(a) At
Table F below, this subchapter sets forth the fees for an application for the
following:
1. A verification, pursuant to
N.J.A.C. 7:136;
2. An authorization under a
general permit, pursuant to N.J.A.C. 7:138, except for general permits 1 and
6, which have no application fee;
3. An individual permit,
pursuant to N.J.A.C. 7:139, 10 and 11;
4. A revision of an approval,
pursuant to N.J.A.C. 7:1313; and
5. A transfer of an approval,
pursuant to N.J.A.C. 7:1314.
(b) There
is no application fee for the following:
1. An applicability
determination, pursuant to N.J.A.C. 7:135;
2. A permitbyrule, pursuant to
N.J.A.C. 7:137;
3. An authorization under general
permit 1, pursuant to N.J.A.C. 7:138.3
4. An authorization under
general permit 6, pursuant to N.J.A.C. 7:138.8; and
5. An emergency permit, pursuant
to N.J.A.C. 7:1312.
(c) The
total application fee for a given project is calculated by summing the
following:
1. The appropriate fee for each
project element to be covered by any individual permit;
2. The appropriate fee for any
verification; and
3. The appropriate fee for any
general permit authorization, revision or transfer for which an application is
submitted.
(d) All
application fees shall be paid by money order, check (personal, bank, certified
or attorney) or government purchase order. Fees shall be made payable to the
"Treasurer, State of New Jersey".
(e) If
a project requires approval under this chapter, and also requires any CAFRA,
waterfront development, coastal wetlands and/or freshwater wetlands approvals
issued under the respective rules for these regulatory programs, the
application fee for the project shall be calculated as follows:
1. The total application fee for
each regulatory program's approvals shall be calculated separately. For
example, if a project requires a flood hazard area permit, a flood hazard area
verification and three freshwater wetlands approvals, the total fee for all flood
hazard area approvals shall be computed separately from the total fee for all
freshwater wetlands approvals; and
2. The application fee for the
project shall be the sum of the following, provided all applications are
submitted to the Department simultaneously:
i. The highest total
application fee among the regulatory programs calculated under (e)1 above; and
ii. Seventyfive percent of the
total application fee for each additional regulatory program calculated under
(e)1 above.
(f) Any
fee required under this chapter that is subject to N.J.A.C. 7:1L, Payment
Schedule for Permit Application Fees, shall be payable in installments in
accordance with N.J.A.C. 7:1L.
(g) For
the purpose of determining the application fee for the review of a linear
project, such as a verification of a flood hazard area limit or an individual
permit for a bank stabilization project where a review of calculations is
necessary, the length of the feature shall be measured along the centerline of
the channel. Along regulated waters where no channel is discernible, the length
of the channel (for calculating fees under this section) shall be determined by
measuring the approximate centerline of the regulated water.
Table F
APPLICATION FEES
Verification
(N.J.A.C. 7:136)  
Type of
Verification 
Fee  
Method 1 (Department delineation method) 
$500.00 ^{}  
Method 2 (FEMA tidal method) 
$500.00^{}  
Method 3 (FEMA fluvial method) 
$500.00^{}  
Method 4 (FEMA hydraulic method) 
$3,000 plus $300.00 per each 100 linear feet
of channel (or portion thereof)  
Method 5 (Approximate method) 
$500.00^{}  
Method 6 (Calculation method) 
$3,000 plus $300.00 per each 100 linear feet
of channel (or portion thereof)  
Note: The $500.00 fee for methods 1, 2, 3 and
5 above does not apply if the verification application is submitted
concurrently with either of the following: 1. An application for any general
permit authorization for which verification of the flood hazard area is
required to determine compliance with the general permit; or 2. An individual permit application
solely for the construction of one private residence (which is not being
constructed as part of a larger residential subdivision), the construction of
a residential addition and/or the construction of a building appurtenant to a
private residence, such as a garage, barn or shed.  
 
