N.J. Admin. Code § 7:7A-5.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:7A-5.3 - Use of an authorization pursuant to a general permit-by-certification or a general permit to conduct regulated activities

(a) An activity that meets the requirements of a general permit-by-certification may be conducted when the person proposing to conduct the activity receives the automatic authorization resulting from completion of the application submission through the Department's electronic system in accordance with N.J.A.C. 7:7A-16.6.

(b) An activity that meets the requirements of a general permit may be conducted when the person proposing to conduct the activity receives authorization from the Department in accordance with N.J.A.C. 7:7A-19, except in an area under the jurisdiction of the Pinelands Commission. In such an area, the application shall be submitted to the Pinelands Commission rather than to the Department, in accordance with the Pinelands Comprehensive Management Plan (CMP). For information on freshwater wetlands and transition areas in the Pinelands, contact the Pinelands Commission at (609) 894-7300 or through its website at http://www.nj.gov/pinelands.

(c) Each general permit-by-certification or general permit specifies whether it covers activities in freshwater wetlands, transition areas, State open waters, or a combination thereof. An authorization issued under a general permit-by-certification or general permit that covers activities in freshwater wetlands satisfies the requirement for a freshwater wetlands permit. An authorization issued under a general permit-by-certification or general permit that covers activities in State open waters satisfies the requirement for an open water fill permit. An authorization issued under a general permit-by-certification or general permit that covers activities in a transition area satisfies the requirement for a transition area waiver.

(d) Each authorization under a general permit shall include an access transition area waiver that allows access to the authorized activity, in accordance with N.J.A.C. 7:7A-8.1(a)5. No fee or application is required for this waiver and the disturbance authorized under this waiver is not counted in calculating the amount of disturbance under the general permit.

(e) The Department shall deny an application for authorization under a general permit and require an application for an individual permit if the Department finds that:

1. Additional permit conditions added under N.J.A.C. 7:7A-20.3 would not be sufficient to ensure compliance with this chapter and other applicable laws; or

2. Special circumstances make an individual permit necessary to ensure compliance with the Freshwater Wetlands Protection Act, this chapter, any permit or order issued pursuant thereto, or the Federal Act.

(f) The limits on disturbance in each general permit-by-certification or general permit apply to the entire site upon which activities authorized under the general permit-by-certification or general permit occur. An applicant shall not segment a project or its impacts by applying for a general permit-by-certification or 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 authorizations under a general permit-by-certification or a general permit for different portions of the same project.

(g) Unless otherwise specified, the limits on disturbance under a general permit-by certification or a general permit apply to total disturbance, including both temporary and permanent disturbance.

(h) If a regulated activity is not covered by any general permit-by-certification, general permit, or combination thereof, an individual freshwater wetlands or open water fill permit must be obtained under N.J.A.C. 7:7A-9 in order to authorize the activity under this chapter. If a regulated activity in a transition area is not covered by any general permit-by-certification, general permit, or combination thereof, a transition area waiver must be obtained under N.J.A.C. 7:7A-8 in order to authorize the activity under this chapter.

(i) An authorization under a general permit-by-certification or general permit does not relieve the person conducting the authorized regulated activities from the obligation to obtain any other applicable permits or approvals required by law.

N.J. Admin. Code § 7:7A-5.3

Amended and recodified from 7:7A-4.2 by 49 N.J.R. 3849(a), effective 12/18/2017

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

Amended by 53 N.J.R. 514(b), effective 4/5/2021