New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS
Section 7:7A-20.6 - Modification of an authorization under a general permit, a transition area waiver, or an individual permit

Universal Citation: NJ Admin Code 7:7A-20.6

Current through Register Vol. 56, No. 24, December 18, 2024

(a) A transition area waiver that is valid in accordance with N.J.A.C. 7:7A-8.5, an authorization under a general permit that is valid in accordance with N.J.A.C. 7:7A-5.6, or an individual permit that is valid in accordance with N.J.A.C. 7:7A-9.2, may be modified in accordance with this section through an administrative modification, a minor technical modification, or a major technical modification. An authorization under a general permit-by-certification shall not be modified. A modification of an authorization under a general permit, a transition area waiver, or an individual permit may be requested by a permittee or, in the cases set forth at (h) below, the Department may modify a permit on its own initiative.

(b) The term of a waiver, an authorization under a general permit, or an individual permit shall not be extended by a modification.

(c) An administrative modification of a waiver, an authorization under a general permit, or an individual permit applies to a change to a site plan or other document on which the original waiver, authorization under a general permit, or individual permit was based, but which does not alter the design or layout of the project or affect the wetland limits. An administrative modification may include:

1. Correcting a drafting or typographical error on a site plan or report;

2. Improving topographical or other data in order to make the waiver, authorization under a general permit, or individual permit more accurately reflect the site, the extent of regulated areas, and/or the permitted activities; or

3. Adding notes, labels, or other clarifying information to the approved site plan, if required to do so by the Department or another government entity.

(d) A minor technical modification of a waiver, an authorization under a general permit, or an individual permit applies to a change in the design or layout of a project, including any associated change to an approved site plan or other document, that the applicant demonstrates does not result in new or additional impacts to the wetland or transition area. A minor technical modification may include:

1. A change in materials or construction techniques;

2. A reduction in the amount of development on the site, such as deletion of a permitted structure or activity, or a reduction in the footprint of a regulated activity or project;

3. A change in the size, shape, or location of the regulated activities or project, provided the total area of disturbance does not increase.

(e) A major technical modification of a waiver, an authorization under a general permit, or an individual permit applies to any change in regulated activities or project authorized pursuant to the waiver, authorization, or individual permit, including any associated change to an approved site plan or other document, which is not addressed under (c) or (d) above and that does not require a new permit in accordance with (f) below.

(f) Notwithstanding any other provision in this section, the Department shall not issue a modification of a waiver, an authorization under a general permit, or an individual permit if the Department determines that the person requesting the modification proposes changes that will constitute a substantial redesign of the regulated activities or project or that will significantly increase the environmental impact of the regulated activities. In such a case, the applicant shall submit a new application for a waiver, an authorization, or an individual permit in accordance with N.J.A.C. 7:7A-16 and the Department shall review the application in accordance with N.J.A.C. 7:7A-19. Changes for which a new application shall be submitted include:

1. A change to the basic purpose or use of a regulated activity or project, such as a change from the construction of a hospital to the construction of an apartment complex;

2. An expansion of a regulated activity or project beyond that which was described in the public notice of the application provided in accordance with N.J.A.C. 7:7A-17;

3. A substantial redesign of the regulated activity or project such that the Department determines a new engineering analysis of the site and/or regulated activity or project is necessary;

4. A significant change in the size or scale of the regulated activity or project, including the addition of structures;

5. A significant change in the impact of the regulated activity or project on any wetland or transition area; or

6. A change that would result in impacts to a site not owned or controlled by the permittee.

(g) The modified transition area waiver, modified authorization under a general permit, or modified individual permit, including all conditions listed therein, shall be recorded within 30 calendar days of receipt by the person requesting such modification, with the Office of the County Clerk (the Registrar of Deeds and Mortgages, if applicable) of each county in which the site is located. Where the site subject to the modified waiver, modified authorization under a general permit, or modified individual permit is located within two or more counties, the modified waiver, authorization, or permit shall be recorded within 90 calendar days of receipt. Upon completion of all recording, a copy of the recorded modified verification, authorization, or permit shall be forwarded to the Division of Land Use Regulation at the address set forth at N.J.A.C. 7:7A-1.4.

(h) The following are causes for which the Department may modify an authorization under a general permit, a transition area waiver, or an individual permit, on its own initiative:

1. The permittee proposes substantial changes or additions to the permitted activity, and these changes or additions justify conditions that are not in the existing permit or waiver;

2. The Department receives information that was not available at the time the permit was issued (other than revised regulations, guidance, or test methods), which would have justified different conditions at the time of issuance. This includes information indicating that cumulative environmental effects of issued permits are unacceptable;

3. Circumstances relating to the permitted activity have changed since the permit was issued and justify changed conditions;

4. Cause exists for the Department to terminate the permit under N.J.A.C. 7:7A-20.9, but the Department determines that a modification will ensure that the project complies with this chapter;

5. The standards or rules on which the permit was based have been amended, or changed by judicial decision, after the permit was issued; or

6. The ownership or operational control of the site has been transferred to a person other than the permittee, the permitted activities are not completed, and the permittee has not applied for a transfer as required under N.J.A.C. 7:7A-20.5.

(i) If the Department intends to modify a permit, the Department shall notify the permittee in writing. The notice shall:

1. State the reasons for the modification;

2. Order the permittee to immediately stop the activities that had been authorized under the permit; and

3. Notify the permittee of the right to request a meeting with the Department within 10 days of the permittee's receipt of the notice.

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