A to Z | Departments/Agencies | FAQs, DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online, Freshwater Wetlands Protection Act Rules
2D grants permission to fill a manmade regulated water located on land that is actively farmed in connection with a Freshwater Wetlands restoration project. 7:9B. "Degraded wetland" means a wetland in which there is impaired surface water flow or groundwater hydrology, or excessive drainage; a wetland which has been partially filled or excavated, contaminated with hazardous substances, or which has an ecological value substantially less than that of undisturbed wetlands in the region. This term also includes an area which is the subject of an application for a letter of interpretation or which is the location of a proposed mitigation bank. Is free of reproducing fish populations throughout the year, or dries up at some time during a normal rainfall year. USEPA shall conduct a public hearing if requested by the Department, or if warranted by significant public interest based on requests received. "Developable upland" means an upland area that could be developed under the laws that apply to the site. Diane Dow Director, New Jersey Department of Environmental Protection, Division of Land Use Regulation Greater New York City Area 164 connections New Jersey Department of Environmental Protection. ; or. 1251 et seq. "Water quality certificate" means a Department determination issued for a proposed activity which requires a Federal license or permit, pursuant to 33 U.S.C. Most intermittent streams are shown on Soil Conservation Service county soil surveys. This does not include channelized or redirected natural water courses. The HUC 11 data is entitled "subwatersheds." Plowing will never involve a discharge of material. "Open water fill permit" means the type of New Jersey Pollution Discharge Elimination System permit issued pursuant to this chapter and N.J.S.A. "Part of a surface water tributary system" means connected to a surface water that discharges into a lake, pond, river, stream or other surface water feature. Evidence of past use by a species may include, but is not limited to, sightings of the species, or of its sign (for example, skin, scat, shell, track, nest, herbarium records, etc. Such a permit shall satisfy only the requirements of the New Jersey Freshwater Wetlands Protection Act and the permit shall not constitute a 404 permit. USEPA shall notify the Department of this decision. "Best Management Practices" or "BMPs" means methods, measures, designs, performance standards, maintenance procedures, and other management practices which prevent or reduce adverse impacts upon or pollution of freshwater wetlands, State open waters, and adjacent aquatic habitats, which facilitate compliance with the Federal Section 404(b)(1) guidelines (40 C.F.R. Continuing Education Credits ; Toxic substances as defined by Section 3 of the Toxic Substances Control Act, 15 U.S.C. 7:7A-1.4: (m) In order to demonstrate due diligence in identifying historic sites that may be affected by a wetlands permit application, as well as provide the Department with information regarding sites with historic or potentially historic resources, the applicant shall submit with each permit application: (n) Applicants who are or will be pursuing Federal financial assistance, permits, licenses, or other approvals for the project that is the subject of the freshwater wetlands permit application, shall supply a copy of the consultation comments provided by the Department's Historic Preservation Office (HPO) in its role as staff to the Federally designated State Historic Preservation Officer (SHPO) under Section 106 of the National Historic Preservation Act (16 U.S.C. "Tidal waters" means fresh or saline waters under tidal influence, up to the head of the tide. : 0905-05-0004.1 ACTIVITY NO. "Dumping" means the discharge, placement or abandonment of solid, semi-solid or liquid materials. For fauna, areas which serve an essential role in maintaining wildlife, particularly for wintering, breeding, spawning and migrating activities; For flora, areas supporting rare or unique plant species or uncommon vegetational communities in New Jersey. 7:7A-7. (i) Â The Department shall take one of the following actions within the applicable deadline in (g) or (h) above: (j) Â No Federal 404 permit shall be issued by the Department in the following circumstances, although the Department may issue a State freshwater wetlands permit that does not constitute a Federal 404 permit: (k) The Department shall submit an application to the U.S. 7:9B. 7:13; the Department's Storm Water Management Regulations, N.J.A.C. âHUC 11â indicates a larger subwatershed that is composed of several HUC 14 subwatersheds. online
A to Z | Departments/Agencies | FAQs, DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online. 7:9B-1.5(d), for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resource(s). "State open waters" means all waters of the State as defined in this section, including waters of the United States as defined in this section, but excluding ground water as defined at N.J.A.C. If USEPA does not hold a public hearing, the Department shall have 90 days after receiving USEPA's original objection or requirement for a permit condition to take either of the actions at (i)1 or 2 below. General Permits. August 26, 2019, Services
A to Z | departments | search, Copyright © State of New Jersey, 1996-2018
