DEP's Waiver Rule
As of August 1, 2012 the Waiver of Department Rules, N.J.A.C. 7:1B (Waiver Rule) are operative. The Waiver Rule establishes limited circumstances under which the Department of Environmental Protection (Department) may waive strict compliance with certain Department rules.
This site contains information for waiver applicants and the general public. Please check back for updates. If you have questions that are not addressed here, please contact the DEP Office of Permit Coordination and Environmental Review.
The Department encourages applicants to consider any existing waiver, variance, or exemption provisions within the Department’s other rules prior to submitting a request under the Waiver Rule.
For further information:
Please refer to this section for important updates and clarifications of waiver related issues and requests. The Department will post updates here!
Requirements for complete applications:
- Please be advised, to be deemed complete for further DEP review, waiver requests must contain proof that the requester complied with any public notice requirements applicable to the underlying program rules containing the rule that the requester seeks to waive, including pre-application public notice requirements. (See N.J.A.C. 7:1B-2.2(a)1 and 2.3(a)).
Failure to provide DEP with proof that applicable public notice requirements are met will result in the waiver request being deemed as incomplete. Most land use rules, for instance, require public notice prior to applications being accepted for review.
Please indicate in the waiver request the public notice requirements applicable to the rule being waived, and include proof of compliance with these requirements in the request. In the event that the rule requested to be waived may be associated with more than one permit type - i.e. a General Permit or Individual Permit (which may have different corresponding public notice requirements), requesters should meet the public notice requirements consistent with the earliest and most expansive of the potential public notice requirements.
- Please provide a full waiver request project summary narrative (up to 2,000 characters) in the project summary narrative box in the on-line and paper applications. This information is required to provide on-line viewers with a narrative description of the waiver request. The project summary narrative box is located at the bottom of the Waiver Request Details screen.
Because the DEP is committed to a transparent waiver review process, the DEP must ensure the narrative summary is accurate and readily accessible to on-line viewers so viewers understand the nature of the waiver request. A narrative summary that states ‘refer to attached’ or does not provide a full narrative summary is insufficient and may result in significant delays in the processing of the waiver request.