N.J. Admin. Code § 7:7A-5.4

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

Section 7:7A-5.4 - Use of more than one general permit or general permit-by- certification on a single site

(a) A person may undertake more than one regulated activity on a single site. The activities may be authorized under one or more general permits-by-certification and/or general permits, provided:

1. The individual limits of each general permit-by-certification and/or general permit are complied with. If activities under one general permit-by-certification and/or general permit are conducted in more than one place on a site, the total disturbance caused by all activities at all locations onsite under that general permit-by-certification and/or general permit shall be summed in order to determine if the limits in the general permit-by-certification and/or general permit are met. For example, if an applicant seeks authorization for more than one outfall structure under general permit 11 (N.J.A.C. 7:7A-7.11 ) on a site, the impacts from all of the structures shall be summed and the total must be no greater than 0.25 acres, which is the acreage limit for that general permit (see N.J.A.C. 7:7A-7.11(c)1 ). In a second example, if an applicant proposes a minor road crossing under general permit 10B (N.J.A.C. 7:7A-7.10B ) and two outfall structures under general permit 11 on the same site, the minor road crossing cannot exceed 0.25 acres, which is the acreage limit for that general permit (see N.J.A.C. 7:7A-7.10B(b)2 ), and the combined impact of the two outfall structures cannot exceed the 0.25-acre limit for general permit 11. Other than the combination of general permits 6 and 6A, the Department shall not authorize the combination of two different general permits-by-certification or general permits, or combination thereof, for a single activity. For example, if an applicant seeks authorization for a road crossing that will have an impact of 0.60 acres, an individual permit will be required because the Department will not authorize 0.25 acres under general permit 10B to be combined with 0.35 acres under general permit 6, which has a one-acre limit (see N.J.A.C. 7:7A-7.6(a)1 ) for a minor road crossing of 0.60 acres. In addition, other than the combination of an access transition area waiver (see N.J.A.C. 7:7A-8.1(a)5), a transition area waiver averaging plan (see N.J.A.C. 7:7A-8.2), a special activity transition area waiver for linear development (see N.J.A.C. 7:7A-8.3(e)), or a special activity waiver for redevelopment (see N.J.A.C. 7:7A-8.3(f)), with a general permit, the Department shall not authorize the combination of a general permit or general permit-by-certification with a transition area waiver for a single activity if the combined effect of the transition area waiver and general permit authorization would be to expand the general permit activity beyond the limits set forth in the general permit;

2. The total combined area of wetlands, State open waters, and transition areas disturbed or modified on the site under general permits 2, 6, 6A, 7, 8, 10A, 10B, 11, 12, 13, 14, 17, 17A, 18, 19, 21, 23, 24, and 25, and general permits-by-certification 8 and 24 does not exceed one acre with the exception of the following:

i. Disturbance of State open waters as part of a lake dredging project under general permit 13 at N.J.A.C. 7:7A-7.13. However, disturbance of wetlands or transition area in the lake or for access to the dredging project shall be counted toward the one acre limit in this subsection;

ii. Disturbance of State open waters as part of a channel or stream cleaning project under general permit 25 at N.J.A.C. 7:7A-7.25. However, disturbance of wetlands or transition area in the channel or stream or for access to the channel or stream cleaning project shall be counted toward the one acre limit in this subsection;

iii. Disturbance of a transition area solely for access to a general permit activity performed in a wetland in accordance with N.J.A.C. 7:7A-8.1(a)5; and

iv. Disturbance authorized under general permit 17 on a publicly owned site or on land dedicated for conservation and/or recreation purposes;

3. The Department shall not authorize disturbance under both general permit 10A and general permit 10B for the same site; and

4. The Department shall not authorize multiple crossings of the same wetland or State open water unless:

i. There is no other location, design and/or configuration for the proposed crossing that would provide access to an otherwise developable lot that would reduce or eliminate the disturbance to a wetland or State open water; and

ii. Shared driveways are used to the maximum extent possible to access multiple lots.

(b) The Department may authorize activities under a general permit-by-certification and/or general permit more than once on the same site, and/or at different times on the same site. However, the total disturbance authorized on a site under general permits-by-certification and/or general permits since July 1, 1988, shall meet the criteria for use of multiple general permits set forth at (a)1 and 2 above.

(c) If a general permit-by-certification or general permit is not listed at (a)2 above, any acreage disturbed under that general permit-by-certification or general permit is not counted towards the one acre limit in (a)2 above, regardless of whether the general permit-by-certification or general permit is used singly or in combination with other general permits-by-certification or general permits, and regardless of whether the general permit-by-certification or general permit is used once or repeatedly.

(d) In addition to the limits above in this section, the Department shall not authorize activities under general permit numbers 13, 15, or 18 more often than once every five years on a single site.

N.J. Admin. Code § 7:7A-5.4

Amended and recodified from 7:7A-4.4 by 49 N.J.R. 3849(a), effective 12/18/2017