Further, amendments are proposed to the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, to add a new permit-by-rule for the construction of wind turbines on land.

This proposal was published in the New Jersey Register on September 8, 2009 at 41 N.J.R. 3168(a).  The comment period for this proposal was originally scheduled to close on November 7, 2009.  The Department is extending the comment period by 30 days to Monday, December 7, 2009.  Written comments may be submitted by December 7, 2009 to:

Gary J. Brower, Esq.
Attention: DEP Docket No. 12-09-08/734
Office of Legal Affairs
Department of Environmental Protection
401 East State Street, 4th Floor
P.O. Box 402
Trenton, New Jersey 08625-0402

Please refer to the proposal for detailed information regarding the proposed readoption with amendments.