The Freshwater Wetlands Mitigation Council is sending out Request for Proposals (RFP) for wetland restoration with a tidal component in the Atlantic Water Region.

The Freshwater Wetlands Mitigation Council is sending out Request for Proposals (RFP) for wetland restoration with a tidal component in the Atlantic Water Region. The RFP is linked to the Councils website with instructions and time frames. The final deadline to submit a proposal will be May 17th, 2023 at 5 p.m. Proposals should be emailed to Staff to the Council, Faelyn Meyers, at faelyn.meyers@dep.nj.gov along with mailed to the address provided in the instructions. If you should have any questions, I can be reached via email or by phone at (609) 940 – 4317, Monday – Friday, 7:30 a.m. – 3:30 p.m.

Click here to view the Request for Proposal (RFP)

Mitigation Technical Manual Now Available from the Department of Environmental Protection

The New Jersey Department of Environmental Protection is pleased to announce the release of the Mitigation Technical Manual. Developed by staff from Watershed and Land Management and funded by a Wetland Program Development Grant from EPA Region 2, this manual provides comprehensive guidance for mitigating for impacts to wetlands and their transition areas, riparian zones, intertidal and subtidal shallows, shellfish habitat, and submerged aquatic vegetation. The manual explains what mitigation is, the various types of mitigation available, the regulatory requirements for mitigation, how to select a suitable mitigation location and design a mitigation project, and protocols to follow when monitoring the progress of a mitigation site. The manual also discusses how to establish a wetland mitigation bank. In addition, the manual incorporates lists of regional wetland species, common invasive species, and native species typical of specific wetland types and regions of New Jersey. This Mitigation Technical Manual is a valuable resource for consultants, mitigation bankers, and others interested in mitigation and should contribute to a higher level of success of mitigation and banking projects and an improvement in the ecological returns from mitigation efforts in New Jersey.

Click here to view the Mitigation Technical Manual

TAKE NOTICE:

The public hearing information can be found on our Offshore Wind page here.

WHO IS AFFECTED BY THIS ALERT?

This guidance applies to all municipalities seeking to place seasonal or temporary structures related to the tourism industry on a beach or seeking to conduct beach and dune maintenance activities.

The entire alert can be found on our Enforcement page here.

TAKE NOTICE: that, in accordance with the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-5, the New Jersey Department of Environmental Protection, Division of Land Resource Protection (the “Department”) has received an application for a partial release of a Conservation Restriction by Eric Thornton, dated June 1, 2022, on the property identified as Block 41, Lot 8.01. The lot is shown on the official tax map of Chester Township in Morris County, New Jersey, and is partially developed with a single-family dwelling.

A portion of the property was deed restricted as part of a Transition Area Waiver Averaging Plan (File #1407-99-0010.1), approved by the Department on November 8, 1999, for the construction of additions to both an existing single-family dwelling and an associated garage. The applicant proposes to remove and replace an existing detached garage and expand a portion of the existing gravel drive, which will result in the additional disturbance of 0.029 acres of deed restricted transition area.

To offset the proposed disturbance to deed restricted areas, the applicant has proposed to remove and reseed 0.050 acres existing impervious surface, and plant 0.085 acres of trees in existing lawn transition area.

APPLICANT: Eric Thornton
FILE NUMBER: 1407-22-0003.1 CRR220001
PROJECT DESCRIPTION: Construction of detached garage and expansion of existing driveway in deed restricted areas - partial deed lifting

MUNICIPALITY: Chester Township
COUNTY: Morris County
PROJECT ADDRESS: 135 Hillside Road
Block 41, Lot 8.01
Chester Township, Morris County

HEARING DATE: August 29, 2022
HEARING TIME: 10:00 AM

The Division of Land Resource Protection invites the public to attend the Public Hearing via Microsoft Teams. To access the meeting, please use the following link and or look for a specific link to the hearing:

The meeting link below will be active 15 minutes before 10:00 AM on August 29, 2022

Meeting Link for 8/29/2022

You can also join via phone at 1-856-338-7074 Conference ID: 753 553 877#

Lastly, the public may email written comments within fifteen (15) days following the Public Hearing to: Robert Helsel, Project Manager at Robert.Helsel@dep.nj.gov

