Notices of opportunities for public participation and/or comment prior to formal NJDEP rulemaking:

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF LAND USE REGULATION

Notice of Opportunity for Public Comment on Petition for Rulemaking: Determination of Reliance for Letters of Interpretation, Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A-3.6.
Take notice that the New Jersey Department of Environmental Protection (Department) is seeking public comment on a petition for rulemaking requesting that the Department include in the rules, the criteria by which a determination of reliance upon a letter of interpretation will be made pursuant to the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3.6.

The Department applies a reliance factor on a case by case basis, when it determines that the wetland line and/or the resource classification contained in a valid Letter of Interpretation (LOI) is no longer accurate. In the past, when the Department has considered the degree of reliance before making changes to a LOI, the Department has considered the following factors: the nature and degree of the reclassification; the type of the activity proposed to take place within or around the subject wetland and transition area; the impact and effect that the proposed activity will have upon the wetlands and transition area; the type and amount of costs incurred by the applicant as a result of their reliance upon the prior LOI; whether the expenses are directly related to projects affected by the revised LOI; and the timing of the costs incurred (whether they were incurred prior to the issuance of the revised LOI).

The Department is seeking recommendations regarding whether these factors are sufficient, require changes and/or whether additional or different factors should be considered as part of a determination of reliance upon a letter of interpretation. All recommendations will be considered and may potentially become criteria for a rule proposal. 

Interested persons may submit written comments until November 3, 2008 to:

Susan Lockwood, Rule Manager
Department of Environmental Protection
Division of Land Use Regulation
501 East State Street
P.O. Box 439
Trenton, New Jersey 08625-0418

The Department of Environmental Protection (Department) requests that commenters submit comments on disk or CDs as well as on paper.  Submission of a disk or CD is not a requirement.  The Department prefers Microsoft Word 6.0 or above.  MacIntosh formats should not be used. Comments may also be submitted by electronic mail to: 

susan.lockwood@dep.state.nj.us.

An informal public meeting for the purpose of taking verbal comments will be held on October 21, 2008 at 1:00 p.m. in:

Public Hearing Room  (First Floor)
New Jersey Department of Environmental Protection
401 East State Street
Trenton, New Jersey 08065