Current through Register Vol. 56, No. 6, March 18, 2024
(a) An individual permit for any activity waterward of the mean high water line is valid for five years from the date of issuance, and may be extended one time for five years pursuant to 7:7-27.3.
(b) An individual coastal wetlands permit cannot be extended.
(c) Except as provided in (d), (e), and (f) below, an individual permit for any activity landward of the mean high water line is valid for five years from the date of issuance.
(d) If construction under an individual permit for an activity landward of the mean high water line commences within five years from the date of issuance and construction must continue beyond five years from the original date of issuance, then the permit shall be valid until the project is completed, provided:
1. The permittee submits a written request for approval to continue construction that is received by the Department no less than 20 working days prior to the five-year expiration date of the permit. Construction may continue while the request is under review;
2. The permittee obtains written approval from the Department to continue construction of the project as authorized under the permit until completion; and
3. Construction beyond the five years from the original date of issuance of the permit does not cease for a cumulative period of one year or longer.
(e) If construction under an individual permit for an activity landward of the mean high water line does not commence within five years from the date of issuance due to circumstances that are beyond the permittee's control or has commenced but will cease for a cumulative period of one year or longer due to circumstances that are beyond the permittee's control, then the permit shall be valid for 10 years from the original permit issuance date, provided:
1. Where construction does not commence within five years from the date of issuance, the permittee submits a written request for approval to commence construction before the end of the period that is 10 years from the original permit issuance date and to continue construction thereafter to completion. The request must be received by the Department no less than 20 working days prior to the five-year expiration date of the permit. Construction may continue while the request is under review;
2. Where construction has commenced within five years from the date of issuance of the permit and the permit continues valid under (d) above, the permittee submits a written request for approval to cease construction and re-commence construction before the end of the period that is 10 years from the original permit issuance date and to continue construction thereafter to completion. The request must be received by the Department no less than 20 working days prior to the date that the cumulative one-year period in (d)3 above would be exceeded. Construction may continue while the request is under review; and
3. The permittee obtains written approval from the Department to, as applicable, commence and continue, or cease and re-commence and continue, construction of the project as authorized under the permit until completion.
(f) The individual permit for an activity landward of the mean high water line for which the Department issued approval under (e) above shall expire if construction either does not commence or does not re-commence after cessation, whichever is contemplated by the approval, before the end of the period that is 10 years from the original permit issuance date. However, if construction does commence or re-commence before the end of that 10-year period and construction must continue beyond that 10-year period, then the permit shall be valid until the project is completed, provided:
1. The permittee submits a written request for approval to continue construction that is received by the Department no less than 20 working days prior to the 10-year expiration date of the permit. Construction may continue while the request is under review;
2. The permittee obtains written approval from the Department to continue construction of the project as authorized under the permit until completion; and
3.Construction beyond the 10 years from the date of issuance of the permit does not cease for a cumulative period of one year or longer.
(g) All regulated activities authorized by an individual permit shall immediately cease if the permit expires, including any extension thereof under 7:7-27.3. If a person intends to commence or continue regulated activities that had been authorized under an individual permit that has expired, the person shall obtain a new individual permit under this chapter authorizing the regulated activities.
1. If no regulated activities have occurred prior to the expiration of the individual permit, the Department shall issue a new individual permit only if the project is revised where necessary to comply with the requirements of this chapter in effect when the application for the new individual permit is declared complete for review.
2. If any regulated activities have occurred prior to the expiration of the individual permit, the Department shall issue a new individual permit only if the project is revised where feasible to comply with the requirements of this chapter in effect when the application for the new individual permit is declared complete for review. In determining the feasibility of compliance with the requirements in effect at the time the application is declared complete for review, the Department shall consider the amount of construction that has been completed prior to the expiration of the original individual permit, the amount of reasonable financial investment that has been made in the original design consistent with the requirements applicable under the original individual permit, and whether continuing construction as approved under the original individual permit would have an adverse impact on the environment.
