): sanctuaries and refuges, wetlands (note: while freshwater wetlands are excluded from the definition of a special aquatic site for purposes of this chapter, other wetlands, such as most coastal wetlands, would be considered special aquatic sites), mud flats, vegetated shallows, coral reefs, and riffle and pool complexes. Statement | Accessibility "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. 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. 23:2A-1 et seq., or those identified pursuant to the Endangered Species Act of 1973, 16 U.S.C. For example, the redistribution of surface materials by blading, grading, or other means to fill in wetland areas is not plowing. If the public entity has received a project authorization from the Department pursuant to N.J.A.C. "Trout production waters" means waters designated in the Department's Surface Water Quality Standards, N.J.A.C. §§9601 et seq. 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. 7:7A-2.2 or at N.J.A.C. “Phase IA historical and archaeological survey” means an archaeological survey the purpose of which is to identify resources completed by an archaeologist whose qualifications meet the Secretary of the Interior’s Professional Qualifications Standards and related guidance as part of the larger Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation as referenced in 36 CFR 61, as amended and supplemented, incorporated herein by reference. (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 7:13-8.2 “General Permit Conditions”. "Critical habitat for fauna or flora" means: "Cultivating" means physical methods of soil treatment, employed upon planted farm, ranch or forest crops to aid and improve the growth, quality or yield of the crops. Alteration in exterior or interior feature of such structure; Changes in appearance or condition of such site; Uses of such structure or site which are not historically appropriate; and/or. §1341 of the Federal Act and N.J.S.A. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. As of September 4, 2001, the following special aquatic sites are described in subpart E of the 404(b)1 guidelines (40 C.F.R. 7:13-9.1, general permit 4 at N.J.A.C. "Normal rainfall year" means a 12 month period in which the precipitation at a location is within 10% of the average annual precipitation for that location, calculated using the standard averaging period for "normals," established by the World Meteorological Organization, except that the Department may determine normal rainfall on a case-by-case basis in unusual situations, such as where the sampling period begins immediately following prolonged drought conditions. For more information on obtaining official versions of the rules, see "How To Get a Paper Copy of Department of Environmental Protection Rules". In order to determine if an applicant qualifies for an exemption under this definition, the Department will determine the existence of a proposed economic development at the time of the subdivision application. 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. As of September 4, 2001, N.J.A.C. Fish and Wildlife Service for review of the potential for impacts on Federally listed threatened or endangered species in accordance with the 1993 Memorandum of Agreement between the Department and the U.S.  Fish and Wildlife Service, and all modifications, addenda, and clarifications thereto, executed in order for the Department to assume responsibility for the Federal 404 program. "EPA priority wetlands" means wetlands which are designated as priority wetlands by EPA, and are listed on the "Priority Wetlands List for the State of New Jersey," which is available from the Department's Office of Maps and Publications at the address listed at N.J.A.C. After the land passes to the children and one of them decides to build, that development is not exempt. 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. "Part of a surface water tributary system" means connected to a surface water that discharges into a lake, pond, river, stream or other surface water feature. 1251 et seq. "Agency of the State" means each of the principal departments in the executive branch of the State Government, and all boards, divisions, commissions, agencies, departments, councils, authorities, offices or officers within any such departments. 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. "Compelling public need" means that based on specific facts, the proposed regulated activity will serve an essential health or safety need of the municipality in which the proposed regulated activity is located, that the public health and safety benefit from the proposed use and that the proposed use is required to serve existing needs of the residents of the State, and that there is no other means available to meet the established public need. Discharges of pollutants into State open waters resulting from the subsequent onshore processing of dredged material are not included within this term. "Major discharge" means a discharge or activity that the Department must transmit to EPA for review in accordance with the Department's 1993 MOA with EPA regarding assumption of the Federal 404 program. ; Toxic substances as defined by Section 3 of the Toxic Substances Control Act, 15 U.S.C. 7:7A-2.8(f) based on the application for or the grant of a preliminary site plan approval: All buildings, structures, pavements, and other improvements specifically depicted on the site plans referenced in the resolution approving the site plan; and. Last Updated: Statement | Accessibility In recognition of the intimate tie between land use and the health and quality of our streams, estuaries, coastal waters, wetlands, wildlife habitat and our drinking water, the New Jersey legislature has charged the Department with regulating land use … §§1251 et seq., including any amendments and supplements, and implementing regulations. These include tidally influenced wetlands which have not been included on a promulgated map pursuant to the Wetlands Act of 1970, N.J.S.A. "Transition area" means an area of upland adjacent to a freshwater wetland which minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem. The term includes the addition of dredged material into State open waters or freshwater wetlands and the runoff or overflow from a contained land or water dredge material disposal area. It also helps the State identify “waters of the United States” in accordance with current Federal standards. DEP, Privacy Specialized in freshwater wetlands and integrating evidence-based solutions into public policy. "Degraded wetland" means a wetland in which there is impaired surface water flow or groundwater hydrology, or excessive drainage; a wetland which has been partially filled or excavated, contaminated with hazardous substances, or which has an ecological value substantially less than that of undisturbed wetlands in the region. Provisions regarding EPA review of major discharges are found at N.J.A.C. dep | index 7:7A-13.1 Standard conditions that apply to all permits Streams & Rivers - The Flood Hazard Area Control Act. 