TAKE NOTICE that, in accordance with the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-5, the New Jersey Department of Environmental Protection (DEP), Division of Land Resource Protection (DLRP) has received a request for a release of a Conservation Restriction/Declaration of Environmental Restrictions by the New Jersey Department of Environmental Protection, Bureau of Climate Resilience Design and Engineering (BCRDE), dated March 16, 2021, on the property identified as 10 Caesar Place (Block 63, Lot 5). The lot is shown on the official tax map of the Borough of Moonachie in Bergen County, New Jersey. As part of the Federally funded Rebuild by Design Meadowlands (RBDM) Flood Reduction Project, BCRDE proposes to deepen and widen approximately 4,200 linear feet of the East Riser Ditch (ERD) Channel starting from Starke Road in Carlstadt to Moonachie Avenue in Moonachie. The channel improvements are designed to increase channel capacity while providing structural stability and ecological uplift in the East Riser Ditch.

The 10 Caesar Place property is located adjacent to the proposed ERD channel improvements, it is partially developed with a commercial development that includes an industrial building and parking lot bordered to the north by a grassy/partially wooded area.

A Flood Hazard Area (FHA) Emergency Permit [0237-11-0002.1 FHA110001 (IP)] and Freshwater Wetlands (FWW) Emergency Permit [0237-11-0002.1 FWW110001 (IP)] was issued to the property owners of 10 Caesar Place from the DEP DLRP on October 18, 2011, authorizing removal of trees in the 50-foot riparian zone of East Riser Ditch. A FHA Individual Permit (IP) was issued to the property owner of 10 Caesar Place, Moonachie on January 30, 2012. As a condition of approval, the FHA IP required onsite restoration of 0.673 of an acre of forested riparian zone and also required protection of this area through signing and filing a conservation restriction with the deed in the office of the County Clerk.

The RBDM project will result in a disturbance of the deed restricted 0.673 acres of forested riparian zone on the property located at 10 Caesar Place. To offset the proposed disturbance to deed restricted areas, BCRDE proposes to preserve a 0.673 acre area in turn, on the same site immediately adjacent to the current deed restricted area once the RBDM project is constructed. DEP’s perpetual easement on the property would include the entire 0.673 acre restoration area.

The proposed riparian zone will consist of native tree and shrub plantings suitable for the conditions in the replacement location. Due to the proximity of Teterboro Airport, proposed plant species will adhere to guidelines published by the Federal Aviation Administration (FAA) and the Port Authority of New York and New Jersey (PANYNJ). Establishment of native plantings in this area will enhance the characteristics of the riparian zone and wetland.

APPLICANT: NJ DEP Bureau of Climate Resilience Design and Engineering

FILE NUMBER: 0237-11-0002.1 CRR 210001

PROJECT DESCRIPTION: East Riser Ditch Channel Improvements and Lifting of Conservation Restriction
MUNICIPALITY: Moonachie Borough
COUNTY: Bergen County
PROJECT ADDRESS: 10 Caesar Place (Block 63, Lots 5)
Moonachie, Bergen County
HEARING DATE: November 3, 2021
HEARING TIME: 3:00 PM

The Division of Land Resource Protection invites the public to attend the Public Hearing via Microsoft Teams. To access the meeting, please use the following link and or look for a specific link to the hearing:

The meeting link below will be active 15 minutes before 3:00 PM on November 3, 2021

Meeting Link for 11/03/2021

You can also join via phone at 1-877-286-5733 Conference ID: 740 596 810#

A translated copy of the English presentation can be provided upon request. Requests for a translated presentation must be submitted by October 27, 2021 to:

Linda Fisher at rbd-meadowlands@dep.nj.gov

astly, the public may email written comments within fifteen (15) days following the Public Hearing to: Patrick Ryan, Manager at patrick.ryan@dep.nj.gov

On October 4th 2021 a Notice of Action granting a petition for rulemaking filed by Robert Reich of AKRF Environmental on behalf of PSEG Power LLC (petitioner) was published in the New Jersey Register.

The petition was received by the Department on November 9, 2020. Notice of receipt of the petition was published in the January 4, 2021 New Jersey Register (see 53 N.J.R. 85(a)).

