NEWS, NOTICES AND ANNOUNCEMENTS
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Special: DEP Add's E-Permits to Better Serve the Public
DEP ADD'S E-PERMITS TO BETTER SERVE THE PUBLIC
As part of its continued commitment to customer service and transformation, the Division of Land Use Regulation has launched a new service that will allow property owners to apply on-line for certain Coastal General and Freshwater Wetlands Permits. Please note that you must follow all instructions on the LURP form and maintain a complete copy of the application including all necessary notices to neighbors and municipalities.
The new freshwater wetlands permit program is the second round for the DEP's Land Use Regulation; the two Coastal General Permits that went on-line last year are GP 14 and GP 19. Property owners or their contractors will be able to apply on-line for permits and within minutes get decisions on projects to replace bulkheads with identically sized bulkheads or to replace docks in man-made lagoons.
The public can now apply on-line for two types of freshwater wetland permits - a GP-8 for house addition where addition is connected to existing structure and a GP-25 for replacement of a malfunctioning septic system. As with the previous on-line permits, applicants are required to answer a short list of questions and certify their responses as truthful and accurate. If approvable the applicant will be issued an automated approval of their permit.
The Division of Land Use Regulation is still working on an approach to allow applicants to submit wetlands delineations (Letters of Interpretation) through an on-line system. Users may access the e-permitting system at http://njdeponline.com/. Follow the registration process and create an account. When setting up your profile, select Land Use Permitting. Instructions are available at this web site, or you may call the Land Use hot line at (609) 777-0454.
Posted 6/17/15 Notice of Proposed Adoption, Coastal Zone Management rules
On June 2, 2015, the Department filed the adoption of amendments, repeals, and new rules which consolidate the Coastal Permit Program Rules, N.J.A.C. 7:7 and Coastal Zone Management Rules, N.J.A.C. 7:7E into one chapter, the Coastal Zone Management (CZM) rules codified at N.J.A.C. 7:7. The adoption will most likely be published in the July 6, 2015 New Jersey Register at which time the amendments, repeals and new rules will be effective. The adoption will be available from the Department’s Rules and Regulations web page at www.nj.gov/dep/rules/adoptions.html as well as the Division of Land Use Regulation’s Laws and Rules web page at www.nj.gov/dep/landuse/lawsregs.html.
This rulemaking is part of the Department’s effort to transform the operations of the land use permitting programs administered by the Division of Land Use Regulation. The new CZM rules establish a comprehensive and streamlined set of rules governing land use in the coastal area. Through this adoption and anticipated rulemaking to amend the Freshwater Wetlands Protection Act Rules and Flood Hazard Area Control Act Rules, the Department intends to align the rules governing the permitting processes of all three programs to the extent the respective enabling statutes allow. The adopted amendments, repeals, and new rules address the alignment of the permitting process rules relating to emergency authorizations, pre-application conferences, application requirements, requirements for an applicant to provide public notice, application review, permit conditions and changes to issued permits, and requests for adjudicatory hearings. The adopted amendments, repeals, and new rules also transform the operations of the land use permitting programs by streamlining functions, re-engineering business processes, and leveraging technology to eliminate unnecessary paperwork, share applications and forms across the Department, and increase the use of electronic submittals. Further, this adoption amends various standards of the Department’s rules regarding the use, development, and protection of the State’s coastal resources, including the rules relating to dredging and dredged material management, marina development and expansion, and mitigation.
Please note that under the adopted rules, the public notice requirements for coastal permit applications have changed. Please see N.J.A.C. 7:7-24, Requirements for an Applicant to Provide Public Notice of an Application.
To facilitate the implementation of the amendments to the rules governing the permitting process, the Division will revise its application form and update the coastal application checklists. All applications received by the Division on or after the effective date of the amendments, July 6, 2015, must use the new application form to be determined administratively complete. The new application form and checklists are available prior to adoption and are located on the “Proposed Checklists and Application Form” webpage. These checklists should be utilized for all applications submitted to the Department after the date of adoption. Also, please note that in accordance with N.J.A.C. 7:7-26.1(e), the Department, in reviewing pending applications, will apply the requirements of the CZM rules in effect at the time the application is declared complete for review.
Posted 2/2/15 Amendments to Application Fees have been adopted 2/2/15
NOTICE: The Department has adopted new fees for all Land Use Regulation permits types under the Freshwater Wetlands Protection Act Rules N.J.A.C.7:7A, Coastal Permit Program Rules N.J.A.C. 7:7 and Flood Hazard Area Control Act Rules N.J.A.C. 7:13 on Monday February 2, 2015. These fees changes were proposed on 9/2/14 in the NJ Register and opened for public comment till 11/1/14. A public hearing was held 10/1/14 in the Public Hearing Room at the NJDEP main building.
