New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 22 - ENFORCEMENT
Section 7:7A-22.18 - "After the fact" permit
Universal Citation: NJ Admin Code 7:7A-22.18
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Department may issue an "after the fact" permit for a regulated or prohibited activity that has already occurred and that does not meet the standards for approval in this chapter only if all of the following are true:
1. The Department has determined that the
restoration of the site to its pre-violation condition would increase the harm
to a freshwater wetland, transition area, and/or State open water, or its
ecology;
2. The Department has
assessed and collected the costs or damages enumerated in N.J.A.C. 7:7A-22.14
from the violator;
3. The
Department has required the violator to create or restore freshwater wetlands
or State open waters at another location;
4. An opportunity has been afforded for
public hearing and comment; and
5.
The reasons for the issuance of the "after the fact" permit are published in
the DEP Bulletin and in a newspaper of general circulation in the geographic
area of the violation.
(b) The issuance of an "after the fact" permit or waiver under this section shall not limit the Department's ability to pursue any other enforcement action for the violation that is the subject of the "after the fact" permit or waiver.
(c) Any person violating an "after the fact" permit issued under this section shall be subject to enforcement under this chapter.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
