Current through Register Vol. 56, No. 18, September 16, 2024
(a) A person with a project or activity which
qualifies for an exemption under this subchapter may obtain a letter from the
Department certifying that an activity is exempt. The letter will be based on
the information required by this section, and will be void if the information
submitted is not complete and accurate, if the approval upon which it was based
becomes invalid for any reason, or if the project or activity is not carried
out as represented in the submittal(s) to the Department. This exemption will
remain valid for the duration of the approval upon which it was
based.
(b) To apply for an
exemption letter for a farming, silviculture, or ranching exemption under
N.J.A.C.
7:7A-2.4(c), an applicant
shall submit the following:
1. Certification
of farmland assessment eligibility under the New Jersey Farmland Assessment
Act, N.J.S.A. 54:4-23.1 et seq. The Department will accept a copy of the
applicant's tax bill showing farmland assessment to document this
requirement;
2. A site plan or
other drawing, and description of all activities for which the exemption is
requested, including the location, total area of the existing and proposed
activities, the types of farming, silviculture, or ranching, best management
practices currently employed or to be employed, the site conditions in the area
in which the activity would take place, the size, location, and use of all
proposed dwellings or structures, and the length of time the operation has been
ongoing;
3. A copy of the farm
conservation plan, as developed in conjunction with the Natural Resource
Conservation Service and approved by the Soil Conservation District, as
appropriate; and
4. The fee
specified in N.J.A.C. 7:7A-18.
(c) To apply for an exemption letter for a
normal silviculture activities exemption pursuant to
N.J.A.C.
7:7A-2.4(d), an applicant
shall submit the following:
1. A copy of a
forest management plan approved by the State Forester which includes the size
of the site, the length of time required to complete the project, and a
detailed description of the activities to take place in wetlands, transition
areas, and/or State open waters, including the best management practices to be
employed and the location and detailed plans for any proposed forest road(s);
and
2. The fee specified in
N.J.A.C. 7:7A-18.
(d) To
apply for an exemption letter for a transition area exemption pursuant to
N.J.A.C.
7:7A-2.4(f), an applicant
shall submit the following:
1. A folded copy
of the preliminary local approval of the site plan or subdivision, including a
copy of the site plan or subdivision itself and a copy of the resolution
approving the site plan or subdivision;
2. A letter from a municipal official with
knowledge of and authority over the approval, including the following:
i. A statement that the site plan or
subdivision approval is still within the period of protection from zoning
changes provided for in the Municipal Land Use Law; or if the period of
protection has expired, that there have been no changes to the municipal land
use ordinances since the approval that would prohibit construction of the
project; and
ii. A statement that
the municipal approval that forms the basis for the exemption is still valid;
and
3. The fee specified
in N.J.A.C. 7:7A-18.
