N.J. Admin. Code § 7:7-27.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:7-27.3 - Extension of an authorization under a general permit or of a waterfront development individual permit for activities waterward of the mean high water line

(a) A permittee may request one five-year extension of an authorization under a general permit the duration of which is governed by N.J.A.C. 7:7-3.7, or one five-year extension of an individual permit for activities waterward of the mean high water line the duration of which is governed by N.J.A.C. 7:7-8.2(a).

(b) The Department shall issue an extension only if:

1. The permittee submits a request for extension that meets the requirements of (c) below and that is received by the Department prior to the expiration of the authorization or individual permit. The Department shall not accept a request for extension received more than one year prior to the expiration of an authorization or individual permit;

2. The permittee demonstrates that there has been no significant change in the overall condition of the site, including special areas;

3. The permittee demonstrates that regulated activities approved under any authorization or individual permit for which an extension is sought have not been revised or amended, unless the permittee has obtained a modification of the authorization or individual permit under 7:7-27.5; and

4. For an individual permit, the permittee demonstrates that the rules in this chapter governing the regulated activities authorized under the permit for which an extension is sought have not been amended such that the activities do not meet the rules as amended.

(c) A request for an extension of an authorization under a general permit or of an individual permit shall include:

1. A completed application form, available from the Department at the address set forth at N.J.A.C. 7:7-1.6. This form requires basic information regarding the proposed development, including the type of application being submitted, the name and address of the applicant and any designated agents, the specific location of the project, a brief description of the proposed activities, and certifications as to the truth and accuracy of the information provided and as to the ownership of the property;

2. The appropriate application fee as set forth at N.J.A.C. 7:7-25; and

3. A narrative demonstrating that the requirements of (b) above are met.

(d) Within 15 calendar days after receiving a request for an extension of an authorization under a general permit subject to this section for which the application was deemed complete for review on or after July 6, 2015, or within 30 calendar days after a request for an extension of a waterfront development individual permit for activities waterward of the mean high water line has been received by the Department, the Department shall take one of the actions identified below. During the Department's review of the extension request, regulated activities subject to the authorization or individual permit may continue.

1. Determine the request meets the requirements of this section and issue an extension in accordance with (g) below; or

2. Determine the request meets the criteria for denial at (e) below and deny the extension request.

(e) The Department shall deny a request for an extension for any of the following reasons:

1. The authorization or individual permit for which the extension is sought is not one specified in (a) above;

2. The Department receives the request more than one year prior to the expiration date of the authorization or individual permit for which the extension is sought;

3. The Department receives the request after the expiration date of the authorization or individual permit for which the extension is sought;

4. The term of the authorization or individual permit for which the extension is sought has been extended before;

5. The applicant does not demonstrate that all of the requirements at (b) above are met;

6. The request does not include all of the information required to be submitted under (c) above; or

7. The authorization or individual permit for which the extension is sought has been terminated in accordance with 7:7-27.8.

(f) If the Department denies a request for an extension under (e) above:

1. The authorization or individual permit shall expire on its original expiration date or on the date of receipt of the denial by the permittee, whichever is later, unless already terminated in accordance with 7:7-27.8; and

2. All regulated activities authorized under the authorization or individual permit shall cease on the expiration date of the authorization or individual permit specified in (f)1 above, and shall not commence again unless and until a new permit is obtained in accordance with N.J.A.C. 7:7-23.

(g) If the Department determines that the requirements of this section have been met, the Department shall issue an extension of the authorization or individual permit for one five-year period, beginning on the original expiration date of the authorization or individual permit. The extension shall be in writing, and shall include any conditions the Department determines are necessary to ensure the requirements of this chapter are met.

N.J. Admin. Code § 7:7-27.3

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

Amended by 50 N.J.R. 361(a), effective 1/16/2018

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