The petitioner indicated that it is the current owner of parcels designated on the tax map of Lower Alloways Creek Township, Salem County, as Block 26, Lots 4, 4.01, 5 and 5.01, and is in the process of taking ownership from the United States Army Corps of Engineers (“the Army Corps” or “USACE”) of additional property located within Lower Alloways Creek Township designated as Block 26, Lot 2 (collectively, the site). The site includes an area within which the petitioner is participating in the development of the New Jersey Wind Port. The petitioner requests that Coastal Wetland Maps 224-1752, 224-1758, 231-1752, 231-1758, and 238-1752, that are listed at N.J.A.C. 7:7-2.3(a), be amended to exclude approximately 150 acres of the site that it asserts do not meet the definition of coastal wetlands contained in the Wetlands Act of 1970 at N.J.S.A. 13:9A-2 as described further below.

The petitioner asserts that the existing delineation of the coastal wetland boundary on the aforementioned maps does not reflect current conditions on site in light of development at the PSEG Nuclear Salem and Hope Creek Generating Station, as well as historic development and continuous operation of the ACOE Artificial Island Confined Disposal Facility (CDF) Cell No.3.

Based on a site investigation, historical aerial photography and permitting records, the Department has determined that changes to coastal wetlands maps 224-1758, 231-1752, 231-1758 are appropriate and that changes to coastal wetlands maps 224-1752 and 238-1752 are not necessary as these maps are outside the scope of the proposed changes. Specifically, the Department has determined that approximately 148.92 acres of the site’s mapped coastal wetlands no longer meet the definition of coastal wetlands pursuant to the Wetlands Act of 1970 as they are either developed or are no longer at or below an elevation of one foot above local extreme high water. Therefore, the Department is proposing to revise coastal wetlands maps 224-1758, 231-1752, 231-1758 to reflect the area that the Department has determined no longer meets the definition of coastal wetlands. Because the coastal wetlands maps are promulgated by rule, the Department must undertake rulemaking to revise the maps. The rulemaking will describe the extent of the area determined to no longer meet the definition of a coastal wetland and will provide an opportunity for public comment on that determination.

On 09/08/2021 a public hearing was held for the M&T @ Lacey Proposed Partial Conservation Restriction Release. The meeting was recorded and can be watched at the following link: Youtube

TAKE NOTICE that, in accordance with the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-5, the New Jersey Department of Environmental Protection, Division of Land Resource Protection (the “Department”) has received an application for a partial release of a Conservation Restriction/Declarations of Environmental Restrictions by the Gloucester County Office of the County Engineer, dated October 29, 2020, on property identified as Block 242, Lots 7 and 7.02. The lots are shown on the official tax map of Mantua Township in Gloucester County, New Jersey, and are partially developed with a commercial development, an abandoned mine, and wooded (undeveloped) areas.

A portion of the property was deed restricted as part of a Transition Area Waiver Averaging Plan (File #0810-05-0005.3 FWW070005), approved by the Department on July 25, 2007 for construction of a commercial development with stormwater management and parking. The County proposes to construct a road through Lots 7 and 7.02 for safe access to the future Rowan University fossil park. The project will result in a combined disturbance of 1.419 acres of deed restricted wetland & transition area.

To offset the proposed disturbance to deed restricted areas, the County has proposed to preserve 3.036 acres of land and conduct stream enhancement activities to enhance water quality in the immediate area.

APPLICANT: Gloucester County, Office of the County Engineer
FILE NUMBER: 0810-07-0005.3 CRR200001
PROJECT DESCRIPTION: Access Rd through Deed Restricted Areas - Partial Deed Lifting
MUNICIPALITY: Mantua Township
COUNTY: Gloucester County
PROJECT ADDRESS: 615 Woodbury-Glassboro Road
Block 242, Lots 7 and 7.02
Mantua Township, Gloucester County
HEARING DATE: June 28, 2021
HEARING TIME: 10:00 AM

The Division of Land Resource Protection invites the public to attend the Public Hearing via Microsoft Teams. To access the meeting, please use the following link and look for a specific link to the hearing:

The meeting link below will be active 15 minutes before 10:00 AM on June 28, 2021