General
Permit Authorization (N.J.A.C. 7:138)  
Type of
General Permit 
Fee  
General permits 1 and 6 
No fee  
General permits 2A, 2B, 2C, 2D, 2E, 2F, 2G, 3,
4, 5, 7, 8, 9 and 10 
$500.00^{}  
 
Individual
permit (N.J.A.C. 7:139 through 11)  
Project
Element 
Qualifier

Fee  
Bank stabilization, reestablishment, or
protection 
Review of hydrologic and/or hydraulic
calculations necessary 
$3,000 plus $300.00 per each 100foot segment
of channel (or portion thereof)  
Review of hydrologic and/or hydraulic
calculations not necessary 
$1,000  
Bridge, culvert, footbridge, low dam or other
water control structure (including up to 200 feet of channel modification if
necessary for the placement of the water control structure) 
Review of hydrologic and/or hydraulic
calculations necessary (except as noted below) 
$4,000  
Review of hydrologic and/or hydraulic
calculations necessary for a bridge or culvert that provides access to one
private residence (which is not being constructed as part of a larger
residential subdivision) 
$2,000  
Review of hydrologic and/or hydraulic
calculations not necessary 
$1,000  
Channel modification 
Review of hydrologic and/or hydraulic
calculations necessary 
$3,000 plus $300.00 per each 100foot segment
of channel (or portion thereof)  
Review of hydrologic and/or hydraulic
calculations not necessary 
$1,000  
Excavation, fill and/or grading 
Review of net fill calculations necessary
(except as noted below) 
$4,000  
Review of net fill calculations not necessary
and project consists solely of excavation, fill and/or grading 
$1,000  
Review of net fill calculations necessary and
project consists solely of one private residence that is not being
constructed as part of a larger residential subdivision (including any
appurtenant structure such as a garage, barn or shed) 
No fee  
Review of net fill calculations necessary for
a bridge or culvert where review of hydrologic and/or hydraulic calculations
is also necessary 
No fee  
Hardship exception 
Request associated with one private residence
that is not being constructed as part of a larger residential subdivision
(including any appurtenant structure such as a garage, barn or shed) 
No fee  
All other requests 
$4,000  
Private residence 
One private residence that is not being
constructed as part of a larger residential subdivision (including any
appurtenant structure such as a garage, barn or shed) 
$1,000  
Addition and/or new appurtenant structure to
an existing private residence, such as a garage, barn or shed 
$1,000  
Retaining wall 
Extending 4 feet or more above ground 
$4,000  
Extending less than 4 feet above ground 
$1,000  
Sediment removal from a channel 
Each sediment removal project 
$1,000 plus $100.00 per each 100foot segment
of channel (or portion thereof) not to exceed $4,000  
Stormwater discharge structure 
Each stormwater discharge structure (including
any conduit outlet protection and/or conveyance channel) 
$1,000  
Utility line 
Each crossing 
$1,000  
Any other activity 
Each project element 
$1,000  
 
Additional
Fee if permit is for a Major Development pursuant to N.J.A.C. 7:81.2  
Qualifier 
Area of
Impact 
Fee  
Base fee for any major development 
Any size project 
$2,000  
Additional fee for the review of groundwater
recharge calculations (pursuant to N.J.A.C. 7:85.4(a)2) per area of land
disturbed by the project 
Up to 3 acres 
$500  
More than 3 acres and up to 10 acres 
$1,000  
More than 10 acres and up to 100 acres 
$2,000  
More than 100 acres 
$4,000  
Additional fee for the review of runoff
quantity calculations (pursuant to N.J.A.C. 7:85.4(a)3) per area of land
disturbed by the project 
Up to 3 acres 
$500  
More than 3 acres and up to 10 acres 
$1,000  
More than 10 acres and up to 100 acres 
$2,000  
More than 100 acres 
$4,000  
Additional fee for the review of water quality
calculations (pursuant to N.J.A.C. 7:85.5) per area of impervious surface
under review 
Up to 1 acre 
$500  
More than 1 acre and up to 3 acres 
$1,000  
More than 3 acres and up to 10 acres 
$2,000  
More than 10 acres 
$4,000  
Additional fee if any vegetation is removed
within a Special Water Resource Protection Area (pursuant to N.J.A.C.
7:85.5(h)) 
Any size project 
$2,000  
 
