NJDEP Land Use Regulation
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The Department of Environmental Protection has revised and updated the Freshwater Wetlands Technical Manual in accordance with N.J.S.A 13:1D-111 et seq. Specifically, the Department has revised and updated the “Landscape Maps of Habitat for Endangered, Threatened and Other Priority Wildlife” (also known as “Landscape Maps” and “Landscape Project Maps”). The revisions are contained within the portion of the Freshwater Wetlands Technical Manual entitled "Protocols for the establishment of exceptional resource wetlands pursuant to the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.) based on documentation of state or Federal endangered or threatened species." Based upon the revisions and updates, the Department is replacing Version 1.0 with Version 2.0 of the Landscape Maps. The Freshwater Wetland Protection Act rules at N.J.A.C. 7:7A-2.4 (c) (Classification of freshwater wetlands by resource value) reference the Landscape Project Method and the technical manual.
The Landscape Maps are also referenced in the Coastal Zone Management rules at N.J.A.C. 7:7E-3.38 and N.J.A.C. 7:7E-3C for purposes of the special area rule regarding endangered or threatened wildlife habitat and conducting an endangered or threatened wildlife habitat impact assessment.
A copy of the protocols are available in Adobe Acrobat PDF format:
On January 20, 2004, the Department published in the New Jersey Register the adoption of amendments to the Coastal Permit Program rules, N.J.A.C. 7:7, and the Coastal Zone Management rules, N.J.A.C. 7:7E, that it proposed on July 7, 2003, in response to a decision by the Appellate Division of Superior Court in In the Matter of the Protest of Coastal Permit Program Rules, 354 N.J. Super. 293 (App. Div. 2002). The amendments specify that the Department cannot issue a CAFRA permit unless it first makes the findings required by Section 10 of CAFRA, N.J.S.A. 13:19-10. Prior to the issuance of a CAFRA permit, the Department must make the findings required by N.J.S.A. 13:19-10, even if it concludes that the application otherwise meets the standards of the Coastal Zone Management rules, N.J.A.C. 7:7E.
The Department also adopted the repeal of the Sector permit from the Coastal Permit Program rules at N.J.A.C. 7:7-9, as well as several other administrative and clarifying amendments to the Coastal Zone Management rules.
To download the entire revised versions of the Coastal Permit Program rules and Coastal Zone Management rules, look up N.J.A.C. 7:7 and N.J.A.C. 7:7E in our Regulations area.
The proposed amendments relate to an increase in application fees for stream encroachment permits, which are issued under the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq. The stream encroachment permit fees currently collected by the Department amount to approximately 50% of the cost of operating the flood hazard regulatory program. In order to close this gap and avoid increasing dependence on legislative appropriations to fund this program, the Department is proposing to double application fees. Stream encroachment permit fees were last increased in March 1993.
For more information, see the secondary public notice at www.nj.gov/dep/rules/notices/050503a.html.
A full copy of the entire proposal is available in Adobe Acrobat PDF format:
The proposed amendments to the Coastal Permit Program Rules relate to an increase in the application fees for waterfront development permits, Wetlands Act of 1970 (coastal wetlands) permits, and Coastal Area Facility Review Act (CAFRA) permits. In addition, the Department is proposing to amend the application fees for waterfront development permits to add a fee for the request for a written determination of exemption from the permitting requirements.
The proposed amendments to the Freshwater Wetland Protection Act Rules relate to an increase in the application fees for letters of interpretation (LOIs), general permit authorizations (GPs), transition area waivers (TAWs), individual permits (IPs), and the combination of these fees with one another and with fees pursuant to the Flood Hazard Area Control Act rules (N.J.A.C. 7:13). In addition, a new fee is proposed for Individual Water Quality Certificates.
For more information, see the secondary public notice at www.nj.gov/dep/rules/notices/021803b.html.
A full copy of the entire proposal is available in Adobe Acrobat PDF format:
On October 7, 2002, the Department adopted amendments to the rules for conditions that apply to all general permit authorizations; and general permits 6 (non-tributary wetlands) and 27 (redevelopment of previously disturbed areas). The adopted amendments were published in the New Jersey Register (see 34 N.J.R. 3518). A courtesy copy of the entire revised rule is available in our Regulations Area.
The rule was adopted without change. Under the adopted amendments, the Department will prohibit the use of any general permit in a vernal habitat, as defined at N.J.A.C. 7:7A-1.4, or in a transition area adjacent to a vernal habitat. In addition, the Department has reduced the acreage of disturbance authorized under general permit 6 (non-tributary wetlands) and general permit 27 (redevelopment of previously disturbed sites) to one half acre in waters of the United States.
To download the entire revised Freshwater Wetlands Protection Act Rules, look up N.J.A.C. 7:7A in our Regulations area.
The proposed new rules and amendments relate to the identification and consideration of historic resources in the Freshwater Wetlands Protection Act program permitting process. These include: amendments to the standard conditions for general and individual permits to reflect the current procedures for freshwater wetlands permits that will adversely affect historic resources; new rules establishing a checklist of wetlands permit application categories presenting a high probability of the presence of historic and archaeological resources; and new procedures for coordinating with the freshwater wetlands review process the Federal Section 106 review, or the State's review procedures for projects encroaching upon New Jersey Register properties.