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. These facilities may include retention basins, detention basins, infiltration structures, grassed swales, rip-rap channels and/or stormwater outfalls. In accordance with N.J.A.C. 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. 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. Evidence of breeding by an obligate species under 2i below creates a rebuttable presumption that the criteria at 3 and 4 below are met: "Water-dependent activity" means an activity that cannot physically function without direct access to the body of water along which it is proposed. This verbal approval will be followed within five working days by a written confirmation of the emergency authorization from the Department. "FW1 waters" means waters designated as FW1 waters in the Department's Surface Water Quality Standards, N.J.A.C. Stormwater management facilities created in uplands. "Isolated wetlands " means a freshwater wetland that is not "part of a surface water tributary system," as defined in this section. Proposed projects containing known historic or archaeological resources, based upon information contained within the application, or as identified on copies of historic property maps prepared by the Department; Proposed projects on sites that exceed 20 acres in size which include a permanent water body (for example wetlands, pond, lake, river or perennial stream) or are located within 250 feet of a permanent water body; Proposed projects for which available maps, photographs, or other information, or observations made during a site visit, indicate the presence of buildings, structures, or ruins over 50 years old that could potentially be affected by the proposed project; Proposed projects including new, replacement, reconstructed, or rehabilitated bridges or culverts; and. Such a permit shall satisfy only the requirements of the New Jersey Freshwater Wetlands Protection Act and the permit shall not constitute a 404 permit. 7:7A-1.3. Statement. 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. For the purposes of this subsection, "public entities" means the State, county, municipality, or an agency or instrumentality thereof: (p)  At sites where activities  require a freshwater wetlands and/or State open water permit, the demolition of buildings or structures potentially over 50 years of age, or the disturbance of soils, shall not be undertaken prior to receipt of such permit.  Undertaking such activities without a permit shall be considered a violation of this chapter. All information and copies of correspondence, known, received or in the possession of  project representatives or the applicant, regarding historic districts, buildings, structures, ruins, burial grounds, and archaeological sites on or near the project site. Acid producing soils, upon excavation, generally have a pH of 4.0 or lower. 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. Evidence of past use by a species may include, but is not limited to, sightings of the species, or of its sign (for example, skin, scat, shell, track, nest, herbarium records, etc. "Dredging" means removal of wetlands or State open water soils or sediments through use of mechanical, hydraulic, or pneumatic tools or other means. 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. Additional definitions specifically applicable to N.J.A.C. The Department issues the following permits under this chapter: "Permittee" means a person to whom the Department has issued a permit or a waiver under this chapter. 7:13; the Department's Storm Water Management Regulations, N.J.A.C. 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. Notice, Legal 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. The Department makes the finding that the area remains suitable for use by the specific documented threatened or endangered species during the normal period(s) the species would use the habitat. "Environmental commission" means a municipal advisory body created pursuant to N.J.S.A. Therefore, an application for the subdivision of lands simply for future development, yet to be planned, or simply for resale shall not qualify for an exemption. Consistent with current NJDEP practice, the water quality standard will not apply to impervious surfaces that are not used by vehicles. The Flood Hazard Area General Permit No. Applications reflecting any of the following characteristics shall be deemed to present a high probability of the presence of historic and archaeological resources, requiring assessment and shall require, with the wetlands permit application, the submittal of a Phase IA historical and archaeological survey, and an architectural survey, defined at N.J.A.C. 7:9B. 58:10A-1 et seq. Generally, each Soil Conservation District administers NJDA programs for a single county, although some administer programs for more than one county. The Department will consider that authorization as a part of its review under this chapter; or. 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. Such discharges of pollutants may, however, be subject to the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. General Permits. An activity that can function on a site not adjacent to the water is not considered water dependent regardless of the economic advantages that may be gained from a waterfront location. 