For a list of these new fees please refer to the Department’s Rules and Regulation webpage under adoptions, or on the Law and Rules page on the Land Use Regulation website in each specific rule.
All new applications received or rejected applications resubmitted on or after Monday February 2, 2015 must have the new fee to be considered administratively complete. The new fee schedule and LURP form are available on in the Forms and Checklist section of the Land Use website.
Posted: 1/26/15: Bi-County Development Corporation Permit and Response Document
Bi-County Development Corporation Permit and Response Document
On January 26, 2015, the Division issued Freshwater Wetlands General Permits 10B and 11 as well as a Transition Area Waiver to Bi-County Development Corporation for a residential development in Oakland Borough, Bergen County (Division file # 0000-03-0013.4, FWW130001, FWW070002, FWW070004). In response to all comments received by the Division, during the application review process, the Division has prepared the response document posted below. The permit decision is also posted here. You may have received a letter or e-mail from the Division notifying you of this posting.
Response to Public Comments
Posted 6/10/14: Coastal Zone Management and Coastal Permit Program Rules
Proposed Recodifications with Amendments
The following is an exerpt from the complete rule proposal available at:
The Department regulates the use and development of coastal resources under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq., the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., and the Waterfront Development Law, N.J.S.A. 12:5-1 et seq., through the Coastal Permit Program Rules at N.J.A.C. 7:7 and the Coastal Zone Management rules at N.J.A.C. 7:7E.
In the late fall of 2012, New Jersey suffered extraordinary levels of damage to homes, businesses, infrastructure, bulkheads, waterways, and beaches as a result of Superstorm Sandy. In the aftermath of Sandy, the State immediately took steps to address redevelopment and reconstruction and to reduce risks to public safety, health, and the environment while rebuilding a more resilient coastal community. The Department undertook emergency rulemaking to amend the Flood Hazard Areas Control Act (FHACA) rules (N.J.A.C. 7:13) to ensure that structures are constructed at appropriate elevations taking into account the best available flood elevation data (see 45 N.J.R. 360(a) and 1104(a)), and to amend the Coastal Permit Program rules and the Coastal Zone Management (CZM) rules to facilitate the expeditious rebuilding of residential and commercial developments; the reconstruction of existing marinas and construction of new marinas; the restoration of the shellfish aquaculture industry; the maintenance of engineered beaches and dunes; the establishment of living shorelines; and the removal of sand and other materials while encouraging the rehabilitation of dredged material disposal/placement areas (see 45 N.J.R. 1141(a) and 1696(a)). The Department is now proposing to consolidate the Coastal Permit Program Rules and the Coastal Zone Management rules into one chapter and to make other changes intended to further encourage appropriate redevelopment of more resilient coastal communities. The proposal reflects the Department’s knowledge and experience concerning coastal development issues accumulated over decades as well as specific
lessons learned from the impact of and rebuilding from Superstorm Sandy and other weather
Public hearings concerning this proposal will be held as follows:
Wednesday, June 25, 2014, at 5:30 P.M. Long Branch Council Chambers, 2nd floor 344 Broadway Long Branch, New Jersey
Thursday, June 26, 2014, at 1:00 P.M. NJ Department of Environmental Protection Public Hearing Room 401 East State Street, 1st floor Trenton, New Jersey
Wednesday, July 9, 2014, at 11:00 A.M. Jacques Cousteau National Estuarine Research Reserve Jacques Cousteau Coastal Education Center 130 Great Bay Blvd Tuckerton, New Jersey
A 60-day public comment period will run through August 1, 2014.You may submit comments by August 1, 2014, electronically at http://www.nj.gov/dep/rules/comments.
Posted: 9/22/14: Repost of the Proposed amendments to application fees
Below is a copy of the notice posted earlier this month on the following rules notices page at: http://www.nj.gov/dep/rules/notices/20140902a.html
NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT
DIVISION OF LAND USE MANAGEMENT
Notice of Rule Proposal
Coastal Permit Program Rules, N.J.A.C. 7:7
Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A
Flood Hazard Area Control Act Rules, N.J.A.C. 7:13
Proposed amendments to application fees
Take notice that the NJ Department of Environmental Protection is proposing amend, repeal, and adopt new rules concerning fees for applications for permits and determinations or approvals in the Coastal Permit Program Rules at N.J.A.C. 7:7, the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A, and the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13. A statement of the substance of the proposal follows: The proposed amendments and new rules establish a simplified, cohesive fee structure across the three chapters of rules, and incorporate a process to adjust fees in the future for each of the three permitting programs based on their respective projected annual budgets and projected fee revenues. The fee adjustment for each program would be accomplished through publication in the New Jersey Register of a public notice of a fee report and administrative changes to the fee amounts. The proposed amendments and new rules also make uniform the fees for certain permits and determinations that are common to all three programs, which will enhance the Department’s ability to implement electronic permitting in the future. The proposed amendments modify the fee amounts and will result in an increase in the fees overall, although the revenue from the fees as proposed to be adjusted will still fall short of the amount necessary to fully cover the costs to review and process applications.
