Â§Â§9601 et seq. August 26, 2019, Services 7:13; the Department's Storm Water Management Regulations, N.J.A.C. "Abandoned" means, with respect to an agricultural field, including a blueberry field or a cranberry bog, that the field was used for agriculture, but has not been used to produce a crop or product for five years or more. Software designed for use with Geographic Information Systems (GIS) will be required to view the downloaded data. For the purpose of a transition area exemption under N.J.A.C. Therefore, only the development on the land in township A is exempt. 7:4-7 at the time of application for a State freshwater wetlands permit, the applicant shall consult directly with the Department's Historic Preservation Office to initiate the project authorization process at the same time as the permit application is processed. "State Forester" means the chief forester employed by the Department. (h) If USEPA holds a public hearing, the Department shall have 30 days after USEPA gives the Department notice of its decision under (g) above to take either of the actions at Clear color photographs of all buildings, structures, ruins of buildings and structures, and burial grounds on the site; A key map of the site locating all photographs provided in 1. above; and. Placement of fill that is necessary for the construction of any structure; The building of any structure or impoundment requiring rock, sand, dirt, or other materials for its construction; Site-development fill for recreational, industrial, commercial, residential, and other uses; Property protection or reclamation devices, or both, such as riprap, groins, seawalls, breakwaters, and revetments; Fill for structures such as sewage treatment facilities, intake and outfall pipes associated with power plants and underground utility lines; There is recorded evidence of past use by a threatened or endangered species of flora or fauna for breeding, resting, or feeding. Permit-by-rule (PBR) 2 - development of a single-family home or duplex and/or accessory development on a bulkheaded lagoon lot The PBR 2 authorizes the development (including expansion or reconstruction and expansion) of a single-family home or duplex and/or accessory development (such as garages, sheds, pools driveways, grading, excavation and clearing … 7:4-7, for the project that is the subject of the freshwater wetlands permit application shall comply with either (o)1 or 2 below. "Discharge of dredged material" means any addition of dredged material into State open waters or freshwater wetlands. 2D grants permission to fill a manmade regulated water located on land that is actively farmed in connection with a Freshwater Wetlands restoration project. NJDEP Land Use Regulation Program The Land Use Regulation Program (LURP) plays an important role in the state's environmental protection strategy for managing the land. 40:55D-46, 48 and 49 prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant. 2:90; and effluent limitations or prohibitions under Section 307(a) of the Federal Act and the Department's Surface Water Quality Standards, N.J.A.C. However, the Department shall determine, on a case-by-case basis, if a particular watercourse or water body listed below is a State open water: "Stormwater management facility" means a facility which receives, stores, conveys or discharges stormwater runoff and is designed in accordance with applicable local, county and State regulations. "Permit" means an approval to engage in a regulated activity in a freshwater wetland, State open water, or transition area, issued by the Department under this chapter. The NJDEP Online system can be accessed via the myNewJersey Portal at https://www.nj.gov or accessed directly from this page by selecting 'Log in to NJDEP Online'. (i) Â The Department shall take one of the following actions within the applicable deadline in (g) or (h) above: (j) Â No Federal 404 permit shall be issued by the Department in the following circumstances, although the Department may issue a State freshwater wetlands permit that does not constitute a Federal 404 permit: (k) The Department shall submit an application to the U.S. This term includes all waters which are subject to the ebb and flow of the tide, shoreward to their mean high water mark, including wetlands that are partially or entirely located within 1000 feet of their ordinary high water mark or mean high tide. See Section 11.0, Division of Land Use Regulation Review below to determine which portions of a site must be counted and compared to these thresholds for Division of Land Use Regulation (DLUR) permits (which includes CAFRA, Waterfront Development, Flood Hazard and Freshwater Wetlands permits). 7:9B-1.15(c) through (g) as FW2 trout production waters and their tributaries; Surface waters classified in this subchapter as FW2 trout maintenance or FW2 nontrout that are upstream of waters classified in this subchapter as FW2 trout production; Shellfish waters of exceptional resource value; or. "Water Pollution Control Act" means the New Jersey Water Pollution Control Act, N.J.S.A. 4:24-1 et seq. That is, applicants who obtain a wetlands permit from the State of New Jersey satisfy the Federal wetland permit requirements in most cases (NOTE: there are some parts of the State that remain under joint jurisdiction of the State and Federal government). The term includes, but is not limited to, the following activities: "Ditch" means a linear topographic depression with bed and banks of human construction, which conveys water to or from a site, which is surrounded by uplands and which is not located within a wetland. "Practicable alternative" means other choices available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and may require an area not owned by the applicant which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity. However, where the focus of the subdivision application and approval is on less than the entire tract of land, which lesser portion is divided into five single family house lots, and the remainder of the tract is left as a bulk parcel for further subdivision or other planning board approval, only development on the five lots is exempt. "USGS" means the United States Geological Survey. 