Meeting Link for 6/28/2021

You can also join via phone at 1-856-338-7074 Conference ID: 707 263 42#

Lastly, the public may email written comments within fifteen (15) days following the Public Hearing to: Brett Kosowski, Project Manager at Brett.Kosowski@dep.nj.gov

On March 2, 2020, the Department adopted amendments to the Stormwater Management rules, N.J.A.C. 7:8. The most substantial change adopted was to replace the current requirement that major developments incorporate nonstructural stormwater management strategies to the “maximum extent practicable” to meet groundwater recharge standards, stormwater runoff quantity standards, and stormwater runoff quality standards, with a requirement that green infrastructure (GI) be utilized to meet these same standards. These amendments included a 1-year delayed operative date. Therefore, the amendments will become operative on March 2, 2021. Please see www.njstormwater.org for more information on these amendments, to view the FAQ on these amendments, or to obtain a courtesy copy of the amended rule text. Only technically complete applications received prior to March 2, 2021 will be subject to the existing Stormwater Management rule.

Electronic Submissions Rule Proposal Public Hearing on September 25, 2020

On September 8, 2020, the Watershed and Land Management Program will provide notice in the New Jersey Register of a public hearing for the proposed new rules and amendments in the Coastal Zone Management (CZM) Rules, N.J.A.C. 7:7, Freshwater Wetlands Protection Act (FWPA) Rules, N.J.A.C. 7:7A, and Flood Hazard Area Control Act (FHACA) Rules, N.J.A.C. 7:13, to require electronic submission of applications for all general permit authorizations, individual permits, water quality certificates, freshwater wetland transition area waivers, and any flood hazard area verifications that are submitted in conjunction with an application for a general permit authorization, individual permit, or transition area waiver (52 N.J.R. 1522(a)). A courtesy copy of the proposal can be found at https://www.nj.gov/dep/rules/proposals/20200803a.pdf.

Due to the unprecedented circumstances of the COVID-19 pandemic, including the need to restrict unnecessary travel and adopt/adhere to social distancing practices, the public hearing will be conducted virtually via the DEP's video conferencing software (i.e., Microsoft Teams) on Friday, September 25, 2020 at 10:00 AM. The hearing will remain open until all testimony has been heard.

Prior to entering the hearing, participants are strongly encouraged to read the following information and guidelines:

• Access to the public hearing is available on your computer or mobile device through either the Microsoft Teams application or the device's web browser.
• The web browsers that best support Microsoft Teams meetings are Internet Explorer 11, Microsoft Edge, Chrome, and Firefox.
• The public hearing will begin promptly at the designated starting time of 10:00 AM.
• The public hearing will be moderated by a DEP representative.
• Prior to entering the public hearing, participants will be provided a field to enter their name. In order to achieve an accurate record of attendees to the hearing, the DEP is requesting that, in the provided field, participants type their full name and the organization that they represent.
• As a courtesy to other people testifying, participants will be muted until they are called upon by the DEP hearing officer/moderator to testify. At that time, participants will be expected to unmute their microphones to provide testimony.
• If you would like to provide oral testimony at the public hearing, email the DEP at kim.springer@dep.nj.gov no later than 5:00 PM, Wednesday, September 23, 2020, with your contact information (name, organization, telephone number, and email address). You must provide a valid email address so the Department can then send you an email confirming receipt of your interest to testify orally at the public hearing and provide you with a separate option for a telephone call-in line if you do not have access to a computer that can connect to Microsoft Teams. Please note that the DEP will take oral testimony at the public hearing by alphabetical order of the testifying person's last name.
• The public hearing will be recorded for the public record. Although the virtual public hearing allows for video testimony, it is not required. If you do not wish to submit video testimony, please turn off your video feed during the public hearing, but please be sure to keep your microphone on in order to testify.
• At the beginning of the public hearing, a DEP representative will provide a brief demonstration on how to unmute/mute your microphone, how to turn on/off your video feed, and how to access the public hearing's conversation box.

If you have any questions regarding the public hearing, please feel free to contact the Watershed and Land Management Program via email at kim.springer@dep.nj.gov.

Please click on the following link to access the Public Hearing User Guide: User Guide for the electronic Submission Rule Proposal Public Hearing

On Friday, September 25, 2020, the link to enter the Microsoft Teams public hearing will be available below.