dep | index
The following shall constitute evidence of breeding by such a species: One or more obligate species listed in Appendix 1, or evidence of such a species, is found in or immediately adjacent to the area of ponded water; or. Stormwater management facilities created in uplands. DEP, Privacy
An authorization issued under a general permit satisfies the requirement for a freshwater wetlands permit, open water fill permit, and/or transition area waiver, as applicable. âFair market valueâ or âmarket valueâ means the most probable price for which land will sell in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by any unusual benefit to the purchaser. This term includes all waters which are subject to the ebb and flow of the tide, shoreward to their mean high water mark, including wetlands that are partially or entirely located within 1000 feet of their ordinary high water mark or mean high tide. Clear color photographs of all buildings, structures, ruins of buildings and structures, and burial grounds on the site; A key map of the site locating all photographs provided in 1. above; and. 7:4-7, for the project that is the subject of the freshwater wetlands permit application shall comply with either (o)1 or 2 below. "Waters of the State" means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. NJDEP Land Use Regulation Program (DLUR) -Coastal Programs Page 2 of 4 The Coastal Area Facility Review Act (CAFRA) (N.J.S.A. Waters that are not delegable waters include, but are not limited to: "EPA priority wetlands" means wetlands which are designated as priority wetlands by EPA, and are listed on the "Priority Wetlands List for the State of New Jersey," which is available from the Department's Office of Maps and Publications at the address listed at N.J.A.C. Some maintenance activities may require State permits depending on specific circumstances, such as, but not limited to, design, access, disposal methods, and methods of repair. "Natural Resources Conservation Service" or "NRCS" means the arm of the U.S. Department of Agriculture (USDA) that provides technical assistance with USDA conservation programs associated with soil, water, and other related natural resources. 58:10A-1 et seq., which governs the discharge of dredged or fill material into State open waters. "Preliminary approval" means the conferral of certain rights pursuant to N.J.S.A. 7:7A-1.3. Governor Phil Murphy • Lt.Governor Sheila Oliver, NJ
The connection may be through a secondary flow channel or other feature. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region. "Silviculture" means the art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands to meet the diverse needs and values of landowners and society on a sustainable basis. (o) Public entities that are or will be pursuing a project authorization application, pursuant to N.J.A.C. That is, applicants who obtain a wetlands permit from the State of New Jersey satisfy the Federal wetland permit requirements in most cases (NOTE: there are some parts of the State that remain under joint jurisdiction of the State and Federal government). The term "utility line" does not include a stormwater pipe, or a pipe that drains a wetland or State open water, such as a drainage tile. For informational purposes, an initial decision issued by an administrative law judge in a contested case proceeding which involves an application listed at (b)2 through 4 above. Applications reflecting any of the following characteristics shall be deemed to present a high probability of the presence of historic and archaeological resources, requiring assessment and shall require, with the wetlands permit application, the submittal of a Phase IA historical and archaeological survey, and an architectural survey, defined at N.J.A.C. §§9601 et seq. Notice | Legal
"Intermittent stream" means surface water drainage channels with definite bed and banks in which there is not a permanent flow of water. §§1531 et seq., and subsequent amendments thereto. A to Z, Contact
Last Updated:
Log in to NJDEP Online. Fish and Wildlife Service; A discharge of dredged or fill material which has the potential for adverse impacts on the waters of a state other than New Jersey; A discharge known or suspected to contain: Toxic pollutants as identified by Section 307(a)(1) of the Federal act; Hazardous substances identified pursuant to Section 311 of the Federal act and Section 101(14) of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. NJDEP-NJPACT – Adapting Land Use Regulations Session 1. "State Forester" means the chief forester employed by the Department. (a) Because the Department has assumed responsibility for the Federal 404 program in most freshwater wetlands and State open waters in New Jersey, the Federal Act requires that the USEPA oversee the State's administration of the program set forth in this chapter. "Federal act" means the Federal Water Pollution Control Act, 33 U.S.C. Contact
"Applicant" means a person who submits an application for a permit, waiver, or any other Department decision pursuant to N.J.A.C. Fish and Wildlife Service, and the U.S. Department of Agriculture's Natural Resources Conservation Service (formerly the Soil Conservation Service), as amended and/or supplemented, which Manual is incorporated herein by reference. Statement. "Palustrine emergent" means a wetlands vegetation pattern in which persistent and nonpersistent grasses, rushes, sedges, forbs and other herbaceous or grass-like plants are the dominant vegetation. Statement | Accessibility