Revision
of a verification, general permit authorization or individual permit (N.J.A.C.
7:1313.1 through 13.3)  
Qualifier 
Fee  
Each major revision 
Fifty percent of the original permit application fee for each project element to be revised^{}  
Each minor revision 
$200.00 per element to be revised  
 
Revision
of a Department delineation (N.J.A.C. 7:1313.4)  
Qualifier 
Fee  
Each major revision 
$3,000 plus $300.00 per each 100foot segment
of channel (or portion thereof) to be redelineated  
Each minor revision 
$200.00  
 
Transfer
an approval (N.J.A.C. 7:1314.1)  
Qualifier 
Fee  
Transfer of an applicability determination or
permitbyrule 
No fee  
Transfer of any other approval 
$200.00  
(h) The
Department shall annually adjust the fees in this subchapter. The Department
shall calculate a fee adjustment factor annually, and multiply each fee by that
fee adjustment factor. The Department shall calculate the fee adjustment factor
by taking the following steps:
1. Project the total amount of
money required to fund the program in the coming year. This projection shall be
based upon the following data:
i. The number and type of
Department staff required to perform each activity for which fees are charged;
ii. The total salaries of those
staff members;
iii. The cost of fringe benefits for
those staff members, calculated as a percentage of salaries, which percentage
is set by the New Jersey Department of the Treasury based upon costs associated
with pensions, health benefits, workers' compensation, disability benefits,
unused sick leave, and the employer's share of FICA;
iv. Indirect costs attributable to
those staff members. "Indirect costs" means costs incurred for a common
or joint purpose, benefiting more than one cost objective, and not readily
assignable to the cost objective specifically benefited without effort
disproportionate to the results achieved. Indirect costs shall be calculated at
the rate negotiated annually between the Department and the United States
Environmental Protection Agency, multiplied by the total of salaries and fringe
benefits;
v. Operating expenses
(including, without limitation, expenses for postage, telephone, travel,
supplies and data system management) attributable to those staff members; and
vi. The budgeted annual cost of legal
services rendered by the Department of Law and Public Safety, Division of Law,
in connection with the program.
2. Project the total amount to
be available from sources other than fees, such as State appropriations or
Federal grants;
3. Subtract the amount in (h)2
above from the amount in (h)1 above. The remainder is the fee revenue necessary
for the coming year;
4. Divide the fee revenue
necessary for the coming year by the fee revenue which was necessary for the
current year;
5. Divide the volume of
applications the Department received in the current year by the volume it
expects to receive in the coming year. In projecting the expected volume of
applications, the Department shall consider the following factors:
i. The volume of
applications received in previous years;
ii. Based on (h)5i above, any
trends toward an increasing or decreasing volume of applications;
iii. Information indicating a trend
toward increasing or decreasing construction activity in various areas of the
State; and
iv. Other data concerning economic
trends reasonably likely to influence the volume of applications; and
6. Multiply the number provided
in (h)5 above by the number provided in (h)4 above. This result is the fee
adjustment factor.
(i) Each
year, the Department shall prepare an Annual Flood Hazard Area Control Act Fee
Schedule Report. Promptly after completing the report, the Department shall
publish in the New Jersey Register a notice of opportunity for public input
setting forth the adjusted fees. The notice shall state that the report is
available and direct interested persons to contact the Department for a copy of
the report and to provide comments within 45 calendar days of the notice date.
The Department shall promptly provide a copy to each person requesting a copy.
The Department will evaluate the comments submitted and publish in the New
Jersey Register its findings and the final adjusted fees with their operative
dates in a notice of administrative change.
(j) The Department will not make the adjustment of fees provided in (h) above or prepare the report described in (i) above for any oneyear period ending June 30, if in that period the Department proposes or promulgates amendments to any fees for applications under this chapter.