New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 17 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION
Section 7:7A-17.1 - Purpose and scope

Universal Citation: NJ Admin Code 7:7A-17.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) An applicant shall provide public notice in accordance with this subchapter for the following:

1. An application for a letter of interpretation, including the extension of a letter of interpretation, pursuant to N.J.A.C. 7:7A-4;

2. An application for an authorization under a general permit-by-certification pursuant to N.J.A.C. 7:7A-5 and 6;

3. An application for an authorization under a general permit pursuant to N.J.A.C. 7:7A-5 and 7, except for general permit 15 for mosquito control activities at N.J.A.C. 7:7A-7.15, which is subject only to the notice requirements found at N.J.A.C. 7:7A-7.15(f);

4. An application for an individual freshwater wetland permit or open water fill permit pursuant to N.J.A.C. 7:7A-9 and 10;

5. An application for a transition area waiver pursuant to N.J.A.C. 7:7A-8;

6. A mitigation proposal pursuant to N.J.A.C. 7:7A-11, which is not submitted as part of a permit application; and

7. An application for a major technical modification pursuant to N.J.A.C. 7:7A-20.6.

(b) A person who requests a reconsideration of the Department's action or inaction concerning a permit under N.J.A.C. 7:7A-13 shall provide public notice in accordance with N.J.A.C. 7:7A-13.1(i)3.

(c) An applicant is not required to provide public notice for the following:

1. A request for an exemption letter pursuant to N.J.A.C. 7:7A-2.6;

2. An application for an emergency authorization pursuant to N.J.A.C. 7:7A-14;

3. An application for an administrative modification or a minor technical modification pursuant to N.J.A.C. 7:7A-20.6; or

4. The transfer of a permit pursuant to N.J.A.C. 7:7A-20.5.

(d) When a proposed regulated activity or project requires more than one approval under this chapter, or requires, in addition, an approval under the Coastal Zone Management rules at N.J.A.C. 7:7, and/or the Flood Hazard Area Control Act rules at N.J.A.C. 7:13, an applicant may provide combined public notice for all applications submitted, provided the combined notice meets all of the notice requirements applicable to each application.

(e) Failure to provide public notice as required under this subchapter shall be cause for the Department to cancel an application under N.J.A.C. 7:7A-19.8.

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