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

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NOTE: All webpages and forms listed on this website are being amended in accordance with the December 18, 2017 rule changes. We will be updating these pages as soon as possible. While these updates are in progress, our web pages may contain inaccuracies. Please refer to the appropriate rule for the most accurate and updated regulations for your activity of concern.


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Freshwater Wetlands - Application Guidance
Repair and Maintenance of an
Existing Structure (General Permit 1)

Overview | Application Guidance | Authorization | Applicable Rules


Overview

General permit 1 (GP1) permits the repair, rehabilitation, replacement, maintenance or reconstruction of a currently serviceable structure, fill, roadway, utility line or active irrigation or drainage ditch, or stormwater management facility within freshwater wetlands or State open waters. They also must have either been lawfully existing prior to July 1, 1988 or have previously received a freshwater wetlands permit from the Department. Essentially, this should be considered a "maintenance" permit, to allow for maintenance of important infrastructure within wetlands and State open waters. It is not intended to allow for the expansion or modification of infrastructure.
Please note that the following restrictions apply for all GP1 applications:

  • No alternative uses are permitted
  • No expansion is permitted
  • No deviations in original design are allowed (See exceptions under the rule)
  • No additional disturbance is permitted

When applying for an authorization under GP1, it is important to note that if the structure, fill, roadway, or utility line is NOT currently serviceable, or if the ditch or stormwater facility is NOT functional and/or under active use, then it is likely that any application for a GP1 authorization for any work within freshwater wetlands and/or State open waters would not be approved by the Division. In these circumstances, an alternate permit should be considered.

Note: Repair and maintenance activities within a freshwater wetlands transition area that satisfy the requirements are not regulated and do not need a permit or transition area waiver if conducted in a freshwater wetlands transition area.


In order to determine whether or not an area of freshwater wetlands, transition areas or State open waters may be disturbed by any proposed activity, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required. The Department offers a “Letter of Interpretation" (LOI), which is a document that may describe if there are wetlands on the property, and if so, where they are located.

A GP 1 may be combined with other general permits or permits provided the total disturbance of all GPs do not exceed the one acre threshold for multiple general permits (see N.J.A.C. 7:7A-5.4).



Application Guidance

This page is for informational purposes only. Please see N.J.A.C. 7:7A-7.1 for the precise rules concerning this general permit.


The most common mistake made when applying for this permit is that a project is not eligible for this permit. As is stated in the overview, this GP is only available for those simple projects for repair and maintenance or in-kind replacement.

For example, if a bulkhead along a pond needed to be replaced, you could do this activity under a GP1, however it would have to be an in-kind replacement in the EXACT same location. You would NOT be allowed under this general permit to place the bulkhead in front of the existing bulkhead, remove the old one, and backfill. This "leapfroging" type of bulkheading would result in a net loss of State open water and is not considered repair and maintenance. This activity would therefore require an individual permit instead of an authorization under GP 1.

All freshwater wetland general permits must comply with all applicable requirements at N.J.A.C. 7:7A-5.7, "Conditions applicable to an authorization pursuant to a general permit-by-certification or a general permit", and N.J.A.C. 7:7A-20.3, "Establishing permit conditions".


Getting a GP1 authorization: 


Applications for most types of GP1 activities must meet all applicable requirements of N.J.A.C. 7:7A-16. However, the ongoing maintenance of an off-stream stormwater management facility created in uplands is subject to an alternative, simplified application process under N.J.A.C. 7:7A-7.1(b).

If you believe that your project will require a GP1, and you do not know how to apply for one, we suggest that you visit "The Permit Process" section of this website for more information. It will give you a general overview on the ins and outs of permitting, and will direct you to the forms necessary to apply. If you intend to apply for multiple freshwater wetland general permits, be advised that there are strict limits combining permits, with a 1-acre cap on disturbance for any one project site for most combinations (see N.J.A.C. 7:7A-5.4).


Note: The Department has, for your convenience, developed an Application Checklist for general permit 1. Please follow carefully the requirements as outlined on this checklist to ensure that you have all information necessary to complete and process your application.

 


Rules

The rules cited in our standard approval letter under "Permit Conditions" for this general permit can be found below.

  • N.J.A.C. 7:7A-7.1 General permit 1- Repair and Maintenance of an Existing Structure
  • N.J.A.C. 7:7A-5.7 Conditions applicable to an authorization pursuant to a general permit-by-certification or a general permit
  • N.J.A.C. 7:7A-20.2  Conditions that apply to all permits
  • N.J.A.C. 7:7A-20.3 Establishing permit conditions

N.J.A.C. 7:7A - Link to entire rule.

Please Note: The Department has made every effort to ensure that the text of this regulation is identical to the official, legally effective version set forth in the New Jersey Administrative Code. However, should there be any discrepancies between the text on this web site and the official version of the rule, the official version will govern. For more information on obtaining official versions of the rules, see How to Get a Copy of Department Rules

 

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