N.J. Admin. Code § 7:7-26.6
Current through Register Vol. 56, No. 9, May 6, 2024
Section 7:7-26.6 - Department decision on an application that is complete for review(a) Within 90 calendar days after an application for a general permit authorization or an application for a waterfront development or coastal wetlands individual permit is declared complete for review in accordance with 7:7-26.2, the Department shall: 1. Determine the application meets the requirements of this chapter and issue an authorization or permit approving the application in writing. The authorization or permit shall include any conditions necessary to ensure compliance with this chapter; or2. Determine the application does not meet the requirements of this chapter and deny the application in writing. The decision denying the application shall include the reasons for the denial.(b) Except as provided at (d) below, within 60 calendar days after an application for a CAFRA individual permit is declared complete for review after the close of the public comment period in accordance with 7:7-26.4, the Department shall: 1. Determine the application meets the requirements of this chapter and issue a permit approving the application in writing. The permit shall include any conditions necessary to ensure compliance with this chapter; or2. Determine the application does not meet the requirements of this chapter and deny the application in writing. The decision to deny the application shall include the reasons for the denial.(c) Except as provided at (d) below, within 60 calendar days after an application for a CAFRA individual permit is declared complete for review after the public hearing in accordance with 7:7-26.5, the Department shall: 1. Determine the application meets the requirements of this chapter and issue a permit approving the application in writing. The permit shall include any conditions necessary to ensure compliance with this chapter; or2. Determine the application does not meet the requirements of this chapter and deny the application in writing. The decision denying the application shall include the reasons for the denial.(d) Where additional information was required to be submitted after a public comment period or a public hearing on an application for a CAFRA individual permit, within 90 calendar days after the date the application is declared complete for review in accordance with 7:7-26.4 or N.J.A.C. 7:7-26.5, the Department shall:1. Determine the application meets the requirements of this chapter and issue a permit approving the application in writing. The permit shall include any conditions necessary to ensure compliance with this chapter; or2. Determine the application does not meet the requirements of this chapter and deny the application in writing. The decision denying the application shall include the reasons for the denial.(e) Any deadline set forth in (a) through (d) above may be extended for 30 calendar days by mutual agreement between the applicant and the Department. An applicant consenting to an extension shall do so in writing. A deadline shall not be extended by less than or greater than 30 calendar days.(f) If the Department does not make a decision to approve or deny an application for authorization under a general permit, or to approve or deny an application for a waterfront development, coastal wetlands, or CAFRA individual permit, by the applicable deadline set forth in this section, the application shall be deemed to have been approved as of that deadline. Regulated activities shall not commence unless and until all required tidelands instrument(s) to use and occupy State-owned tidelands are obtained. 1. An authorization or permit issued under this subsection shall include the standard conditions set forth in 7:7-27.2.2. An authorization or permit issued under this subsection shall not prevent the Department from taking enforcement action pursuant to N.J.A.C. 7:7-29 for any activity undertaken in violation of this chapter.(g) The Department shall provide notice of the decision on an application for authorization under a general permit or an application for a waterfront development, coastal wetlands, or CAFRA individual permit in the DEP Bulletin and to any person who specifically requested notice of the decision on a particular application.(h) The Department shall not waive the time frames for review and decision on an application established by the Construction Permits Law, 13:1D-29 et seq., and CAFRA.N.J. Admin. Code § 7:7-26.6
Adopted by 47 N.J.R. 1392(a), effective 7/6/2015