N.J. Admin. Code § 7:7A-2.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7A-2.6 - Exemption letters

(a) A person with a project or activity which qualifies for an exemption under this subchapter may obtain a letter from the Department certifying that an activity is exempt. The letter will be based on the information required by this section, and will be void if the information submitted is not complete and accurate, if the approval upon which it was based becomes invalid for any reason, or if the project or activity is not carried out as represented in the submittal(s) to the Department. This exemption will remain valid for the duration of the approval upon which it was based.

(b) To apply for an exemption letter for a farming, silviculture, or ranching exemption under N.J.A.C. 7:7A-2.4(c), an applicant shall submit the following:

1. Certification of farmland assessment eligibility under the New Jersey Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq. The Department will accept a copy of the applicant's tax bill showing farmland assessment to document this requirement;

2. A site plan or other drawing, and description of all activities for which the exemption is requested, including the location, total area of the existing and proposed activities, the types of farming, silviculture, or ranching, best management practices currently employed or to be employed, the site conditions in the area in which the activity would take place, the size, location, and use of all proposed dwellings or structures, and the length of time the operation has been ongoing;

3. A copy of the farm conservation plan, as developed in conjunction with the Natural Resource Conservation Service and approved by the Soil Conservation District, as appropriate; and

4. The fee specified in N.J.A.C. 7:7A-18.

(c) To apply for an exemption letter for a normal silviculture activities exemption pursuant to N.J.A.C. 7:7A-2.4(d), an applicant shall submit the following:

1. A copy of a forest management plan approved by the State Forester which includes the size of the site, the length of time required to complete the project, and a detailed description of the activities to take place in wetlands, transition areas, and/or State open waters, including the best management practices to be employed and the location and detailed plans for any proposed forest road(s); and

2. The fee specified in N.J.A.C. 7:7A-18.

(d) To apply for an exemption letter for a transition area exemption pursuant to N.J.A.C. 7:7A-2.4(f), an applicant shall submit the following:

1. A folded copy of the preliminary local approval of the site plan or subdivision, including a copy of the site plan or subdivision itself and a copy of the resolution approving the site plan or subdivision;

2. A letter from a municipal official with knowledge of and authority over the approval, including the following:

i. A statement that the site plan or subdivision approval is still within the period of protection from zoning changes provided for in the Municipal Land Use Law; or if the period of protection has expired, that there have been no changes to the municipal land use ordinances since the approval that would prohibit construction of the project; and

ii. A statement that the municipal approval that forms the basis for the exemption is still valid; and

3. The fee specified in N.J.A.C. 7:7A-18.

N.J. Admin. Code § 7:7A-2.6

Amended by R.1992 d.117, effective 3/16/1992.
See: 23 N.J.R. 338(a), 24 N.J.R. 975(b).
Changes initiated to create a program that is as stringent as that of the U.S. Army Corps of Engineers under the Clean Water Act (33 U.S.C. 1251 et seq.) in order to secure the assumption of the permit jurisdiction.
Amended by R.2001 d.312, effective 9/4/2001.
See: 32 N.J.R. 2693(a), 33 N.J.R. 3045(a).
Former N.J.A.C. 7:7A-2.10, Hearings and appeals, was repealed.
Amended by R.2008 d.291, effective 10/6/2008.
See: 39 N.J.R. 3587(a), 40 N.J.R. 5581(a).
Rewrote (b)2; added new (b)3; recodified former (b)3 as (b)4; and in (c)1, inserted "and the location and detailed plans for any proposed forest road(s)".
Recodified from N.J.A.C. 7:7A-2.10 and amended by R.2017 d.243, effective 12/18/2017.
See: 49 N.J.R. 834(a), 49 N.J.R. 3849(a).
Updated N.J.A.C. references throughout; in the introductory paragraph of (b), inserted a comma following "silviculture"; and in the introductory paragraph of (c), substituted "normal silviculture activities" for "forest products harvesting". Former N.J.A.C. 7:7A-2.6, Regulated activities in transition areas, recodified to N.J.A.C. 7:7A-2.3.