N.J. Admin. Code § 7:13-6.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:13-6.7 - Conditions applicable to a permit-by-rule or to an authorization pursuant to a general permit-by-certification or a general permit

(a) A person conducting regulated activities pursuant to a permit-by-rule, or pursuant to an authorization under a general permit-by-certification or general permit shall comply with:

1. The specific conditions set forth in the permit-by-rule, general permit-by-certification, or general permit itself, including the conditions incorporated by reference into each of those permits set forth at (b) below; and

2. The conditions that apply to all permits at N.J.A.C. 7:13-22.2.

(b) The following conditions are incorporated by reference in each permit-by-rule, general permit-by-certification, or general permit:

1. Any new, reconstructed, enlarged, or elevated structure within a flood hazard area:

i. Shall be secured to resist flotation, collapse, and displacement due to hydrostatic and hydrodynamic forces from floodwaters; and

ii. Shall comply with the applicable design and construction standards of the following:

(1) The Uniform Construction Code, N.J.A.C. 5:23; and

(2) The Federal flood reduction standards, 44 CFR Part 60 ;

2. The regulated activity shall not adversely affect low-flow aquatic passage in any regulated water;

3. The regulated activity shall not expose unset or raw cement to flowing water within any channel or regulated water during construction;

4. The regulated activity shall not destroy, jeopardize, or adversely modify a present or documented habitat for threatened or endangered species, and shall not jeopardize the continued existence of any local population of a threatened or endangered species;

5. Except for normal property maintenance conducted in accordance with permit-by-rule 1 at 7:13-7.1 and forest management activities under permit-by-rule 26 at N.J.A.C. 7:13-7.26, all riparian zone vegetation that is cleared, cut, and/or removed to conduct a regulated activity, access an area where regulated activities will be conducted, or otherwise accommodate a regulated activity shall be replanted immediately after completion of the regulated activity, unless prevented by seasonal weather, in which case the vegetation shall be replanted as soon as conditions permit. Portions of the riparian zone occupied by an authorized structure need not be replanted.

i. Except as provided in (b)5ii below, the vegetation replanted shall:

(1) Consist of vegetation of equal or greater ecological function and value as the vegetation that was cleared, cut, or removed. For example, herbaceous vegetation may be replaced with the same type of vegetation or with trees, but the trees in forested areas must be replaced with trees of equal or greater density and ecological function and value; and

(2) Consist of native, non-invasive vegetation, except in an actively disturbed area. In an actively disturbed area, the vegetation may be replaced with the same type of vegetation that was cleared, cut, or removed, or with another kind of vegetation typical of an actively disturbed area. For example, lawn grass may be replaced with garden plants or agricultural crops.

ii. In cases where replanting in accordance with (b)5i above would interfere with continued access to or maintenance of a structure that is required by Federal, State, or local law, the vegetation replanted shall meet the requirements of (b)5i above to the extent feasible.

(c) Except for normal property maintenance under permit-by-rule 1 at N.J.A.C. 7:13-7.1 and forest management activities under permit-by-rule 26 at N.J.A.C. 7:13-7.26, regulated activities authorized under a permit-by-rule, a general permit-by-certification, or a general permit, in combination with all proposed activities, shall not constitute a major development, as defined in the Stormwater Management rules at N.J.A.C. 7:8-1.2.

(d) The person undertaking a regulated activity under a permit-by-rule, or seeking authorization under a general permit-by-certification, is responsible for ensuring that each condition of the permit-by-rule or general permit-by-certification applicable under (a) above is met. The Department will not entertain a request to review engineering calculations, in the context of an applicability determination or otherwise, for the purpose of determining that a proposed activity will meet any condition of a permit-by-rule or general permit-by-certification.

(e) In addition to the conditions that apply to every authorization pursuant to a general permit under (a) above, the Department shall establish conditions in a specific authorization pursuant to a general permit, on a case-by-case basis, as required to ensure the authorized regulated activity meets all applicable requirements of this chapter and its enabling statutes.

N.J. Admin. Code § 7:13-6.7

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

Amended by 49 N.J.R. 2246(a), effective 7/17/2017

Amended by 53 N.J.R. 514(b), effective 4/5/2021

Amended by 55 N.J.R. 1385(b), effective 7/17/2023