SUBCHAPTER 17. APPLICATION FEES

 7:13-17.1 Application fees

7:13-17.1 Application fees

(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. 7:13-6;

2.    An authorization under a general permit, pursuant to N.J.A.C. 7:13-8, except for general permits 1 and 6, which have no application fee;

3.    An individual permit, pursuant to N.J.A.C. 7:13-9, 10 and 11;

4.    A revision of an approval, pursuant to N.J.A.C. 7:13-13; and

5.    A transfer of an approval, pursuant to N.J.A.C. 7:13-14.

(b)   There is no application fee for the following:

1.    An applicability determination, pursuant to N.J.A.C. 7:13-5;

2.    A permit-by-rule, pursuant to N.J.A.C. 7:13-7;

3.    An authorization under general permit 1, pursuant to N.J.A.C. 7:13-8.3

4.    An authorization under general permit 6, pursuant to N.J.A.C. 7:13-8.8; and

5.    An emergency permit, pursuant to N.J.A.C. 7:13-12.

(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.    Seventy-five 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. 7:13-6)

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. 7:13-8)

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. 7:13-9 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 100-foot 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 100-foot 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 100-foot 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. 7:8-1.2

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. 7:8-5.4(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. 7:8-5.4(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. 7:8-5.5) 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. 7:8-5.5(h))

Any size project

$2,000

 

Revision of a verification, general permit authorization or individual permit

(N.J.A.C. 7:13-13.1 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. 7:13-13.4)

Qualifier

Fee

Each major revision

$3,000 plus $300.00 per each 100-foot segment of channel (or portion thereof) to be re-delineated

Each minor revision

$200.00

 

Transfer an approval (N.J.A.C. 7:13-14.1)

Qualifier

Fee

Transfer of an applicability determination or permit-by-rule

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 one-year period ending June 30, if in that period the Department proposes or promulgates amendments to any fees for applications under this chapter.