N.J. Admin. Code § 7:13-7.29

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

Section 7:13-7.29 - Permit-by-rule 29-placement of one to three wind turbines

(a) Permit-by-rule 29 authorizes the placement of one to three wind turbines, provided the conditions at N.J.A.C. 7:13-6.7are met and:

1. Each wind turbine is less than 200 feet tall, measured from the ground surface to the tip of the blade at its highest position;

2. The rotor swept area of each wind turbine does not exceed a cumulative area of 2,000 square feet. Rotor swept area means the area of the circle delineated by the tips of the blades of the wind turbine for a horizontal axis wind turbine, and the area determined by multiplying the rotor radius times the rotor height times 3.14 for a vertical axis wind turbine;

3. No wind turbine tower or site disturbance is located in a floodway;

4. No portion of any wind turbine, including blades, tower, and site disturbance, is located within an area mapped as threatened or endangered species habitat on the Department's Landscape Maps of Habitat for Endangered, Threatened and Other Priority Wildlife (Landscape Maps) except as provided at (a)4i and ii below. Landscape Maps are available from the Department's Division of Fish and Wildlife, Endangered and Nongame Species Program at http://www.nj.gov/dep/fgw/ensp/landscape/index.htm:

i. The wind turbine is located within 120 feet of an existing building on an actively maintained lawn or area of land that has been manipulated by contouring of the soil and/or by intentional planting of flowers, grasses, shrubs, trees, or other ornamental vegetation, which is maintained in such a condition by regular and frequent (at least one time per year) cutting, mowing, pruning, planting, weeding, or mulching; or

ii. The wind turbine is located on a lawfully existing building or on lawfully existing impervious surface;

5. Where the wind turbine is more than 120 feet tall, measured from the ground surface to the tip of the blade at its highest position, the tower is a freestanding monopole;

6. No lighting is placed on or directed at the wind turbine except for lighting required by the Federal Aviation Administration. Shielded ground level security lighting may be used. Lighting is shielded when it is covered in a way that light rays are not emitted above the horizontal plane of the light;

7. Development under this permit-by-rule does not result in construction of more than three wind turbines on a site, either solely or in conjunction with a previous wind turbine development;

8. No disturbance is located within 25 feet of any top of bank, unless the project lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial water;

9. Any clearing, cutting, and/or removal of riparian zone vegetation is limited to actively disturbed areas; and

10. With the exception of guy wires on turbines 120 feet tall or less, all wires or cables that connect the wind turbine to an existing transmission line, are located underground.

N.J. Admin. Code § 7:13-7.29

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

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

Administrative Change, 51 N.J.R. 1193(a).