The proposal is scheduled to be published in the New Jersey Register dated September 2, 2014. A copy of the proposal is available at http://www.nj.gov/dep/rules/proposals/20140902a.pdf and in official repository libraries. In addition, LexisNexis provides free on-line public access to the New Jersey Administrative Code and the New Jersey Register at http://www.lexisnexis.com/njoal.
A public hearing concerning the proposal is scheduled as follows
Wednesday, October 1, 2014 at 1:30 P.M.
NJ Department of Environment Protection
Public Hearing Room
401 East State Street
Trenton, NJ 08060
Written comments may be submitted electronically by November 1, 2014 at http://www.nj.gov/dep/rules/comments; or in hard copy to:
Gary J. Brower, Esq.
ATTN: DEP Docket No. 06-14-08
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402
Posted 3/4/14: In Lieu Fee (ILF) Program draft document available for public comment
In Lieu Fee (ILF) Program draft document available for public comment
The Department is seeking comments on a draft document that will establish an In Lieu Fee (ILF) Program for New Jersey. The ILF document will set forth the guidelines and responsibilities for the establishment, use, operation, protection, monitoring and maintenance of the ILF Program to assure the work associated with the ILF Program produces the necessary compensatory mitigation credits to compensate for wetland impacts. Comments will be accepted on this DRAFT document until April 11, 2014. All comments should be submitted in writing to Jill Aspinwall at firstname.lastname@example.org.
In-Lieu Fee program draft document
Posted 1/9/14: Future Freshwater Wetlands Mitigation Council Meetings
Future Mitigation Council Meetings:
The following meeting dates have been tentatively scheduled for The Freshwater Wetlands Mitigation Council for the year 2014:
March 4th, April 1st, June 3rd, August 5th, October 7th and
December 2nd December 8th
Meetings begin at 9:30 a.m.
Location: 501 E. State Street, 2nd Floor Hudson Conference Room.
Attendees should call or e-mail in advance their intent to attend to:
Karin Bauer: Karin.Bauer@email@example.com Phone(609)633-7902, or;
Jill Aspinwall: firstname.lastname@example.org Phone (609)984-9736
In order to be placed on the Council’s agenda, all supporting materials for consideration by the Council must be submitted to the Mitigation Council staff at least 60 days in advance of the applicant’s targeted meeting date. Application materials should be submitted to:
Staff to Mitigation Council c/o
NJDEP Division of Policy Implementation
P.O. Box 420
Mail Code: 401-07D
Trenton, New Jersey 08625-0420
Posted 11/1/13: Highlands Applicability Determinations are now issued by the Division of Land Use Regulation.
Those proposing a project in the Highlands Preservation Area may first apply to the Division of Land Use Regulation for a Highlands Applicability Determination (HAD) and Water Quality Management Plan (WQMP) Consistency Determination. This determination lets an applicant know whether a proposed activity is a major Highlands development, consistent with the applicable area wide Water Quality Management Plan (WQMP) or exempt from the Highlands Act.
- A project that is considered a major Highlands development is regulated by the Highlands Act and rules and will require a Highlands Preservation Area Approval (HPAA) from the Division.
- A project that is inconsistent with the applicable WQMP may be denied a permit from the Department.
- A project that is not considered a major Highlands development may qualify for an exemption set forth by the Act.
There are a total of 17 exemptions. The HAD will let an applicant know whether any of those exemptions apply to them. However, if an applicant is certain that their project is regulated under the Highlands rules and is willing to stipulate that they are regulated, they may apply directly to the Division of Land Use Regulation for a HPAA without first making an application for a HAD and WQMP Consistency Determination.
If the project is determined to be exempt from the Highland Rules, the project still may be subject to other rules and regulations including the Freshwater Wetlands Protection Act Rules and the Flood Hazard Area Control Act Rules.
For more information, please Contact the Division or visit the Land Use Highlands Webpage.
To see the archive of older postings, please check the News & Notices Archive.