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Division of Land Use Regulation
State of New Jersey Department of Environmental Protection

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Permit-by-rule (PBR) 12 - construction of one to three wind turbines less than
200' in height having a cumulative rotor swept area no greater than 2,000 sq. ft. 

The PBR 12 authorizes the construction of one to three wind turbines less than 200’ in height, measured from the ground surface to the tip of the blade at its highest position, and having a cumulative rotor swept area no greater than 2,000 sq. ft., provided:

  • No portion of the wind turbine(s), including blades, tower and site disturbance, shall be located in, on or over dunes, beaches, wetlands, coastal bluffs, or wild and scenic river corridors;
  • No wind turbine tower(s) or site disturbance shall be located in floodways;
  • The wind turbine(s), including blades, tower and site disturbance, is set back a minimum of 50’, as measured parallel to the ground;
  • No portion of the wind turbine, including blades, tower, and site disturbance, shall be located within an area mapped as threatened or endangered species habitat on the Department’s Landscape Maps of Habitat for Endangered, Threatened and Other Priority Wildlife (Landscape Maps) except as provided below.  The Landscape Maps are available on the Department’s interactive mapping website at http://www.nj.gov/dep/gis;
    • The wind turbine(s) is located within 120’ of an existing building on an actively maintained lawn or area of land that has been manipulated by contouring of the soil and/or by intentional planting of flowers, grasses, shrubs, trees or other ornamental vegetation, which is maintained in such a condition by regular and frequent (at least one time per year) cutting, mowing, pruning, planting, weeding or mulching; or
    • The wind turbine(s) is located on legally existing non-porous cover;
  • If the wind turbine(s) is more than 120’ tall, measured from the ground surface to the tip of the blade at its highest position, the tower shall be a freestanding monopole(s); and
  • No lighting shall be placed on or directed at the wind turbine except for lighting required by the Federal Aviation Administration.  Shielded ground level security lighting may be used.  Lighting is shielded when it is covered in a way that light rays are not emitted above the horizontal plane of the light.

Full details are provided at N.J.A.C.7:7-4.12.

If your project does not meet the requirements of the PBR 1, it may qualify for a General Permit or an Individual Permit.  Additional information on these permit types can be found on the Coastal Permitting page.

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Last Updated: August 16, 2017