40:56A-1 et seq. These waters may include, but are not limited to: "Commissioner" means the Commissioner of the Department of Environmental Protection. There will be two sessions covering the same material: Invitation (pdf) Presentation (pdf) Video Session 1 (YouTube) ... NJDEP EJ Rule Making Meeting- Environmental Justice, Environmental, and Community Organizations - Statement, Division: home | news/notices | laws/rules | forms/checklists | maps/guidance | contact (f) Â Within 90 days after receiving an objection or requirement for a permit condition by the USEPA, the Department or any interested person may request that the USEPA hold a public hearing on the objection or requirement. Other waters and their tributaries that flow through, or border, Federal, State, county, or municipal parks, forests, fish and wildlife lands, and other special holdings. Where site plan approval is required prior to construction, "project" means the proposed economic development, whether commercial, industrial or residential, intended to be constructed on that portion of a tract of land that is the focus of the qualifying approval. 7:9B-1.15 defines FW1 waters as those fresh waters wholly within Federal or State lands or special holdings, that are preserved for posterity, and are not subject to wastewater discharges of human origin. 7:7A-5.6 General permit 6 - Non-tributary wetlands. Â§Â§2601 et seq. 7:13-8.2 FHA General permit 2. About the Division: Managing New Jersey’s land is a critical function of the Department of Environmental Protection’s overall environmental protection strategy. You will be required to have a myNewJersey Portal account in order to access NJDEP's online services. The following shall constitute evidence of breeding by such a species: One or more obligate species listed in Appendix 1, or evidence of such a species, is found in or immediately adjacent to the area of ponded water; or. Notice of every significant action taken by the Department related to the consideration of the permit application or other item; and. These facilities may include retention basins, detention basins, infiltration structures, grassed swales, rip-rap channels and/or stormwater outfalls. Statement | Accessibility "Freshwater wetlands permit" means a permit to engage in a regulated activity in a freshwater wetland issued pursuant to the Freshwater Wetlands Protection Act and this chapter. 7:7A-1.4: (m) In order to demonstrate due diligence in identifying historic sites that may be affected by a wetlands permit application, as well as provide the Department with information regarding sites with historic or potentially historic resources, the applicant shall submit with each permit application: (n) Applicants who are or will be pursuing Federal financial assistance, permits, licenses, or other approvals for the project that is the subject of the freshwater wetlands permit application, shall supply a copy of the consultation comments provided by the Department's Historic Preservation Office (HPO) in its role as staff to the Federally designated State Historic Preservation Officer (SHPO) under Section 106 of the National Historic Preservation Act (16 U.S.C. "Silviculture" means the art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands to meet the diverse needs and values of landowners and society on a sustainable basis. "Mitigation" means activities carried out pursuant to N.J.A.C. However, the Department may issue a freshwater wetlands permit. A to Z | departments | search, Copyright © State of New Jersey, 1996-2018 "Soil Conservation District" means a local subdivision of the New Jersey Department of Agriculture (NJDA), established pursuant to N.J.S.A. "Government agency" means any department, division, authority, board, commission, office, bureau, agency, committee or other instrumentality of the United States, or of the State or any political subdivision thereof. Â§Â§6901 et seq. The “major development” definition now includes “creation of one-quarter acre or more of ‘regulated motor vehicle surface’.” Contact 7:14A. 7:9B. (o) Public entities that are or will be pursuing a project authorization application, pursuant to N.J.A.C. The HUC 11 data is entitled "subwatersheds." (b) The Department shall transmit the following items to USEPA for review: (c) For an item that requires USEPA review under (b) above, the Department shall promptly transmit to the Regional Administrator: (d) If USEPA intends to comment upon, object to, or make recommendations with respect to an item, or with respect to the Department's failure to accept the recommendations of an affected state pursuant to N.J.A.C. Department: njdep Log in to NJDEP Online. The connection may be through a secondary flow channel or other feature. "Fill" also means the material deposited. Surface use except for purposes permitting the land or water area to remain predominantly in its natural condition; ... including any amendments and supplements, and implementing regulations. The Soil Conservation Districts are overseen by the New Jersey State Soil Conservation Committee in the NJDA, which promulgates the Standards for Soil Erosion and Sediment Control in New Jersey, N.J.A.C. Fish and Wildlife Service; A discharge of dredged or fill material which has the potential for adverse impacts on the waters of a state other than New Jersey; A discharge known or suspected to contain: Toxic pollutants as identified by Section 307(a)(1) of the Federal act; Hazardous substances identified pursuant to Section 311 of the Federal act and Section 101(14) of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. 7:7A-15.1. Activities which bring an area into farming, silviculture, or ranching use are not part of an established operation. "Open water fill permit" means the type of New Jersey Pollution Discharge Elimination System permit issued pursuant to this chapter and N.J.S.A. New Jersey Department of Environmental Protection Division of Land Use Regulation October 16, 2014. Information regarding the location of acid producing soils in New Jersey can be obtained from local Soil Conservation District offices. "Environmental commission" means a municipal advisory body created pursuant to N.J.S.A. 7:7A, Appendix 1, incorporated herein by reference. The connection may not be through groundwater alone. 7:7A-1.3. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region. 7:7A-1.3. Statement, Division: home | news/notices | laws/rules | forms/checklists | maps/guidance | contact 7:9B. "Established, ongoing farming, ranching or silviculture operation" means activities on areas subject to a farming, ranching, or silviculture use as of June 30, 1988, which use has been pursued continuously since June 30, 1988. 