N.J. Admin. Code § 7:7-28.4

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:7-28.4 - Notice of certain settlement discussions on a coastal permit decision; notice of settlement agreement

(a) If the Department enters into settlement discussions regarding a project in a municipality in the CAFRA area that will impact a dune or other environmentally sensitive area, the Department shall provide notice, in writing, to the governing body of that municipality. The notice shall state the address, lot, and block of the property on which the project is proposed, shall include a description of the nature of the settlement discussions, and shall offer the governing body of the municipality the opportunity to participate in the settlement discussions. For the purposes of this subsection, environmentally sensitive area is a special water's edge area (see 7:7-9.6 through 9.30), an endangered or threatened wildlife or plant species habitat (see 7:7-9.36) , a critical wildlife habitat (see 7:7-9.37) , or the Pinelands National Reserve and Pinelands Protection Area (see 7:7-9.42) .

(b) If the Department and the person requesting an adjudicatory hearing agree to a settlement that may result in the issuance of a coastal permit for a regulated activity, notice of the opportunity to comment on the settlement shall be provided as follows:

1. The person who requested the adjudicatory hearing shall send by certified mail a "notice of intent to settle" the matter, using the notice form available from the Department at the address set forth at 7:7-1.6, to the following:

i. Each person who was provided specific notice of the application which resulted in the decision that is the subject of the adjudicatory hearing request; and

ii. Each person who commented on the application;

2. The Department shall publish in the DEP Bulletin the notice of intent to settle, and shall accept comments on the notice for at least 30 calendar days; and

3. If, after the 30-day comment period under (b)2 above, the settlement is finalized, the Department shall publish a notice of the final settlement in the DEP Bulletin.

N.J. Admin. Code § 7:7-28.4

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