N.J. Admin. Code § 7:38-11.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-11.3 - Completeness review for HRADs, Highlands general permits and HPAAs

(a) Within 20 working days after receiving an application, the Department shall review the application as follows:

1. If all items required by the application checklist and/or application form are provided, the Department shall declare the application administratively complete. However, if an item submitted to the Department is clearly deficient, the item shall be considered missing from the application and the Department shall declare the application administratively incomplete; and

2. If each application item is adequate to allow the Department to determine if the proposed project complies with this chapter, the Department shall declare the application technically complete.

(b) If the application is not administratively complete, the Department shall return the application to the applicant with a list of the missing or deficient items. The applicant may resubmit the application at any time. If the application is resubmitted within one year of the date of original submission, the original application fee will be credited toward the resubmitted application. If the application is not resubmitted, the applicant may obtain a fee refund upon request.

(c) If the application is administratively complete, the Department shall:

1. Notify the applicant that the application is administratively complete;

2. Transmit a copy of the application to other agencies if required under this chapter. For example, an application involving a Highlands open water that is also a freshwater wetland or State open water may need to be transmitted to EPA for comment under 7:7A-12.2, or an application involving a Federally-listed threatened or endangered species may be transmitted to the U.S. Fish and Wildlife Service for comment;

3. Publish notice of the application in the DEP Bulletin; and

4. If the application is not technically complete under (a)2 above, request any additional information necessary for technical completeness.

(d) If the Department requests additional information under (c)4 above, the applicant shall provide copies of the additional information to the persons who received a copy of the initial application under N.J.A.C. 9.2(b)5 (public notice requirements for Highlands Applicability Determinations), 9.4(b)2, (public notice requirements for HRADs) or 9.5(a)3 (public notice requirements for HPAAs), and to the reviewing agencies who received a copy under (c)2 above.

(e) If an application is returned for incompleteness under (b) above, the applicant may submit a new application without repeating the public notice requirements of 7:38-9.2(b)5, 9.4(b)2, or 9.5(a) if the new application:

1. Is submitted within 60 days after the date the Department returned the original submittal; and

2. Is sufficiently similar to the original submittal that the original public notice would provide reasonable notice of the characteristics of the new submittal to potential interested parties.

(f) If a person submits an application and does not receive a response from the Department within the deadlines imposed in this subchapter, the person shall not be entitled to assume that the application is approved.

N.J. Admin. Code § 7:38-11.3

Recodified from N.J.A.C. 7:38-11.2 and amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
Section was "Completeness review for Highlands Applicability Determinations, HRADs and HPAAs". In (c)2, inserted ", or an application involving a Federally-listed threatened or endangered species may be transmitted to the U.S. Fish and Wildlife Service for comment".
Former N.J.A.C. 7:38-11.3, Public comment on an application, recodified to N.J.A.C. 7:38-11.4.