THE FHA TECHNICAL MANUAL IS NOW AVAILABLE

The Department has published a new Technical Manual regarding the Flood Hazard Area Control Act (FHACA) Rules to foster greater understanding of the regulatory standards and information required to obtain a permit under these rules. The FHACA Rules establish stringent standards for development in and adjacent to the regulated waters of New Jersey to protect people and property from the negative impacts of flooding and to maintain stable and healthy riparian ecosystems. This manual supplements the FHACA Rules by explaining rule provisions and guiding potential applicants in how to meet those standards and demonstrate compliance in a permit application. Direct Link to the FHA Technical Manual

DEP ADD'S E-PERMITS TO BETTER SERVE THE PUBLIC

As part of its continued commitment to customer service and transformation, the Division of Land Use Regulation has launched a new service that will allow property owners to apply on-line for certain Coastal General and Freshwater Wetlands Permits.  Please note that you must follow all instructions on the LURP form and maintain a complete copy of the application including all necessary notices to neighbors and municipalities.

The new freshwater wetlands permit program is the second round for the DEP's Land Use Regulation; the two Coastal General Permits that went on-line last year are GP 14 and GP 19.  Property owners or their contractors will be able to apply on-line for permits and within minutes get decisions on projects to replace bulkheads with identically sized bulkheads or to replace docks in man-made lagoons. 

The public can now apply on-line for two types of freshwater wetland permits - a GP-8 for house addition where addition is connected to existing structure and a GP-25 for replacement of a malfunctioning septic system.  As with the previous on-line permits, applicants are required to answer a short list of questions and certify their responses as truthful and accurate.  If approvable the applicant will be issued an automated approval of their permit.

The Division of Land Use Regulation is still working on an approach to allow applicants to submit wetlands delineations (Letters of Interpretation) through an on-line system. Users may access the e-permitting system at https://njdeponline.com/. Follow the registration process and create an account. When setting up your profile, select Land Use Permitting. Instructions are available at this web site, or you may call the Land Use hot line at (609) 777-0454.

The Department has adopted, with changes on adoption, comprehensive amendments to the Flood Hazard Area Control Act. These amendments were first proposed on June 1, 2015. For more information, see the notice of rule adoptions page.

The Division has modified and added pages to this website to address these amendments and has made every attempt to insure that these changes accurately reflect the newly adopted rules. Where there is any discrepancy between these webpages and the adopted rule, the rule shall govern.

On April 4, 2016, the Department published a notice of substantial change on adoption to revise the proposed boundary depicted by Coastal Wetlands Map 252-2112 in response to a comment received during the public comment period following the original proposal. The commenter objected to the Department’s delineation of the coastal wetlands on a property adjacent to the petitioners’ property (Block 1.61, Lot 1). During the Department’s investigation of the area preceding the original proposal, the owners of this property did not grant Department staff permission to enter and investigate the parcel. The Department’s delineation of coastal wetlands on this property was thus approximated through the use of aerial photography and by observing the property from the petitioners’ property and public roadways.

Following the close of the public comment period, the Department was granted permission to enter Block 1.61, Lot 1. Department staff determined the actual extent of coastal wetlands on the property. As a result of this proposed revision to the coastal wetlands boundary, a smaller area of this property will be mapped as coastal wetlands than originally proposed in April 2015. However, there will still be an overall increase in the amount of mapped coastal wetlands on this property. To view a copy of the notice of substantial change on adoption, click here.

For more information and links to the maps in question, please see the Coastal Wetland Map Promulgation webpage.

On July 6, 2015, the Department adopted amendments, repeals, and new rules which consolidate the Coastal Permit Program Rules, N.J.A.C. 7:7 and Coastal Zone Management Rules, N.J.A.C. 7:7E into one chapter, the Coastal Zone Management (CZM) rules, codified at N.J.A.C. 7:7. The adoption was published in the July 6, 2015 New Jersey Register and so the amendments, repeals and new rules are now effective.  The adoption is available on the Department’s Rules and Regulations web page.  The new application form and checklists are available on the “Forms & Checklists” webpage. These checklists should be utilized for all applications submitted to the Department on or after the July 6, 2015.