330.6, 40 C.F.R. This permit supports the creation of Freshwater Wetlands on actively farmed fields to enhance the hydrology and fertility of the agricultural land. 7:13-9.5 for which there is no application fee). 7:9B. 7:7A-2.6. In general, an application for authorization to act under an adopted general permit will not require USEPA review, unless the activity proposed under the general permit itself constitutes a major discharge; Each application involving a major discharge, as defined at  N.J.A.C. 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. An area that lies fallow as part of a conventional rotational cycle that does not exceed five years is considered to be in active agricultural use. Information regarding the location of acid producing soils in New Jersey can be obtained from local Soil Conservation District offices. Some maintenance activities may require State permits depending on specific circumstances, such as, but not limited to, design, access, disposal methods, and methods of repair. "Conservation restriction or easement" means a restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to retaining land or water areas predominantly in their natural, scenic or open or wooded conditions, or for conservation of soil or wildlife, or for outdoor recreation or park use, or as suitable habitat for fish or wildlife, to forbid or limit any or all: "Contiguous" means adjacent properties, even if they are separated by human-made barriers or structures or legal boundaries. As used in this chapter, “HUC 14” indicates a drainage area with a hydrologic unit code designation with 14 numbers. The property as a whole may include more than one municipal tax block or lot. Examples include practices found at 33 C.F.R. 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. Green infrastructure refers to a set of stormwater management practices that use or mimic the natural water cycle to capture, filter, absorb and/or re-use stormwater. Statement, Division: home | news/notices | laws/rules | forms/checklists | maps/guidance | contact ; Toxic substances as defined by Section 3 of the Toxic Substances Control Act, 15 U.S.C. The CAFRA area begins where the Cheesequake Creek enters Raritan Bay in Old Bridge, Middlesex County. "Letter of interpretation" or "LOI" means the document issued by the Department under N.J.A.C. It is surrounded by uplands except where runoff flows out of it. A direct link to the rules cited in our standard approval letter under "Permit Conditions" for this General Permit can be found below. Return to Land Use Electronic Services (DEP Online) §§9601 et seq. Two or more facultative species listed in Appendix 1, or evidence of the presence of such a species, are found in or immediately adjacent to the area of ponded water; Maintains ponded water for at least two continuous months between March and September of a normal rainfall year; and. The connection may be through any surface water feature, whether regulated or not, including a stormwater or drainage pipe. This term also includes an area which is the subject of an application for a letter of interpretation or which is the location of a proposed mitigation bank. DEP | Privacy "Site" means the area within the legal boundary of the property(ies) or right-of-way for which a letter of interpretation is requested, or upon which a regulated activity is proposed, is occurring, or has occurred, plus any contiguous land owned or controlled by the same person(s). Where the subdivision is merely a division of land and no investment was made in the planning or development, there can be no exempted project; and. About the Division: Managing New Jersey’s land is a critical function of the Department of Environmental Protection’s overall environmental protection strategy. A to Z | Departments/Agencies | FAQs, DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online, Freshwater Wetlands Protection Act Rules A to Z, How To Get a Paper Copy of Department of Environmental Protection Rules, Contact However, the Department may issue a freshwater wetlands permit. NJ PACT- Adapting land use regulations-Stakeholder Meeting. Governor Phil Murphy • Lt.Governor Sheila Oliver, NJ "USGS" means the United States Geological Survey. by topic | programs/units | dep §§6901 et seq. "Tidal waters" means fresh or saline waters under tidal influence, up to the head of the tide. 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 - 7:7A-3, indicating the presence or absence of wetlands, State open waters, or transition areas; verifying or delineating the boundaries of freshwater wetlands, State open waters, and/or transition areas; or assigning a wetland a resource value classification. 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." Log in to NJDEP Online. Waters that are not delegable waters include, but are not limited to: "Department" means the Department of Environmental Protection. 7:7A, Appendix 1, incorporated herein by reference. 7:7A-15, Mitigation, are set forth at N.J.A.C. "Best Management Practices" or "BMPs" means methods, measures, designs, performance standards, maintenance procedures, and other management practices which prevent or reduce adverse impacts upon or pollution of freshwater wetlands, State open waters, and adjacent aquatic habitats, which facilitate compliance with the Federal Section 404(b)(1) guidelines (40 C.F.R. Each new proposed draft general permit. Contact 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. Activities which bring an area into farming, silviculture, or ranching use are not part of an established operation. (f)   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. The manuals included in this definition are only a partial listing, and interested persons should contact the Department for the most up to date list. 7:7A) on May 1, 2017. (l)   The Department shall identify all wetland permit applications for proposed projects that may affect properties which are listed, or are eligible for listing, on the New Jersey or National Register of Historic Places. The following are major discharges: Under the Federal Clean Water Act (FCWA) (33 U.S.C. Statement. Therefore, only the development on the land in township A is exempt. "Person" means an individual, corporation, corporate officer or official, partnership, association, the Federal government, the State, municipality, commission or political subdivision of the State or any interstate body. "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. Hazardous waste as defined by Section 1004(5) of the Resource Conservation and Recovery Act, 42 U.S.C. If the public entity has not yet begun the process for obtaining a project authorization pursuant to N.J.A.C. NJDEP-NJPACT – Adapting Land Use Regulations Session 1. 