Current through Register Vol. 56, No. 24, December 18, 2024
(a) The fee for a pre-application meeting,
pursuant to N.J.A.C. 7:38-8, shall be $ 500.00, except that there is no fee
required for the New Jersey Department of Transportation.
(b) The application fee for Highlands
Applicability Determinations (including exemptions) shall be:
1. $ 100.00 for individual applicants
proposing development costing $ 100,000 or less;
2. $ 100.00 for municipalities;
3. $ 100.00 for applicants seeking a
determination for any of the activities contained at
N.J.A.C.
7:38-2.4(b);
4. No fee for applications submitted by the
New Jersey Department of Transportation; and
5. $ 750.00 for all applicants who do not
meet the requirements in (b)1 through 4 above.
(c) The fee for the review of an HRAD
pursuant to N.J.A.C. 7:38-4shall be:
1. For a
footprint of disturbance under
N.J.A.C.
7:38-4.1(c)1, $ 500.00 plus
$ 50.00 per acre for the entire site;
2. For a boundary delineation under
N.J.A.C.
7:38-4.1(c)2, $
500.00;
3. For a boundary
verification under
N.J.A.C.
7:38-4.1(c)3, $ 750.00 plus
$ 100.00 per acre for the entire site.
(d) The fee for an HPAA pursuant to N.J.A.C.
7:38-6shall be:
1. For projects with a
completed HRAD, $ 2,500 plus $ 50.00 per acre, or any fraction thereof, of
Highlands resource areas to be affected;
2. For projects without a completed HRAD, the
fee is $ 3,250 plus $ 100.00 per acre, or any fraction thereof for the entire
property.
(e) In addition
to the fee in (d) above, the fee for a Highlands Preservation Area Approval
that requires a stormwater review in accordance with
N.J.A.C. 7:38-6.1(d)
shall be:
1. For all projects requiring review of
stormwater calculations: $ 2,000;
2. Additional fee for the review of
groundwater recharge calculations, pursuant to
N.J.A.C.
7:8-5.4(b)1, per land area
disturbed by the project:
i. Less than three
acres: $ 500.00;
ii. Three to 10
acres: $ 1,000;
iii. More than 10
to 100 acres: $ 2,000;
iv. More
than 100 acres: $ 4,000;
3. Additional fee for the review of runoff
quantity calculations, pursuant to
N.J.A.C.
7:8-5.6(b), per land area
disturbed by the project:
i. Less than three
acres: $ 500.00;
ii. Three to 10
acres: $ 1,000;
iii. More than 10
to 100 acres: $ 2,000;
iv. More
than 100 acres: $ 4,000; and
4. Additional fee for the review of water
quality calculations, pursuant to
N.J.A.C.
7:8-5.5, per area of added impervious surface
(including any previously-unconnected impervious surfaces that are proposed to
be connected):
i. Less than one acre: $
500.00;
ii. One to three acres: $
1,000;
iii. More than three to 10
acres: $ 2,000;
iv. More than 10
acres: $ 4,000;
(f) In addition to the fee in (d) above, the
fee for a Highlands Preservation Area Approval that includes disturbance within
the areas regulated under the Flood Hazard Area Control Act rules (N.J.A.C.
7:13) shall be calculated in accordance with the stream encroachment fee table
at N.J.A.C. 7:1C-1.5(a)4.
(g) In
addition to the fee at (d) above, the fee for an HPAA that includes a water
supply review shall be:
1. For any person
with the capability to, but who does not, divert more than 50,000 gallons per
day, an initial registration fee of $ 400.00; each person who holds a valid
water use registration shall pay an annual fee of $ 200.00;
2. For any person who applies for a new
permit or a major modification of an existing permit, the applicable initial or
modification fee based on the class of the allocation listed below. An
applicant for a permit shall be placed in the appropriate class based on the
total amount of the approved monthly allocation, and a 31-day month:
Initial Application, Major Modification, and Annual (water
purveyor, remediation activity, or allocation less than or equal to 50 percent
Consumptive Use) Permit Fee Classes
| i. | Class 1: | 1.55 million gallons per
month (mgm) to less than |
| 15.5 mgm; |
| ii. | Class 2: | 15.5 mgm to less than
31.0 mgm; |
| iii. | Class 3: | 31.0 mgm to less than
62.0 mgm; |
| iv. | Class 4: | 62.0 mgm to less than
155 mgm; |
| v. | Class 5: | 155.0 mgm to less than
310.0 mgm; and |
| vi. | Class 6: | 310.0 mgm and
above. |
Annual (Non purveyor allocation >50 percent Non-potable
and >50 percent Consumptive) permit fee
| i. | Class 1C: | 1.55 mgm to less than
6.2 mgm; |
| ii. | Class 2C: | 6.2 mgm to less than
9.3 mgm; |
| iii. | Class 3C: | 9.3 mgm to less than
12.4 mgm; |
| iv. | Class 4C: | 12.4 mgm to less than
15.5 mgm; |
| v. | Class 5C: | 15.5 mgm to less than
18.6 mgm; and |
| vi. | Class 6C: | 18.6 mgm and
above; |
3.
