REGULATION OF WIND TURBINES IN NEW JERSEY’S COASTAL ZONE

Adopted Regulatory Amendments

On September 7, 2010, the DEP published in the NJ Register the adoption of amendments to the Coastal Permit Program rules, Coastal Zone Management rules and Flood Hazard Area Control Act rules that were proposed on September 8, 2009.  Under the Coastal Permit Program rules, the adopted amendments add a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land; add a new permit-by-rule for the construction of solar panels; and describe the situations in which construction of a wind turbine or solar panel does not require a coastal permit.  The adopted amendments to the Coastal Zone Management rules modify setbacks for wind and solar development, identify particular areas where construction of large scale wind turbines would not be appropriate, and set forth monitoring, habitat evaluation and impact assessment requirements for birds, bats and marine organisms.  The adopted amendments also allow the construction of a demonstration wind energy facility in the ocean waters of the State to assist in assessing the impacts of such a facility.  The adopted amendments to the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, add a new permit-by-rule for the construction of wind turbines on land. View the rule adoption (pdf)

Large Scale Wind Turbine Siting Map

As the height and size of wind turbines increase, so does the potential for adverse impacts to both birds and bats due to the operation of the turbines.  In order to minimize these effects, the Department has identified specific areas on land where wind turbines of a certain size would be unacceptable.  These areas are identified on the Department’s Large Scale Wind Turbine Siting Map.  This map is available for download.  Details on the methodology and justification used to map these areas are provided in the Large Scale Wind Turbine Siting Map report (pdf).

Technical Manual for Evaluating Wildlife Impacts of Wind Turbines Requiring Coastal Permits

To assess the potential impacts of the construction and/or operation of wind turbines on birds, bats and in tidal waters marine organisms, the Department has developed a technical manual (pdf) which provides habitat evaluation, impact assessment, and pre- and post- construction monitoring guidelines consisting of survey protocols specific to the location of the wind turbine, on land or in tidal waters.

Ocean/Wind Ecological Baseline Studies

The Department conducted a 24-month study to gather data regarding the abundance and distribution of birds, marine mammals and sea turtles in an area that reaches 20 nautical miles offshore, between Seaside Park and Stone Harbor.  The overall goal of the study is to provide spatial and temporal data on species utilizing New Jersey Offshore waters to assist in determining potential areas for wind power development.  On July 23, 2010, the Department released the final report.  Details on the study and reports can be found on the Department’s Office of Science web site.

Permits and approvals for the Construction of Wind Energy Facilities

The Department has developed listings of permits and approvals that may be required for the construction of terrestrial and offshore wind energy facilities.  These listings contain the permits and approvals that are most likely to be required from the Department and similar permits and approvals required from federal agencies.  These documents are available from the Department’s Office of Permit Coordination and Environmental Review web site.