N.J. Admin. Code § 7:13-6.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:13-6.6 - Duration of an authorization under a general permit

(a) Except as provided in (b) below, an authorization under a general permit is valid for five years from the date of issuance of the authorization.

(b) The five-year term of an authorization under a general permit may be extended one time for five years pursuant to N.J.A.C. 7:13-22.3.

(c) All regulated activities being conducted pursuant to an authorization under a general permit shall immediately cease if the authorization expires, including any extension thereof under N.J.A.C. 7:13-22.3.

(d) If an authorization under a general permit expires and the person intends to commence or continue the regulated activities, the person shall obtain a new authorization or permit under this chapter authorizing the regulated activities.

1. If no regulated activities have occurred prior to the expiration of the authorization, the Department shall issue a new authorization under the general permit only if the project is revised where necessary to comply with the requirements of this chapter in effect when the application for the new authorization is declared complete for review.

2. If any regulated activities have occurred prior to the expiration of the authorization, the Department shall issue a new authorization under the general permit only if the project is revised where feasible to comply with the requirements of this chapter in effect when the application for the new authorization is declared complete for review. In determining the feasibility of compliance with the requirements in effect at the time the application is declared complete for review, the Department shall consider the amount of construction that has been completed prior to the expiration of the original authorization, the amount of reasonable financial investment that has been made in the original design consistent with the requirements applicable under the original authorization, and whether continuing construction as approved under the original authorization would have an adverse impact on flooding or the environment.

N.J. Admin. Code § 7:13-6.6

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016