N.J. Admin. Code § 7:7-3.7

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

Section 7:7-3.7 - Duration of an authorization under a general permit for which an application is deemed complete for review on or after July 6, 2015

(a) This section sets forth the duration of an authorization under a general permit for which the application is declared complete for review on or after July 6, 2015. The duration of an authorization under a general permit for which an application was declared complete for review prior to July 6, 2015 is set forth in 7:7-3.6.

(b) Except as provided in (c) below, an authorization governed by this section is valid for five years from the date of issuance of the authorization.

(c) The five-year term of an authorization governed by this section may be extended one time for five years pursuant to 7:7-27.3.

(d) All regulated activities being conducted pursuant to an authorization governed by this section shall immediately cease if the authorization expires, including any extension thereof under 7:7-27.3.

(e) If an authorization governed by this section expires and the person intends to commence or continue the regulated activities, the person shall obtain a new authorization or permit under this chapter authorizing the regulated activities.

1. If no regulated activities have occurred prior to the expiration of the authorization, the Department shall issue a new authorization under the general permit only if the project is revised where necessary to comply with the requirements of this chapter in effect when the application for the new authorization is declared complete for review;

2. If any regulated activities have occurred prior to the expiration of the authorization, the Department shall issue a new authorization under the general permit only if the project is revised where feasible to comply with the requirements of this chapter in effect when the application for the new authorization is declared complete for review. In determining the feasibility of compliance with the requirements in effect at the time the application is declared complete for review, the Department shall consider the amount of construction that has been completed prior to the expiration of the original authorization, the amount of reasonable financial investment that has been made in the original design consistent with the requirements applicable under the original authorization, and whether continuing construction as approved under the original authorization would have an adverse impact on the environment.

N.J. Admin. Code § 7:7-3.7

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