This rulemaking 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. The new CZM rules establish a comprehensive and streamlined set of rules governing land use in the coastal area. Through this adoption and anticipated rulemaking to amend the Freshwater Wetlands Protection Act Rules and Flood Hazard Area Control 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 adopted amendments, repeals, and new rules address the alignment of the permitting process rules relating to 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 adopted amendments, repeals, and new rules also transform the operations of the land use permitting programs by 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.  Further, this adoption amends various standards of the Department’s rules regarding the use, development, and protection of the State’s coastal resources, including the rules relating to dredging and dredged material management, marina development and expansion, and mitigation.

Please note that under the adopted rules, the public notice requirements for coastal permit applications have changed.  Please see N.J.A.C. 7:7-24, Requirements for an Applicant to Provide Public Notice of an Application.

To facilitate the implementation of the amendments to the rules governing the permitting process, the Division has revised its application form and updated the coastal application checklists.  All applications received by the Division on or after the effective date of the amendments, July 6, 2015, must use the new application form to be determined administratively complete. The new application form and checklists are now available and are located on the “Form & Checklists” webpage. These checklists should be utilized for all applications submitted to the Department after the date of adoption. Also, please note that in accordance with N.J.A.C. 7:7-26.1(e), the Department, in reviewing pending applications, will apply the requirements of the CZM rules in effect at the time the application is declared complete for review.

On June 2, 2015, the Department filed the adoption of amendments, repeals, and new rules which consolidate the Coastal Permit Program Rules, N.J.A.C. 7:7 and Coastal Zone Management Rules, N.J.A.C. 7:7E into one chapter, the Coastal Zone Management (CZM) rules codified at N.J.A.C. 7:7.  The adoption will most likely be published in the July 6, 2015 New Jersey Register at which time the amendments, repeals and new rules will be effective.  The adoption will be available from the Department’s Rules and Regulations web page at www.nj.gov/dep/rules/adoptions.html as well as the Division of Land Use Regulation’s Laws and Rules web page at www.nj.gov/dep/landuse/lawsregs.html.

This rulemaking 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. The new CZM rules establish a comprehensive and streamlined set of rules governing land use in the coastal area. Through this adoption and anticipated rulemaking to amend the Freshwater Wetlands Protection Act Rules and Flood Hazard Area Control 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 adopted amendments, repeals, and new rules address the alignment of the permitting process rules relating to 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 adopted amendments, repeals, and new rules also transform the operations of the land use permitting programs by 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.  Further, this adoption amends various standards of the Department’s rules regarding the use, development, and protection of the State’s coastal resources, including the rules relating to dredging and dredged material management, marina development and expansion, and mitigation.

Please note that under the adopted rules, the public notice requirements for coastal permit applications have changed.  Please see N.J.A.C. 7:7-24, Requirements for an Applicant to Provide Public Notice of an Application.

To facilitate the implementation of the amendments to the rules governing the permitting process, the Division will revise its application form and update the coastal application checklists.  All applications received by the Division on or after the effective date of the amendments, July 6, 2015, must use the new application form to be determined administratively complete. The new application form and checklists are available prior to adoption and are located on the “Proposed Checklists and Application Form” webpage. These checklists should be utilized for all applications submitted to the Department after the date of adoption. Also, please note that in accordance with N.J.A.C. 7:7-26.1(e), the Department, in reviewing pending applications, will apply the requirements of the CZM rules in effect at the time the application is declared complete for review.

NOTICE:  The Department has adopted new fees for all Land Use Regulation permits types under the Freshwater Wetlands Protection Act Rules N.J.A.C.7:7A, Coastal Permit Program Rules N.J.A.C. 7:7 and Flood Hazard Area Control Act Rules N.J.A.C. 7:13 on Monday February 2, 2015. These fees changes were proposed on 9/2/14 in the NJ Register and opened for public comment till 11/1/14. A public hearing was held 10/1/14 in the Public Hearing Room at the NJDEP main building.

For a list of these new fees please refer to the Department’s Rules and Regulation webpage under adoptions, or on the Law and Rules page on the Land Use Regulation website in each specific rule.

All new applications received or rejected applications resubmitted on or after Monday February 2, 2015 must have the new fee to be considered administratively complete. The new fee schedule and LURP form are available on in the Forms and Checklist section of the Land Use website.

