N.J. Admin. Code § 7:38-8.1

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

Section 7:38-8.1 - Procedure for determining when a pre-application meeting is required

(a) Activities described in applications for an HPAA may require the review of several regulatory programs within the Department. In accordance with N.J.S.A. 20-33a, the Department shall not issue an HPAA unless the Department determines that the proposed activity either complies with the requirements of these other regulatory programs or that the activity meets the requirements for a waiver pursuant to N.J.A.C. 7:36-6. The regulatory programs which are included in the HPAA permit review program are:

1. The Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq., as implemented by the Land Use Regulation Program;

2. The Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., as implemented by the Land Use Regulation Program;

3. The Water Supply Management Act, N.J.S.A. 58:1A-1 et seq., as implemented by the Water Allocation Program;

4. The Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., as implemented by the Water Quality Program;

5. The Realty Improvement Sewerage and Facilities Act (1954), N.J.S.A. 58:11-23 et seq., as implemented by the Water Quality Program;

6. The Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq., as implemented by the Watershed Management Program;

7. The Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., as implemented by the Water Allocation Program; and

8. The Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., as implemented by the Land Use Regulation Program.

(b) To the extent possible, the Department will strive to consolidate all of the reviews at (a) above so that projects obtaining HPAAs shall require no additional permits or approvals from the Department.

(c) An applicant for an HPAA must request a pre-application meeting when:

1. The applicant completes the Department checklist for a Highlands Applicability Determination and it indicates that the proposed project requires review by two or more of the regulatory programs listed in (a) above; or

2. The applicant is requesting any of the waivers at N.J.A.C. 7:38-6.4.

(d) An applicant shall request a pre-application conference in writing to the Land Use Regulation Program at the address listed at N.J.A.C. 7:38-1.2(a)2, and shall include:

1. A project description and a list of each regulatory programs that will need to review the project;

2. A plan view of the project;

3. The tax lot and block of the site on which the project is located;

4. The location of the project site, including the municipality, county and street address;

5. A United States Geological Survey quadrangle map showing the site;

6. The completed Highlands Applicability determination application and a copy of the Highlands Applicability determination letter issued pursuant to N.J.A.C. 7:38-2.4, or in cases where the applicant stipulates under N.J.A.C. 7:38-2.4(a) that the proposed activity is subject to the Highlands Act, adequate information for the Department to determine the applicability of the Highlands Act and WQMP consistency as provided on the Department's HPAA pre-application meeting checklist;

7. A copy of any Highlands Resource Area Determination (HRAD) issued for the site. If no HRAD has been issued, the general location of Highlands open waters and buffers, upland forest areas and steep slopes on the site in relation to the proposed project;

8. A copy of the appropriate Soil Conservation Service map(s) on which the project location is marked; and

9. A fee in accordance with N.J.A.C. 7:38-10.2(a).

(e) The Department encourages the applicant to obtain an HRAD and a Natural Heritage Program letter listing of rare, threatened and endangered animal species and rare or endangered plant species pursuant to N.J.A.C. 7:38-4.1(d)3 ii on or near the site prior to the pre-application conference.

(f) The Department shall contact the applicant within 15 days after receiving a completed request to schedule the pre-application conference.

N.J. Admin. Code § 7:38-8.1

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (d), inserted "to the Land Use Regulation Program at the address listed at N.J.A.C. 7:38-1.2(a)2,"; rewrote (d)6 and (d)9; and in (e), inserted "pursuant to N.J.A.C. 7:38-4.1(d)3ii".