Statutes, codes, and regulations
New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTIONChapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES
Subchapter 4 - HIGHLANDS RESOURCE AREA DETERMINATIONS
Section 7:38-4.3 - Effect, duration, and extension of an HRAD

N.J. Admin. Code § 7:38-4.3

Download
PDF
Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:38-4.3 - Effect, duration, and extension of an HRAD
(a) The person to whom an HRAD is issued is entitled to rely on the determinations contained therein for a period of five years from the date of issuance of the HRAD unless extended in accordance with (b) and (c) below. Until such time as an HPAA is obtained for a project on the site for which the HRAD was issued, an HRAD may be revoked if the Department determines that the HRAD or any portion of it was based on inaccurate or incomplete information. In this case, the Department shall issue the HRAD holder written notice revoking the HRAD, or any inaccurate portion, for specified reasons. An HRAD applicant may request that the Department, at the applicant's expense, inspect the site for which the HRAD was issued and issue a new HRAD reflecting the actual conditions on the site. The new HRAD shall supersede the earlier HRAD for that site and shall expire five years from the date it is issued.
(b) The term of an HRAD may be extended, provided that the information upon which the original determination was based remains valid, but the extension shall not exceed five years from the original expiration date.
(c) Requests for extensions shall be made in writing to the Department before the HRAD has expired and shall be subject to the application requirements at N.J.A.C. 7:38-9.7. Applicants will be required to apply for a new HRAD if an administratively complete application for an extension is not received by the Department prior to the expiration date of the HRAD.
(d) If an application for an HPAA is submitted, the Department reserves the right to re-examine any and all information upon which an HRAD was based and revise the HRAD to reflect conditions at the time of the HPAA application.

N.J. Admin. Code § 7:38-4.3

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (a), substituted "Until such time as an HPAA is obtained for a project on the site for which the HRAD was issued, an" for "An"; and deleted "as of the date the HRAD was issued" following "incomplete information".