If an applicant cannot perform a regulated activity or project under the criteria for a permit-by-rule, general permit-by-certification, or general permit, they have the option of applying for an individual permit. The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13 set forth standards for the issuance of an individual permit associated with the location and type of the regulated activity or project.
General requirements for individual permits are located at N.J.A.C. 7:13-10. These provisions include the requirement to obtain an individual permit for activities that are not authorized under other types of permits and the duration of individual permits. Most individual permits are valid for five years, with the possibility of one five year extension. Individual permits for a linear development greater than ten miles in length, a flood control project, or a quarry or mining operation are valid for ten years and may not be extended.
Standards associated with the location of a project in a particular regulated area, such as a channel, riparian zone, or floodway, or the location of the project in relation to certain natural resources, are set forth at N.J.A.C. 7:13-11. These provisions set forth specific requirements and disturbance limits depending on the location and type of the activity.
Design and construction standards associated with a particular regulated activity, are set forth at N.J.A.C. 7:13-12.
A regulated activity that requires an individual permit is typically subject to multiple requirements that are set forth throughout N.J.A.C. 7:13-11 and 12 as described above. The applicant shall evaluate each regulated activity according to its location, nature, and potential impacts in order to determine which design and construction standards will apply to the applicant's particular project. Please see the relevant section of the rules and contact the Division for more information. Applicants are encouraged to request a pre-application meeting for more complex permit authorizations.