N.J. Admin. Code § 7:7A-7.21

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

Section 7:7A-7.21 - General permit 21- Above ground utility lines

(a) General permit 21 authorizes the following activities in freshwater wetlands, transition areas, and/or State open waters necessary for the construction of an above ground utility line:

1. Installation of poles, towers, or other supports from which to suspend a pipe, wire or cable;

2. Construction of a pad mounted transformer;

3. Placement of an above ground pipe, wire or cable;

4. Clearing of vegetation under and around utility lines, within the limits at (b) below; and

5. Minor, temporary disturbances, necessary for access during construction.

(b) Activities under general permit 21 shall comply with the applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 and the following limits:

1. Temporary disturbance of freshwater wetlands, transition areas, and/or State open waters during construction shall be no more than 60 feet wide, including vegetative clearing and disturbance for access under (a)5 above; and

2. Permanent disturbance of freshwater wetlands, transition areas, and/or State open waters, including the area of vegetative clearing to be maintained underneath the utility line shall be no greater than 0.5 acre and no wider than 20 feet, unless the applicant demonstrates that a wider disturbance is necessary to comply with applicable laws or regulations. For the purposes of this paragraph, installation of a utility line in scrub shrub or emergent wetlands shall not be considered permanent disturbance.

(c) Activities under general permit 21 shall not interfere with the natural hydrologic characteristics of the wetland, transition area, or State open water. The applicant shall place the utility line on pilings if necessary, in order to satisfy this condition.

(d) After the utility line is constructed, any freshwater wetlands, transition areas, or State open waters disturbed, which are not within the cleared area to be maintained under (b)2 above, shall be allowed to revert to their natural condition.

(e) Mitigation shall be performed for all permanent loss and/or disturbance of 0.1 acres or greater of freshwater wetlands or State open waters. Mitigation shall be performed for permanent loss and/or disturbance of less than 0.1 acres of freshwater wetlands or State open waters unless the applicant demonstrates to the Department that all activities have been designed to avoid and minimize impacts to wetlands. For purposes of this subsection, "minimize" means that the project is configured so that most or all of it is contained in the uplands on the site, and that the wetlands are avoided to the greatest extent possible. An applicant is not required to reduce the scope of the project or to consider offsite alternatives to comply with this requirement.

1. The mitigation shall meet the substantive and procedural requirements at N.J.A.C. 7:7A-11 and shall be submitted to the Department for review and approval no later than 90-calendar days prior to the initiation of regulated activities authorized by this general permit.

N.J. Admin. Code § 7:7A-7.21

Amended and recodified from 7:7A-5.21 by 49 N.J.R. 3849(a), effective 12/18/2017