For more information, see the secondary public notice at www.state.nj.us/dep/rules/100702a.html.
A full copy of the entire proposal is available in Adobe Acrobat PDF format:
A full copy of the entire proposal is available in Adobe Acrobat PDF format:
On January 22, 2002, the Department adopted amendments to the Shellfish Habitat rule within the Coastal Zone Management rules, N.J.A.C. 7:7E-3.2(d). This section of the CZM rules sets forth the requirements for activities occurring in areas classified as shellfish habitat, including the construction of recreational docks, piers or boat moorings. The adopted amendments were published in the New Jersey Register (see 34 N.J.R. 535(a)). A courtesy copy of the entire rule is being provided in our Regulations area. The official version of the adoption is that published in the New Jersey Register. Should there be any discrepancies between the courtesy copy and the official version, the official version shall govern.
In consideration of public comments received during the proposal phase of previous amendments to the Shellfish Habitat rule, and as a result of consultation with Federal resource agencies (principally the U.S. Army Corps of Engineers, the National Marine Fisheries Service within the National Oceanic and Atmospheric Administration, and the U.S. Fish and Wildlife Service), the Department acted to amend the rules to impose identical restrictions on all docks, piers and boat moorings proposed for construction within designated shellfish habitat.
Under the adopted amendments, the revised Shellfish Habitat rule aims to protect the marine ecosystem while accommodating the recreational needs of waterfront property owners. The adopted amendments streamline and reorganize existing N.J.A.C. 7:7E-3.2(d) for clarity and make substantive changes. The amendments are intended to ensure that the contribution of pollutants to the State's waters associated with docks, piers and boat moorings constructed under the Shellfish Habitat rule are significantly reduced or eliminated. As amended, the Shellfish Habitat rule requires that non-polluting materials must be utilized for all docks, piers and boat moorings constructed under N.J.A.C. 7:7E-3.2(d), that the size and location of the structure minimize, to the extent practicable, the area of shellfish habitat condemned and adverse impacts to the marine ecosystem, and that compensatory mitigation be performed. Required mitigation consists of restrictions governing existing and new shoreline protection structures as well as the payment of a mandatory monetary contribution to a dedicated account for Shellfish Habitat Mitigation.
To download the entire revised Coastal Zone Management Rule, look up N.J.A.C.
7:7E in our Regulations
area.
On January 7, 2002, the proposed readoption with amendments of the Coastal Zone Management rules, N.J.A.C. 7:7E and amendments proposed to the Coastal Permit Program rules, N.J.A.C. 7:7 and Ninety-Day Construction Permits rules, N.J.A.C. 7:1C will be published in the New Jersey Register. This is a courtesy copy of the proposal. The official version is that published in the New Jersey Register. Should there be any discrepancies between the courtesy copy and the official version, the official version shall govern.
The readoption of the Coastal Zone Management rules includes various amendments related to special areas, general water areas, general land areas, use and resource rules. Amendments are also proposed to reflect the Department's current organizational structure, terminology and definitions. For ease in reading and understanding this Chapter, the Chapter's organization is being amended to reduce confusing codifications. Further, where appropriate, existing references to various studies, reports and publications are being updated.
The Department is also proposing amendments to the Ninety-Day Construction Permits rules, N.J.A.C. 7:1C and the Coastal Permit Program rules, N.J.A.C. 7:7. As part of the readoption of the Ninety-Day Construction Permits rules, the Department indicated that it would be reorganizing the Chapter to relocate certain provisions pertaining tot he coastal permitting programs into the Coastal Permit Program rules. To facilitate this reorganization, amendments are being proposed to both the Coastal Permit Program rules and Ninety-Day Construction Permits rules. Further, amendments focusing on the notice requirements for coastal permit applications, modification requests and coastal general permits are being proposed to the Coastal Permit Program rules.
| Courtesy Copy of Proposal |  |
MS Word DOC | |
ZIP (MS WORD DOC) | |
Adobe PDF |
The Department is proposing amendments to the freshwater wetlands rules to address takings, and to address the identification of threatened and endangered wildlife habitat. The proposal will be published in the January 22, 2002 issue of the New Jersey Register.
This is a courtesy copy of the proposal. The official version is that published in the New Jersey Register. Should there be any discrepancies between the courtesy copy and the official version, the official version shall govern.
| Courtesy Copy of Proposal | |
MS Word DOC | |
ZIP (MS WORD DOC) | |
Adobe PDF |
The public notice of the rule proposal is now availalbe at DEP's Rules & Regulations page.
A public hearing concerning the proposal is scheduled as follows:
Wednesday, February 13, 2002 at 1:00 p.m.
New Jersey Department of Environmental Protection (Directions)
Public Hearing Room
401 East State Street
Trenton, New Jersey 08625
Written comments may be submitted by February 21, 2002 to:
NJ Department of Environmental Protection
Janis Hoagland, Esq.
