General permit 10B (GP10B) authorizes the following activities in freshwater wetlands, transition areas, and/or State open waters:
- Construction of one or more new road crossings necessary to gain access to an otherwise inaccessible, developable, upland site, including attendant features such as shoulders, sidewalks and embankments;
- Expansion, widening, or upgrading of one or more existing paved or unpaved roads, including attendant features such as shoulders, sidewalks and embankments; and
- Activities necessary to reduce horizontal curves in an existing paved road to comply with New Jersey Department of Transportation safety regulations.
- The GP10B is for minor impacts associated with the construction or improvement of a roadway, bridge, culvert, or driveway, etc., which exceed the limits set forth under the GP10A. To be eligible for a GP10B, the project needs to comply with the following:
- The applicant needs to demonstrate through an Alternatives Analysis that there is no alternative onsite location and/or configuration for the road crossing that would provide access to the developable upland with less adverse environmental impact; and
- The total area of freshwater wetlands, transition areas, and/or State open waters disturbed under general permit 10B shall not exceed one quarter of an acre.
Under a GP10B, mitigation needs to be performed for all permanent loss and/or disturbance of 0.1 acres or greater of freshwater wetlands or State open waters, unless the applicant demonstrates to the Department that all activities have been designed to avoid and minimize impacts to wetlands. For purposes of this subsection, “minimize” means that the project is configured so that most or all of it is contained in the uplands on the site, and that the wetlands are avoided to the greatest extent possible.
This page is for informational purposes only. Please see N.J.A.C. 7:7A-5.10B for the precise rules concerning this General Permit.
When calculating your impacts to transition areas under a GP10B, it is important to remember that each general permit authorization automatically includes a limited transition area waiver to allow access to the authorized activity, per (N.J.A.C. 7:7A-6.1(a)6) [link to rule].
For example, in the case of a new roadway crossing through a wetland, the GP10B grants automatic access through the transition area on either side of the wetland. So, if the transition area width is 50 feet, you would be allowed 50 feet of transition area impacts on either side of the wetland for the construction of the road. These impacts are automatically granted, and therefore you do not need to quantify these impacts as part of your total impacts to regulated areas. If the transition area width is 150 feet, you would automatically be granted 150 feet of transition area access on either side of the wetland.
All freshwater wetland general permits must comply with all applicable requirements at N.J.A.C. 7:7A-4.3, Conditions that apply to all general permits, and N.J.A.C. 7:7A-13.2, Establishing permit conditions.
Getting a GP10b: If you believe that your project will require a GP10b, and you do not know how to apply for one, we suggest that you visit "The Permit Process" section of this website for more information. It will give you a general overview on the ins and outs of permitting, and will direct you to the forms necessary to apply. Please be advised that any application submitted must follow the procedures and information required. If you intend on applying for multiple freshwater wetland general permits, be advised that there are strict limits on what can and cannot be applied for, with a 1 acre cap on wetland disturbance for any one project site.
Note: The Department has, for your convenience, developed an Application Checklist for General Permits. Please follow carefully the requirements as outlined on this checklist to insure that you have all of the required information necessary to complete and process your application.
A direct link to the rules cited in our standard approval letter under "Permit Conditions" for this General Permit can be found below.
7:7A-5.10b General permit 10b - Minor Road Crossings
7:7A-4.3 Conditions that apply to all general permit authorizations
7:7A-13.1 Standard conditions that apply to all permits
7:7A - Index to the entire rule.
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, How To Get a Paper Copy of Department Rules
Frequently Asked Questions
If you do not see an answer to your question below, please use the Land Use Contact form on this website. We will make every attempt to answer your question as promptly as possible.
Q: When do I need to obtain a Freshwater Wetland General Permit 10B?
A. When the proposed activity will disturb freshwater wetlands, freshwater wetland transition areas and/or State open water for a road crossing, road widening or reduction of road curves and is not considered a very minor road crossing.
Q. Is mitigation required?
A. Yes, if the disturbance is greater than .01 of an acre of freshwater wetlands, transition area and/or State open water.
Q. Do I need a GP10B for a driveway?
A. Yes if your driveway needs to cross freshwater wetlands, transition area and/or State open water and is disturbing greater than 1/8 of and acre but less than ¼ of an acre of regulated area.