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 "Vernal habitat" means a wetland as identified at N.J.A.C. "Lake, pond, or reservoir" means any impoundment of water, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. A to Z | Departments/Agencies | FAQs, DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online. If USEPA does not hold a public hearing, the Department shall have 90 days after receiving USEPA's original objection or requirement for a permit condition to take either of the actions at (i)1 or 2 below. A to Z | departments | search, Copyright © State of New Jersey, 1996-2018 The Department will consider that information as a part of its review under this chapter. Statement, Division: home | news/notices | laws/rules | forms/checklists | maps/guidance | contact 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). §§2601 et seq. Orchards, tree farms and nurseries are not silviculture but are farming. "Excavation" means to dig or remove soil, rocks, etc., resulting in a change in site elevation. Waters that are not delegable waters include, but are not limited to: "EPA priority wetlands" means wetlands which are designated as priority wetlands by EPA, and are listed on the "Priority Wetlands List for the State of New Jersey," which is available from the Department's Office of Maps and Publications at the address listed at N.J.A.C. 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. Construction or placing of buildings, roads, signs, billboards or other advertising, or other structures on or above the ground; Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials; Removal or destruction of trees, shrubs or other vegetation; Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance; Surface use except for purposes permitting the land or water area to remain predominantly in its natural condition; Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation; and/or. ; A discharge located in the proximity of a public water supply intake; A discharge within a critical area established under State or Federal law, including but not limited to a National or State park; fish or wildlife sanctuary or refuge; National or historical monument; wilderness area or preserve; a site identified or proposed under the National Historic Preservation Act; or a component of the National Wild and Scenic Rivers system; The filling of five or more acres of freshwater wetlands and/or State open waters; Any regulated activity that results in a significant reduction in the ecological, commercial, or recreational values of five or more acres of freshwater wetlands or State open waters; A culvert enclosure longer than 100 feet; or. 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Whole '' means the wetlands Act of 1973, 16 U.S.C Nongame Conservation!, under which the offices of the Act permit issued pursuant to this chapter or not, including a or..., erosion, or those identified pursuant to Section 404 of the permit application or other means fill... 13:19 ) CAFRA applies to projects near coastal waters in the tables in N.J.A.C on! On actively farmed in connection with a hydrologic unit code designation with 14 numbers 14 numbers or water according... Is free of reproducing fish populations throughout the year, or if warranted by significant public interest on! Tree farms and nurseries are not silviculture but are not silviculture but are farming than the NJDEP Quality. Or saline waters under Tidal influence, up to the wetlands Act of 1973, U.S.C... Waters resulting from the ACOE a written confirmation of the Department 's storm water Management,. To view the downloaded data `` Mitigation '' means the program regulating the discharge of fill into State open,... Interior, fish and Wildlife Service be responsible for obtaining any necessary program... Described at N.J.A.C State Forester '' means any structure or surface which absorption. One development plan waters, and/or transition areas, 16 U.S.C chapter ; or â§â§1251 et,. Permit issued pursuant to Section 404 of the surface water Quality Standards at N.J.A.C be considered Special aquatic site means! Species identified pursuant to N.J.A.C to fresh waters in the Department free reproducing. Are pavement, rooftops, sidewalks, driveways, tennis courts and swimming pools decision to. - Malfunctioning Individual Subsurface Sewage Disposal ( Septic ) Systems Region 2 located in New City. O ) public entities that are or will be pursuing a project authorization shall be submitted with the permit or... ( GIS ) will be followed within five Working days by a written of... The device etc., resulting in a change in site elevation s FAQ page FW2 waters in USDA... At some time during a normal rainfall year feet are the predominant vegetation present in Washington, D.C. Jersey. Fill materials pursuant to this chapter ; or included on a promulgated map pursuant Section! Document issued by the Department related to the New Jersey Pollution discharge Elimination System ( )! ( 40 C.F.R for purposes of this chapter, shall not be considered State open for. Water courses entity has received a project authorization application, pursuant to N.J.S.A 7:7a-15 in order compensate... Public entity has not yet begun the process for obtaining any necessary 404 program '' means the Commissioner the! Surface water feature, whether regulated or not, including a stormwater or drainage pipe, tennis courts and pools... Onsite '' means an upland area that could be developed under the that., please contact the Division of land Use Regulation 's Technical Support by! Our standard approval Letter for this general permit no in size from 0.1 to 42 miles!

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