For the purpose of assessing the fees, the following shall apply:
i. If any groundwater diversion in excess of
1.55 million gallons per month is included in a permit, the initial application
or major modification fee for the permit shall be computed using the
groundwater schedule set forth in at (d)3vi below, accounting for the total
monthly allocation from all sources within the scope of the permit. Except as
provided in (d)3iii below, the annual fee shall be computed using the
groundwater schedule set forth in (d)3vii below.
ii. A diversion from a pond fed primarily by
groundwater is considered a groundwater diversion.
iii. For a non-purveyor allocation, of which
more than 50 percent is approved for non-potable purposes and of which more
than 50 percent is a consumptive use, the annual fee for the permit shall be
based upon the source of the largest component of the monthly allocation,
accounting for the total allocation from all sources within the scope of the
permit, and computed using the fee schedule set forth below at
(d)3viii.
iv. The applicant shall
pay in full, upon issuance of the permit, any hearing costs. If the application
has been withdrawn after the public hearing or if the application is denied,
the hearing costs shall be paid by the applicant on or before the specified due
date of the invoice.
v. The
successful applicant shall refer to N.J.A.C. 7:19-3for annual fee
requirements.
vi. Initial
application and permit modification fees in dollars ($):
| Class 1 | Class
2 | Class 3 | Class
4 | Class 5 | Class 6 |
| (1) | Surface
water | 5,745 | 6,470 | 8,345 | 14,385 | 15,715 | 17,050 |
| diversions |
| (2) | Ground
water | 7,190 | 8,070 | 10,425 | 17,980 | 19,585 | 20,915 |
| diversions |
| (3) | Ground
and | 3,430 | 4,590 | 5,745 | 6,905 | 7,970 | 9,040 |
| surface water |
| diversions in |
| which waters are |
| returned |
| undiminished to |
| the source |
| (4) | De-watering | 6,985 | 6,985 | 6,985 | 17,850 | 17,850 | 17,850 |
| diversions |
vii.
Annual fees ($) for water purveyor, remediation activity, or allocation less
than or equal to 50 percent consumptive:
| Class 1 | Class 2
| Class 3 | Class
4 | Class 5 | Class 6 |
| (1) | Surface
water | 2,770 | 3,245 | 5,560 | 9,585 | 12,250 | 14,915 |
| diversions |
| (2) | Ground
water | 3,725 | 4,305 | 6,945 | 11,990 | 14,655 | 17,320 |
| diversions |
| (3) | Ground
and | 1,215 | 1,990 | 3,830 | 4,605 | 5,380 | 6,145 |
| surface water |
| diversions in |
| which waters are |
| returned |
| undiminished to |
| the source |
| (4) | De-watering | 3,620 | 3,620 | 3,620 | 11,900 | 11,900 | 11,900 |
| diversions |
viii.
Annual fees ($) (non-purveyor allocation greater than 50 percent non-potable
and >50 percent consumptive use):
| Class 1C | Class
2C | Class 3C | Class
4C | Class 5C | Class 6C |
| (1) | Surface water |
| diversions |
| (A) | Storm
water | 3,300 | 3,630 | 3,995 | 4,395 | 4,830 | 5,315 |
| capture |
| (B) | Stream, | 3,960 | 4,355 | 4,790 | 5,270 | 5,795 | 6,375 |
| high-flow |
| skimming |
| (C) | Direct | 8,420 | 9,265 | 10,190 | 11,210 | 12,330 | 13,565 |
| surface water |
| (2) | Ground water |
| diversions |
| (A) | Unconfined/semi-confined | 8,420 | 9,265 | 10,190 | 11,210 | 12,330 | 13,565 |
| aquifer |
| (B) | Confined
aquifer | 10,105 | 11,115 | 12,225 | 13,450 | 14,795 | 16,275 |
(3) In addition
to the annual fees applicable for Class 6C in (d)3viii(1) and (2) above, an
additional consumption fee of $ 2,500 for each 3.1 mgm increment in allocation
over 18.6 mgm shall be charged; however, in no case shall the annual fee for
any one permit in Class 6C exceed $ 35,000.
(h) In addition to the fee at (d)
above, the fee for an HPAA that includes a waiver in accordance with N.J.A.C.
7:38-6shall be:
1. For a waiver in accordance
with
N.J.A.C.
7:38-6.6:
i.
For a brownfield designation, $ 500.00;
ii. For a waiver for redevelopment, $
250.00;
2. For a waiver
in accordance with
N.J.A.C.
7:38-6.7 and 6.9, $ 500.00;
3. For a review of taking without just
compensation in accordance with
N.J.A.C.
7:38-6.8, $ 2,000; and
4. For a Water Quality Management Plan
amendment, $ 1,000.
(i)
The application fee for Highlands general permits shall be as follows:
1. No fee for Highlands general permit 1 at
N.J.A.C.
7:38-14.1; and
2. $ 500.00 for Highlands general permit 2 at
N.J.A.C.
7:38-14.2.
(j) To renew an HRAD, the fee shall be 25
percent of the original fee or $ 250.00 whichever is larger.
(k) To renew an HPAA, the fee shall be $
1,000.
