New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 4 - LETTERS OF INTERPRETATION
Section 7:7A-4.3 - Presence/absence LOI

Universal Citation: NJ Admin Code 7:7A-4.3

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

(a) A presence/absence LOI identifies whether any freshwater wetlands, State open waters or transition areas exist on a site, or on a portion of a site (footprint of disturbance). A presence/absence LOI also provides the resource value classification for any wetlands on the site.

(b) A presence/absence LOI does not identify the boundaries or location of any freshwater wetlands, transition areas, and/or State open waters found within a site or portion thereof. To obtain an LOI indicating the location or the boundaries of freshwater wetlands, transition areas, and/or State open waters, an applicant shall apply for a line delineation LOI under N.J.A.C. 7:7A-4.4 , or a line verification LOI under N.J.A.C. 7:7A-4.5 .

(c) The Department shall issue a presence/absence LOI for either of the following:

1. An entire site, regardless of its size; or

2. A portion of a site, also known as a footprint of disturbance, provided the portion is no larger than one acre.

(d) The Department shall issue a presence/absence LOI for more than one portion of a site, provided that:

1. Each portion is no larger than one acre;

2. The applicant submits a separate fee for each portion; and

3. No more than three presence/absence LOIs shall be issued for a single site under this subsection.

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