Bi-County Development Corporation Permit and Response Document

On January 26, 2015, the Division issued Freshwater Wetlands General Permits 10B and 11 as well as a Transition Area Waiver to Bi-County Development Corporation for a residential development in Oakland Borough, Bergen County (Division file # 0000-03-0013.4, FWW130001, FWW070002, FWW070004).  In response to all comments received by the Division, during the application review process, the Division has prepared the response document posted below.  The permit decision is also posted here.  You may have received a letter or e-mail from the Division notifying you of this posting.

Permit

Response to Public Comments

The following is an exerpt from the complete rule proposal available at:
www.nj.gov/dep/rules/proposals/20140602a.pdf

The Department regulates the use and development of coastal resources under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq., the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., and the Waterfront Development Law, N.J.S.A. 12:5-1 et seq., through the Coastal Permit Program Rules at N.J.A.C. 7:7 and the Coastal Zone Management rules at N.J.A.C. 7:7E.

In the late fall of 2012, New Jersey suffered extraordinary levels of damage to homes, businesses, infrastructure, bulkheads, waterways, and beaches as a result of Superstorm Sandy. In the aftermath of Sandy, the State immediately took steps to address redevelopment and reconstruction and to reduce risks to public safety, health, and the environment while rebuilding a more resilient coastal community. The Department undertook emergency rulemaking to amend the Flood Hazard Areas Control Act (FHACA) rules (N.J.A.C. 7:13) to ensure that structures are constructed at appropriate elevations taking into account the best available flood elevation data (see 45 N.J.R. 360(a) and 1104(a)), and to amend the Coastal Permit Program rules and the Coastal Zone Management (CZM) rules to facilitate the expeditious rebuilding of residential and commercial developments; the reconstruction of existing marinas and construction of new marinas; the restoration of the shellfish aquaculture industry; the maintenance of engineered beaches and dunes; the establishment of living shorelines; and the removal of sand and other materials while encouraging the rehabilitation of dredged material disposal/placement areas (see 45 N.J.R. 1141(a) and 1696(a)). The Department is now proposing to consolidate the Coastal Permit Program Rules and the Coastal Zone Management rules into one chapter and to make other changes intended to further encourage appropriate redevelopment of more resilient coastal communities. The proposal reflects the Department’s knowledge and experience concerning coastal development issues accumulated over decades as well as specific lessons learned from the impact of and rebuilding from Superstorm Sandy and other weather events.

Public hearings concerning this proposal will be held as follows:

Wednesday, June 25, 2014, at 5:30 P.M. Long Branch Council Chambers, 2nd floor 344 Broadway Long Branch, New Jersey

Thursday, June 26, 2014, at 1:00 P.M. NJ Department of Environmental Protection Public Hearing Room 401 East State Street, 1st floor Trenton, New Jersey

Wednesday, July 9, 2014, at 11:00 A.M. Jacques Cousteau National Estuarine Research Reserve Jacques Cousteau Coastal Education Center 130 Great Bay Blvd Tuckerton, New Jersey

A 60-day public comment period will run through August 1, 2014.You may submit comments by August 1, 2014, electronically at https://www.nj.gov/dep/rules/comments.

Below is a copy of the notice posted earlier this month on the following rules notices page at: https://www.nj.gov/dep/rules/notices/20140902a.html

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT
DIVISION OF LAND USE MANAGEMENT

Notice of Rule Proposal

Coastal Permit Program Rules, N.J.A.C. 7:7
Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A
Flood Hazard Area Control Act Rules, N.J.A.C. 7:13
Proposed amendments to application fees

PUBLIC NOTICE

Take notice that the NJ Department of Environmental Protection is proposing amend, repeal, and adopt new rules concerning fees for applications for permits and determinations or approvals in the Coastal Permit Program Rules at N.J.A.C. 7:7, the Freshwater Wetlands Protection Act Rules  at N.J.A.C. 7:7A, and the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13.  A statement of the substance of the proposal follows: The proposed amendments and new rules establish a simplified, cohesive fee structure across the three chapters of rules, and incorporate a process to adjust fees in the future for each of the three permitting programs based on their respective projected annual budgets and projected fee revenues. The fee adjustment for each program would be accomplished through publication in the New Jersey Register of a public notice of a fee report and administrative changes to the fee amounts.  The proposed amendments and new rules also make uniform the fees for certain permits and determinations that are common to all three programs, which will enhance the Department’s ability to implement electronic permitting in the future. The proposed amendments modify the fee amounts and will result in an increase in the fees overall, although the revenue from the fees as proposed to be adjusted will still fall short of the amount necessary to fully cover the costs to review and process applications.

