FRESHWATER WETLANDS PROTECTION ACT RULES

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

SUBCHAPTER 13 CONTENTS OF PERMITS AND WAIVERS

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7:7A-13.1 Standard conditions that apply to all permits
7:7A-13.2 Establishing permit conditions
7:7A-13.3 Duration of permits
7:7A-13.4 Effect of a permit


N.J.A.C. 7:7A-13.1 Standard conditions that apply to all permits

(a) The following conditions apply to all permits issued under this chapter, including all waivers and general permit authorizations:

(b) The permittee need not comply with the conditions of a permit, including a waiver or general permit authorization, to the extent and for the duration that such noncompliance is authorized in an emergency permit approved by the Department under N.J.A.C. 7:7A-8.

(c) If a permit, including a transition area waiver or general permit authorization, is issued, regulated activities are not authorized under the permit, and construction shall not be started, until the Department receives a written acceptance of the all terms and conditions of the permit from the permittee. A permit acceptance form is available from the Department as part of each application checklist. If a permittee begins regulated activities prior to submittal of the written permit acceptance, the permittee shall be deemed to have accepted all terms and conditions of the permit as of the date the activities were begun.

(d) A copy of the permit, including an authorization or transition area waiver, shall be kept on the site and shall be available for public inspection. All projects authorized by an individual or general permit or transition area waiver shall be posted with a sign, prominently displayed at the main entrance to the property or work site, at all times from commencement to completion of the permitted activity. The sign shall contain at least the following information:

(e) A permit, including a waiver or general permit authorization, runs with the land and is binding upon the permittee and the permittee's successors in interest in the land or in any part thereof.

(f) A permit, including a waiver and/or a general permit authorization, issued under this chapter does not relieve a permittee from the obligation to obtain any other permits or approvals required by law.

N.J.A.C. 7:7A-13.2 Establishing permit conditions

(a) In addition to the standard conditions required in all permits under N.J.A.C. 7:7A-13.1, the Department shall establish conditions in a permit, including a waiver or general permit authorization, as required on a case-by-case basis, to assure compliance with all applicable requirements of the Federal Act, the Freshwater Wetlands Protection Act, the Water Pollution Control Act, this chapter and other applicable rules or regulations. For the purposes of this subsection, an applicable requirement is a statutory or regulatory requirement which takes effect before the Department's final administrative decision on a permit, or before the modification or termination and reissuance of a permit.

(b) In addition to the standard requirements in N.J.A.C. 7:7A-13.1, each permit shall include information meeting the following requirements, when applicable:

(c) The Department may in some cases include a permit condition requiring a preconstruction meeting on the site of permitted activities. Such a condition shall specify how many days prior to construction the permittee must notify the Department so that the preconstruction meeting can be scheduled.

(d) All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable rules or regulations or requirements shall be given in the permit.

N.J.A.C. 7:7A-13.3 Duration of permits

(a) A permit, including a waiver or general permit authorization, shall be effective for a fixed term not to exceed five years from the date the Department issues the permit. An extension may be available in some cases under N.J.A.C. 7:7A-14.6.

(b) This section does not govern letters of interpretation or exemption letters. Provisions governing the duration and extension of LOIs are found at N.J.A.C. 7:7A-3.6. Provisions governing the duration of exemption letters are found at N.J.A.C. 7:7A-2.10.

N.J.A.C. 7:7A-13.4 Effect of a permit

(a) Compliance with a permit, including a general permit authorization, during its term constitutes compliance, for enforcement purposes, with sections 301, 307, and 403 of the Federal Act, with the Freshwater Wetlands Protection Act, and with this chapter. Because transition areas are not regulated under the Federal Act, compliance with a transition area waiver during its term constitutes compliance, for enforcement purposes, with the Freshwater Wetlands Protection Act and with this chapter. However, a permit may be modified, terminated and reissued, suspended, or terminated during its term for cause as set forth in this chapter.

(b) The issuance of a permit, including a waiver or general permit authorization, does not convey property rights of any sort, or any exclusive privilege.