N.J. Admin. Code § 7:7A-10.1

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

Section 7:7A-10.1 - General provisions for individual permits

(a) A regulated activity or project subject to an individual permit shall meet the applicable requirements below:

1. Requirements for all individual permits at N.J.A.C. 7:7A-10.2;

2. For a non-water dependent activity, the requirements at N.J.A.C. 7:7A-10.3, except if the activity disturbs only State open waters that are not special aquatic sites; and

3. For a non-water dependent activity in an exceptional resource value wetland or trout production water, the requirements at N.J.A.C. 7:7A-10.4.

(b) The Department shall not consider a mitigation proposal in determining whether an individual permit will be issued for a project.

(c) Each individual permit applies to the entire site upon which permitted activities occur. An applicant shall not segment a project or its impacts by applying for general permit authorization for one portion of the project and applying for an individual permit for another portion of the project. Similarly, an applicant shall not segment a project or its impacts by separately applying for individual permits for different portions of the same project .

(d) In some cases, a regulated activity that requires an individual permit and is located in an area under the jurisdiction of the Pinelands Commission also requires approval by the Pinelands Commission, in accordance with the Pinelands Comprehensive Management Plan (CMP). For information on freshwater wetlands in the Pinelands, contact the Pinelands Commission at (609) 894-7300 or through its website at http://www.nj.gov/pinelands.

N.J. Admin. Code § 7:7A-10.1

Amended by 47 N.J.R. 422(a), effective 2/2/2015

Amended and recodified from 7:7A-7.1 by 49 N.J.R. 3849(a), effective 12/18/2017

Administrative Change, 51 N.J.R. 1193(a).