N.J. Admin. Code § 7:7A-7.8

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

Section 7:7A-7.8 - General permit 8- House additions

(a) General permit 8 authorizes activities in freshwater wetlands and/or transition areas necessary for the construction of additions or appurtenant improvements to residential dwellings lawfully existing prior to July 1, 1988, provided all applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. The activities will not occur in State open waters;

2. The improvement or addition requires no more than a cumulative surface area of 750 square feet of fill and/or disturbance and will not result in new alterations to freshwater wetlands outside of the 750-square-foot area; and

3. The improvement or addition is located within 100 feet of the residential dwelling.

(b) If requested within five years of the destruction of a dwelling, this permit authorizes the replacement of a residential dwelling that was lawfully existing prior to July 1, 1988, within the same footprint of the previous dwelling with an increase of up to 750 square feet of fill and/or disturbance provided that:

1. The applicant provides documentation that the dwelling was habitable at the time of destruction. "Habitable" means that persons could legally occupy the dwelling and that the dwelling had utilities including a functioning septic system or legal connection to a sewer; and

2. There is a foundation remaining or other evidence, such as a deed or plot plan, of the size and location of the overall building footprint.

N.J. Admin. Code § 7:7A-7.8

Amended and recodified from 7:7A-5.8 by 49 N.J.R. 3849(a), effective 12/18/2017