FRESHWATER WETLANDS PROTECTION ACT RULES

N.J.A.C. 7:7A

SUBCHAPTER 9 PRE-APPLICATION CONFERENCES

Please Note: The Department has made every effort to ensure that the text of this regulation is identical to the official, legally effective version set forth in the New Jersey Register. However, should there be any discrepancies between the text on this web site and the official version of the rule, the official version will govern. For more information on obtaining official versions of the rules, see "How To Get a Paper Copy of Department Rules".

7:7A-9.1 Purpose
7:7A-9.2 Request for a pre-application conference

N.J.A.C. 7:7A-9.1 Purpose

A pre-application conference is recommended for any project that is complex or controversial. It allows the Department to inform potential applicants of the various procedures and policies which apply to the freshwater wetlands, open water fill, stream encroachment, and coastal program permitting process. Department staff will candidly discuss the apparent strengths and weaknesses of the proposed permit application at this conference, but all guidance provided at a pre-application conference shall be non-binding on the Department. A Department decision on a project or any aspect of a project is binding only if it is incorporated into a permit obtained in accordance with this chapter.

N.J.A.C. 7:7A-9.2 Request for a pre-application conference

(a) Potential applicants may request a pre-application conference with the Department. A request for a pre-application conference shall be made in writing and shall include:

1. A project description;

2. A plan view of the project;

3. A tax lot and block designation of the site;

4. The location of the project site, including the municipality and county;

5. A copy of any LOI issued for the site. If no LOI has been issued, the general location of freshwater wetlands, transition areas, and State open waters;

6. A copy of the appropriate United States Soil Conservation Service map(s) locating the project; and

7. A United States Geological Survey quadrangle map showing the site.

(b) The Department encourages the applicant to obtain a letter of interpretation prior to the pre-application conference.

(c) If a pre-application conference is to be held, the Department shall schedule the pre-application conference within 15 days after receiving a request for one. If a pre-application conference is not scheduled within this deadline, the applicant may apply directly for a permit.