The proposal is scheduled to be published in the New Jersey Register dated September 2, 2014.  A copy of the proposal is available at https://www.nj.gov/dep/rules/proposals/20140902a.pdf and in official repository libraries.  In addition, LexisNexis provides free on-line public access to the New Jersey Administrative Code and the New Jersey Register at https://www.lexisnexis.com/njoal.

A public hearing concerning the proposal is scheduled as follows

Wednesday, October 1, 2014 at 1:30 P.M.
NJ Department of Environment Protection
Public Hearing Room
401 East State Street
Trenton, NJ 08060

Written comments may be submitted electronically by November 1, 2014 at https://www.nj.gov/dep/rules/comments; or in hard copy to:

Gary J. Brower, Esq.
ATTN: DEP Docket No. 06-14-08
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

In Lieu Fee (ILF) Program draft document available for public comment

The Department is seeking comments on a draft document that will establish an In Lieu Fee (ILF) Program for New Jersey.  The ILF document will set forth the guidelines and responsibilities for the establishment, use, operation, protection, monitoring and maintenance of the ILF Program to assure the work associated with the ILF Program produces the necessary compensatory mitigation credits to compensate for wetland impacts.  Comments will be accepted on this DRAFT document until April 11, 2014.  All comments should be submitted in writing to Jill Aspinwall at jill.aspinwall@dep.state.nj.us.

In-Lieu Fee program draft document

Future Mitigation Council Meetings:

The following meeting dates have been tentatively scheduled for The Freshwater Wetlands Mitigation Council for the year 2014:

March 4th, April 1st, June 3rd, August 5th, October 7th and December 2nd December 8th

Meetings begin at 9:30 a.m. 
Location: 501 E. State Street, 2nd Floor Hudson Conference Room.

Attendees should call or e-mail in advance their intent to attend to:
Karin Bauer: Karin.Bauer@dep.state@dep.state.nj.us Phone(609)633-7902, or;
Jill Aspinwall: jill.aspinwall@dep.state.nj.us Phone (609)984-9736

In order to be placed on the Council’s agenda, all supporting materials for consideration by the Council must be submitted to the Mitigation Council staff at least 60 days in advance of the applicant’s targeted meeting date. Application materials should be submitted to:

Staff to Mitigation Council c/o
NJDEP Division of Policy Implementation
P.O. Box 420
Mail Code: 401-07D
Trenton, New Jersey  08625-0420

Those proposing a project in the Highlands Preservation Area may first apply to the Division of Land Use Regulation for a Highlands Applicability Determination (HAD)  and Water Quality Management Plan (WQMP) Consistency Determination.  This determination lets an applicant know whether a proposed activity is a major Highlands development, consistent with the applicable area wide Water Quality Management Plan (WQMP) or exempt from the Highlands Act. 

• A project that is considered a major Highlands development is regulated by the Highlands Act and rules and will require a Highlands Preservation Area Approval (HPAA) from the Division.
• A project that is inconsistent with the applicable WQMP may be denied a permit from the Department. 
• A project that is not considered a major Highlands development may qualify for an exemption set forth by the Act. 

There are a total of 17 exemptions.  The HAD will let an applicant know whether any of those exemptions apply to them.  However, if an applicant is certain that their project is regulated under the Highlands rules and is willing to stipulate that they are regulated, they may apply directly to the Division of Land Use Regulation for a HPAA without first making an application for a HAD and WQMP Consistency Determination.

If the project is determined to be exempt from the Highland Rules, the project still may be subject to other rules and regulations including the Freshwater Wetlands Protection Act Rules and the Flood Hazard Area Control Act Rules. 

For more information, please Contact the Division or visit the Land Use Highlands Webpage.