N.J. Admin. Code § 7:38-6.1

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

Section 7:38-6.1 - General provisions

(a) No person shall undertake any regulated activity without first obtaining a Highlands Preservation Area Approval from the Department pursuant to this subchapter.

(b) To be authorized under an HPAA, a person shall demonstrate that the proposed regulated activity will comply with the following requirements:

1.N.J.A.C. 7:38-3, and N.J.A.C. 7:38-6.2 and 6.3, except to the extent a waiver of any one or more requirements of this chapter is requested in accordance with N.J.A.C. 7:38-6.4;

2. The Safe Drinking Water Act rules, N.J.A.C. 7:10-1, in cases where proposed activity requires construction of a public community, public noncommunity, or nonpublic water system; and

3. In cases where a New Jersey Pollutant Discharge Elimination System (NJPDES) permit or treatment works approval (TWA) is required, the NJPDES and/or TWA rules, N.J.A.C. 7:14A, applied to Highlands open waters in accordance with the antidegradation provisions of the Surface Water Quality Standards at N.J.A.C. 7:9B and the Stormwater Management rules at N.J.A.C. 7:8 applicable to Category One waters.

(c) Each HPAA applies to the entire site upon which regulated activities occur. An applicant shall not segment a project or its impacts by applying for an HPAA for one portion of the project at one time and later applying for an HPAA for to undertake another portion of the same project. Similarly, an applicant shall not segment a project or its impacts by separately applying for an HPAA for different portions of the same project.

(d) The Department shall not issue an HPAA for any regulated activity in an area identified in the Regional Master Plan pursuant to N.J.S.A. 13:20-6n as a special area within which development shall not occur in order to protect water resources and environmentally sensitive lands.

(e) The Department shall not issue an HPAA unless the project complies with Stormwater Management rules, N.J.A.C. 7:8.

N.J. Admin. Code § 7:38-6.1

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), deleted ", including major Highlands development," following "regulated activity"; and in (b)3, updated the second N.J.A.C. reference.