7:9B-1.15(c) through (h), for purposes of implementing the antidegradation policies set forth at N.J.A.C. "General permit" means a permit, adopted as a rule, under which the Department issues authorizations. The following are examples of how the Department will determine the "project" exempted on the basis of the application for or grant of preliminary subdivision approval: Where a project was to be developed in three sections but a complete application for preliminary approval was submitted, accepted and subsequently approved for only one section, only the development planned for that section is exempt and the development envisioned for sections two and three is not exempt. In cases where the above information is unclear, the Department may consider money spent or obligated on engineering and design in the preparation of the subdivision application to determine if a substantial investment has been made in an economic development. "Seeding" means the sowing of seed and placement of seedlings to produce farm, ranch, or forest crops and includes the placement of soil beds for seeds or seedlings on established farm and forest lands. 7:13-8.2 “General Permit Conditions”. 7:7A-1.4; Any permit application, or category of permit applications, that the Department determines is appropriate for USEPA review; Any permit application that USEPA requests to review; Any additions or changes made to an application listed at (b)2 through 4 above after the application has been submitted to USEPA, as a result of a contested case proceeding in the Office of Administrative Law; and. A to Z, How To Get a Paper Copy of Department of Environmental Protection Rules, Contact This permit supports the creation of Freshwater Wetlands on actively farmed fields to enhance the hydrology and fertility of the agricultural land. "Preliminary approval" means the conferral of certain rights pursuant to N.J.S.A. "1989 Federal Manual" means the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, published in 1989 by the EPA, U.S. Army Corps of Engineers, U.S. Development on other lands, such as development on the remainder of a larger tract or on a contiguous property in common ownership, are not included within a "project." Other acts or uses detrimental to the retention of land or water areas according to the purposes of this chapter. 7:7A-2.2 or at N.J.A.C. Most intermittent streams are shown on Soil Conservation Service county soil surveys. "Public hearing" means an administrative non-adversarial type hearing before a representative or representatives of the Department providing the opportunity for public comment, but does not include cross-examination. Â§1341 of the Federal Act and N.J.S.A. Notice, Legal Representatives from the NJDEP - Division of Land Use Regulation (DLUR) and the Division of Coastal and Land Use Compliance and Enforcement will teach all aspects of the seminar and will be available throughout the program to answer related questions. This verbal approval will be followed within five working days by a written confirmation of the emergency authorization from the Department. "Dredged material" means material that is excavated or dredged from waters of the United States. About Land-Use Ecologist working in environmental regulation, permitting, and impact evaluation. The following are major discharges: "Maximum extent practicable" means to the maximum extent after weighing, evaluating and interpreting alternatives to protect the ecological integrity of a wetland or State open water. Is free of reproducing fish populations throughout the year, or dries up at some time during a normal rainfall year. The new rule amendments, which take full effect March 2, 2021, require the use of green infrastructure. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; All interstate waters including interstate wetlands; All other waters such as intrastate lakes, rivers, streams (including intermittent streams), wetlands, mudflats, sand flats, sloughs, wet meadows, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: Which are or could be used by interstate or foreign travelers for recreational or other purposes; From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; Which are used or could be used for industrial purposes by industries in interstate commerce; Which are or would be used as habitat by birds protected by Migratory Bird Treaties; Which are or would be used as habitat by other migratory birds which cross state lines; Which are or would be used as habitat for endangered and threatened species; or. If the Department has been so notified, the permit or other item shall not be issued until after the receipt of such comments or within 90 days of the USEPA's receipt of the application or other item, or the Department response, whichever comes first. "Utility line" means a pipe, cable, line, conduit, or wire for the transport or transmission of gases, liquids, electrical energy or communications. 7:7A-2.3, or State open water, as defined at N.J.A.C. Discharges of pollutants into State open waters resulting from the subsequent onshore processing of dredged material are not included within this term. "Farmed wetland" means a freshwater wetland, as defined in this section, which was both manipulated and cropped before December 23, 1985, and has been in active agricultural use continuously since then. The entire length of the Delaware River within the State of New Jersey; Waters of the United States under the jurisdiction of the Hackensack Meadowlands Development Commission; and. "Excavation" means to dig or remove soil, rocks, etc., resulting in a change in site elevation. Re: Applications for requested program approvals from NJDEP, submitted on June 10, 2019 to Christopher Jones of NJDEP’s Land Use Regulation Waterfront Development Individual Permit with Section 401 Water Quality Certification and Coastal Zone Management Act Consistency Determination Flood Hazard Area Individual Permit and Verifiation by topic | programs/units | dep Statement, Accessibility "ACOE" or "Corps" means the United States Army Corps of Engineers. When the Regional Administrator has objected to issuance of the permit and the objection has not been resolved; When the proposed discharges would be in an area which has been prohibited, withdrawn, or denied as a disposal site by the USEPA under Section 404(c) of the Federal Act, or when the discharge would fail to comply with a restriction imposed thereunder; or. 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