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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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Division of Policy Implementation and Watershed Restoration

Notice of Rule Proposal
Coastal Zone Management rules, N.J.A.C. 7:7E-7.4

Take notice that the NJ Department of Environmental Protection is proposing to readopt without change the specially adopted amendment to the energy facility use rule, N.J.A.C. 7:7E-7.4, that implements P.L. 2011, ch. 20, which amended the Coastal Area Facility Review Act.  A statement of the substance of the proposal follows: In February 2011, the Legislature enacted N.J.S.A. 13:19-10.1 which allows the construction of wind dependent energy facilities on piers in the coastal area provided the wind energy facility is an accessory use to the other uses of, or purposes of, the pier.  As mandated by the legislation, the Department modified the Coastal Zone Management rules’ energy facility use rule, N.J.A.C. 7:7E-7.4, through a special adoption to except from the siting restrictions wind turbines on piers throughout the coastal area.  Pursuant to the legislation, the specially adopted amendment is effective for a period not to exceed 12 months, and must be readopted within this 12 month period in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., to avoid expiration.  The Department proposes to readopt the specially adopted amendment without change.

The proposal is scheduled to be published in the January 3, 2012 New Jersey Register.  A copy of the proposal is available from: the Department’s website; official repository libraries; or by contacting LexisNexis Customer Service at (800) 223-1944 or  Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

Written comments may be submitted by March 3, 2012 to:

Gary J. Brower, Esq.
ATTN: 13-11-11
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 4th Floor
Trenton, NJ 08625-0402

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