ATTN: DEP Docket No. 36-01-12/289
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625
An additional public hearing has been scheduled on the proposed amendments to the freshwater wetlands rules. Amendments were proposed on September 4, 2001. The public hearing on those amendments was inadvertently scheduled on Yom Kippur (September 27). Therefore, there will be an additional public hearing on October 25, 2001, and the comment period on the proposed amendments will be extended to October 29, 2001. The additional hearing will be held in the DEP Public Hearing Room at 1:00 p.m. on October 25, 2001.
Click here for more information the freshwater wetlands rule proposal.
The Department's protocol for identifying vernal habitats is now available. A companion form for use in conjunction with the application checklist for general permits is also available. The Department is also providing mapping to assist in locating the vernal habitats so far identified and certified by the Department. The mapping is approximate, and will be updated and refined on an ongoing basis as more vernal habitats are certified. More detailed information on a particular vernal habitat can be obtained by contacting the Land Use Regulation Program at LURWEB@dep.state.nj.us.
| Vernal Habitats Protocol | |
MS Word DOC | |
ZIP (MS WORD DOC) | |
Adobe PDF |
| Vernal Habitats Data Sheet | |
MS Word DOC | |
ZIP (MS WORD DOC) | |
Adobe PDF |
| NEW! Vernal Habitat Maps now available | ||
For additional application forms and checklists, please visit our forms and checklists page.
The Department has adopted the wetlands rule changes proposed on August 7, 2000, and has also proposed three changes to the adopted rules. The adopted rules will become effective on September 4, 2001, when the adoption is published in the New Jersey Register. Following, are four documents regarding the rule (all in Adobe Acrobat format) :
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Adopted Freshwater Wetlands Rules (N.J.A.C. 7:7A) and responses to comments. |
| (due to the size of this file, approximately 1MB, you may
prefer to download the file by right-clicking the link & choosing "save target as..." or "save link as...") |
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Flow Charts for Adopted Freshwater Wetlands Rules (N.J.A.C. 7:7A) |
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Concurrent Proposal Freshwater Wetlands Rules (N.J.A.C. 7:7A) |
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"Easy Reading" version of the new freshwater wetlands rules (N.J.A.C. 7:7A). |
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Table of citation changes from old freshwater wetlands rules to the new freshwater wetlands rules (N.J.A.C. 7:7A) |
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NEW! Detailed Questions & Answers regarding the new freshwater wetlands rules. |
For information on the original August 7, 2000 Freshwater Wetlands Rules proposal, click here.
| Freshwater Wetlands Proposed Rules - Full courtesy copy | |
| (due to the size of this file, 2MB, you may prefer to download
the file by right-clicking the link & choosing "save target as..." or "save link as...") |
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| Freshwater Wetlands Proposed Rules - Summary | |
| Freshwater Wetlands Rules Fact Sheet - Overview | |
| Freshwater Wetlands Rules Fact Sheet - Mitigation | |
The Coastal Zone Management rules as amended through October 16, 2000 are now available on the Land Use Regulation Program's website. However, Appendices 2 and 3, which contain the descriptions of the Coastal centers, are still being developed and will be available shortly. Please note that the version of the Coastal Zone Management rules on the Land Use Regulation Program's website is a courtesy copy and is not the official version of the New Jersey Administrative Code. The official, legally effective version is set forth in Chapter 7E of the New Jersey Administrative Code. Should there be any discrepancies between this text and the official version, the official version shall govern.
The Coastal Zone Management rules can be downloaded or viewed here.
On March 20, 2000 the Department proposed to readopt with amendments the Coastal
Permit Program rules, N.J.A.C. 7:7. The adoption of these amendments was published
in the October 16, 2000 New Jersey Register. Obtain or view a courtesy copy
here
The Coastal Permit Program rules at N.J.A.C. 7:7 establish the procedures by which the Department reviews permit applications and appeals from permit decisions under the Coastal Area Facility Review Act (CAFRA) (N.J.S.A. 13:19-1 et seq.), the Waterfront Development Law (N.J.S.A. 12:5-3), and the Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.). The Coastal Permit Program rules also contain the coastal general permits, permits-by-rule, the Long Branch Redevelopment Zone permit and the Sector Permit.
The adopted amendments further refine this chapter by clarifying definitions, jurisdiction under CAFRA and application procedures. In adopting these rules, the Department is adding seven new coastal general permits and three new permits-by-rule. Further, several existing coastal general permits and permits-by rule are being amended. The adopted amendments to the coastal general permits and permits-by-rule will additionally streamline the coastal application process.
As part of the readoption with amendments of the Coastal Permit Program rules, the Department is adopting amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E which contain the substantive standards for use and development of coastal resources. These amendments complement the amendments to the coastal general permits (N.J.A.C. 7:7-7), and change the rules concerning coastal bluffs, recreational docks and piers, and parking requirements. In addition, this adoption amends the fee schedule for certain types of developments and permit modifications under the Ninety-Day Construction Permits rules, N.J.A.C. 7:1C.
Last Updated: February 19, 2004
