N.J. Admin. Code § 7:7-3.2

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

Section 7:7-3.2 - Standards for issuance, by rulemaking, of permits-by-rule, general permits-by-certification, and general permits

(a) The Department will, in accordance with the rulemaking provisions of the New Jersey Administrative Procedure Act, 52:14B-1 et seq., promulgate each permit-by-rule, general permit-by-certification, or general permit after publication of a notice of rule proposal in the New Jersey Register and consideration of public comment.

(b) The Department will promulgate a permit-by-rule, general permit-by-certification, or general permit only if all of the following conditions are met:

1. The Department determines that the regulated development will cause only minimal adverse environmental impacts when performed separately, will have only minimal cumulative adverse impacts on the environment, and is in keeping with the legislative intent to protect and preserve the coastal area from inappropriate development;

2. The Department determines that the development will be in conformance with the purposes of applicable statutes; and

3. The Department has provided public notice and an opportunity for public comment with respect to the proposed permit-by-rule, general permit-by-certification, or general permit. After a general permit-by-certification or general permit has been promulgated pursuant to this subchapter, the Department will not hold public hearings on individual applications for authorization under a general permit-by-certification or general permit.

(c) Each permit-by-rule, general permit-by-certification, or general permit shall contain a specific description of the type(s) of development which are authorized, including limitations for any single operation, to ensure that the conditions of (b)1 and 2 above are satisfied. At a minimum, these limitations shall include:

1. The size and type of the development that may be undertaken; and

2. A precise description of the geographic area to which the permit-by-rule, general permit-by-certification, or general permit applies.

(d) The Department will include in each permit-by-rule, general permit-by-certification, or general permit promulgated pursuant to this subchapter appropriate conditions applicable to particular types of sites or development which must be met in order for a proposed development or activity to qualify for authorization under the permit-by-rule, general permit-by-certification, or general permit.

(e) The Department may, by undertaking rulemaking in accordance with (a) above, repeal a permit-by-rule, general permit-by-certification, or general permit, and thereafter require individual permits for development previously covered by the permit-by-rule, general permit-by-certification, or general permit, if it finds that the permit-by-rule, general permit-by-certification, or general permit no longer meets the purposes of applicable statutes and of this chapter.

N.J. Admin. Code § 7:7-3.2

Renumbered from 7:7-7.1 by 47 N.J.R. 1392(a), effective 7/6/2015