N.J. Admin. Code § 7:7-26.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:7-26.2 - Applications for all coastal general permit authorizations and applications for waterfront development and coastal wetlands individual permits-completeness review

(a) Within 20 working days after receiving an application for authorization under a general permit or an application for a waterfront development or coastal wetlands individual permit, where day one of the 20-working-day period is the date the application is received, the Department shall take one of the following actions:

1. Determine the application is both administratively and technically complete and issue notification to the applicant in writing that the application is complete for review, effective as of the date the Department received the application;

2. Determine the application is administratively complete but technically incomplete and issue notification to the applicant in writing that the application is technically incomplete. This notification shall specify the additional information required and the deadline by which the information must be submitted; or

3. Determine the application is administratively incomplete and issue notification to the applicant in writing that the application is administratively incomplete. This notification shall specify the additional information required and the deadline by which the information must be submitted.

(b) Within 15 calendar days after receiving the additional information submitted pursuant to (a)3 above for an administratively incomplete application, the Department shall take one of the following actions:

1. Determine that the application is both administratively and technically complete and issue notification to the applicant in writing that the application is complete for review, effective as of the date the Department received the additional information;

2. Determine that the application is administratively complete but technically incomplete and issue notification to the applicant in writing that the application is technically incomplete. This notification shall specify the additional information required and the deadline by which the information must be submitted; or

3. Determine that the additional information is not sufficient and issue notification to the applicant in writing that the application remains administratively incomplete. The notification shall specify the additional information required and the deadline by which the additional information must be submitted.

(c) Within 15 calendar days after receiving the additional information submitted pursuant to (a)2 or (b)2 above for a technically incomplete application, the Department shall take one of the following actions:

1. Determine the application is technically complete and issue notification to the applicant in writing that the application is complete for review, effective as of the date the Department received the additional information; or

2. Determine the additional information is not sufficient and issue notification to the applicant in writing that the application remains technically incomplete. The notification shall specify the additional information required and the deadline by which the additional information must be submitted. If the applicant submits all of the information requested pursuant to this notification, the Department shall declare the application complete for review, effective as of the date the Department received the additional information.

(d) The applicant shall send the additional information submitted to the Department pursuant to (a)2 or 3, (b)2 or 3, or (c)2 above to the municipal clerk of each municipality in which the project is located and shall provide notice explaining that additional information has been submitted to the Department to any person listed at N.J.A.C. 7:7-24.3(b) whom the Department determines would likely be affected by the additional information. The applicant shall provide documentation in accordance with N.J.A.C. 7:7-24.6that the additional information and notice were provided.

(e) An applicant shall submit all additional information pursuant to (a)2 or 3, (b)2 or 3, or (c)2 above within 90 calendar days after the date of the Department request, unless the Department specifies a different deadline in the request. If the applicant does not submit the additional information by the deadline, the Department shall, in accordance with N.J.A.C. 7:7-26.7, cancel the application or, if the applicant demonstrates good cause for the delay in providing the requested information, extend the time to submit the information.

(f) If the Department does not take one of the actions in (a) above within 20 working days after receiving an application, the application shall be declared complete for review, effective as of the date the application was received by the Department, and the Department shall make a decision to approve or deny the application by the applicable deadline set forth at 7:7-26.6.

(g) If the Department does not take one of the actions at (b) or (c) above within 15 calendar days after receiving additional information submitted for an administratively or technically incomplete application, the application shall be declared complete for review, effective as of the date the additional information was received by the Department, and the Department shall make a decision to approve or deny the application by the applicable deadline set forth at N.J.A.C. 7:7-26.6.

(h) The Department shall hold a fact-finding meeting on a waterfront development or coastal wetland individual permit application if the Department determines that, based on public comment received and/or a review of the scope and/or environmental impact of the proposed project, additional information is necessary to assist the Department in its evaluation of the potential impacts, and that this information can only be obtained through a fact-finding meeting.

(i) Once an application for authorization under a general permit or an application for a waterfront development or coastal wetland individual permit is complete for review, the Department shall make a decision to approve or deny the application by the applicable deadline established under 7:7-26.6.

N.J. Admin. Code § 7:7-26.2

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 53 N.J.R. 514(b), effective 4/5/2021