NJ DEPARTMENT of ENVIRONMENTAL
LAND USE MANAGEMENT
DIVISION OF LAND USE REGULATION
Notice of Rule Proposal
Coastal Permit Program rules, N.J.A.C. 7:7
Coastal Zone Management rules, N.J.A.C. 7:7E
Proposed consolidation with amendments
Take notice that the NJ Department of Environmental Protection is proposing to consolidate the Coastal Permit Program rules and Coastal Zone Management rules into one chapter and to make other changes intended to further encourage appropriate redevelopment of more resilient coastal communities. A statement of the substance of the proposal follows: the consolidation of the coastal rules into a single chapter is part of the Department’s effort to transform the operations of the land use permitting programs administered by the Division of Land Use Regulation. With this proposal and through anticipated rulemaking to amend the Flood Hazard Area Control Act and Freshwater Wetlands Protection Act rules, the Department intends to align the rules governing the permitting processes of all three programs to the extent the respective enabling statutes allow. The rules governing the process for obtaining a permit will be standardized across all three chapters and will be organized in a uniform order and format. Under this proposal, the effort to align the permitting process rules involves the following topics: emergency authorizations, pre-application conferences, application requirements, requirements for an applicant to provide public notice, application review, permit conditions and changes to issued permits, and requests for adjudicatory hearings. The transformation of the operations of the land use permitting programs also involves streamlining functions, re-engineering business processes, and leveraging technology to eliminate unnecessary paperwork, share applications and forms across the Department, and increase the use of electronic submittals. To further the effort to prioritize and refocus its permitting efforts on the activities posing the most risk to the coastal environment, the Department is proposing two new permits-by-rule, a new general permit codifying two general-permits-by-certification (electronic permits) and is additionally proposing to modify several existing general permits. In addition, various amendments to the standards of the rules regarding the use and development of the State’s coastal resources, specifically relating to dredging and dredged material management and marina development and expansion are also proposed.
The proposal is scheduled to be published in the New Jersey Register dated June 2, 2014. A copy of the proposal is available at http://www.nj.gov/dep/rules/proposals/20140602a.pdf; official repository libraries; LexisNexis Customer Service at (800) 223-1944 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.
Public hearings concerning the proposal are scheduled as follows:
Wednesday, June 25, 2014, 5:30 P.M.
City of Long Branch Municipal Building
344 Broadway, 2nd Floor
Long Branch, NJ 07740
Thursday, June 26, 2014, 1:00 P.M.
NJ Department of Environment Protection
Public Hearing Room
401 East State Street
Trenton, NJ 08060
Wednesday, July 9, 2014, 11:00 A.M.
Jacques Cousteau National Estuarine Research Reserve
Jacques Cousteau Coastal Education Center
130 Great Bay Blvd
Tuckerton, NJ 08087
Written comments may be submitted electronically by August 1, 2014 at http://www.nj.gov/dep/rules/comments; or in hard copy to:
Gary J. Brower, Esq.
ATTN: DEP Docket No.03-14-04
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402