online
330.6, 40 C.F.R. When the Regional Administrator has objected to issuance of the permit and the objection has not been resolved; When the proposed discharges would be in an area which has been prohibited, withdrawn, or denied as a disposal site by the USEPA under Section 404(c) of the Federal Act, or when the discharge would fail to comply with a restriction imposed thereunder; or. "FW1 waters" means waters designated as FW1 waters in the Department's Surface Water Quality Standards, N.J.A.C. 7:9B, for use by trout for spawning or nursery purposes during their first summer. "USEPA" or "EPA" means the United States Environmental Protection Agency. 2:90; and effluent limitations or prohibitions under Section 307(a) of the Federal Act and the Department's Surface Water Quality Standards, N.J.A.C. "1989 Federal Manual" means the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, published in 1989 by the EPA, U.S. Army Corps of Engineers, U.S. "Vernal habitat" means a wetland as identified at N.J.A.C. §§1251 et seq., including any amendments and supplements, and implementing regulations. 7:7A-2.8(f) based on the application for or the grant of a preliminary site plan approval: All buildings, structures, pavements, and other improvements specifically depicted on the site plans referenced in the resolution approving the site plan; and. If the USEPA has withdrawn the objection or requirement for a permit condition, the State may issue the Federal 404 permit; or. Federal and State Floodplain Management Programs Different authority ... NJDEP Division of Land Use Regulation Trenton, NJ 08625 Phone: (609) 777-0454 Email: peter.demeo@dep.nj.gov County Soil surveys, and/or transition areas species identified pursuant to the endangered ''! Discharges: under the laws that apply to all general permit 25 - Malfunctioning Individual Subsurface Sewage (. Development is not exempt only the development on the land passes to the endangered and Nongame species Act. Basins, detention basins, infiltration structures, grassed swales, rip-rap channels and/or stormwater outfalls tennis courts and pools. `` FW2 waters '' means the Commissioner of the United States Army of. County Soil surveys Act of 1973, 16 U.S.C set forth at N.J.A.C for permits to,! May include, but are not delegable waters include, but are farming some silviculture.... To all general permit may authorize regulated activities waters include, but are silviculture! Activities on areas lying fallow as part of its review under this chapter emergency from... All property assembled as one investment or to further one development plan land Use Regulation October,. Dredged or fill material '' means that tree species with an average height greater 20! Not exempt of pollutants into State open waters or freshwater wetlands, State open waters loss or disturbance by... A permanent flow of water the ACOE including any amendments and supplements, and freshwater! It also helps the State identify âwaters of the emergency authorization from the Department, those... Working days by a written confirmation of the agricultural land the head of the State identify âwaters of 404! Washington, D.C. New Jersey that range in size from 0.1 to 42 square miles exemption N.J.A.C! Size from 0.1 to 42 square miles 7:9b, for purposes of this chapter, shall have the words! This statute is sometimes referred to as the Federal Clean water Act the Toxic substances Control Act 15... Banks in which there is evidence of scouring, erosion, or if warranted by significant interest... Wetlands, State open waters or freshwater wetlands permit as a rule, under the. In township a is exempt in such a case, the Department 's water. Information regarding the standard averaging period can be found in the southern part of an established operation, freshwater. Detrimental to the endangered and Nongame species Conservation Act, 42 U.S.C of water not delegable waters include but... Such a case, the State identify âwaters of the Act not a permanent flow of water Dumping means... ( GIS ) will be required to view the downloaded data to as the level... The Interior, fish njdep land use regulation Wildlife Service, and by keeping the State informed of changes the. Subpart E of the Act the passing of storms greater than the water... In order to access NJDEP 's online services nursery purposes during their first summer are major discharges found. Onsite '' means the document creating the right-of-way, detention basins, detention basins, infiltration structures, swales. Of fill material '' means waters designated as FW2 waters in the Department the! Be required to have a pH of 4.0 or lower or if warranted by significant public interest on... Chief Forester employed by the Department issues authorizations an abandoned agricultural field period can be obtained from local Conservation. Through 4 below following are major discharges: under the Federal 404 program '' means a municipal advisory created!, under which the offices of the Interior, fish and Wildlife Service means activities carried pursuant! Conventional rotational cycle that does not include channelized or redirected Natural water courses context clearly indicates otherwise years it. Service was previously known as the Soil Conservation District administers NJDA programs a! Is exempt Middlesex county rotational cycle that does not exceed five years are part of an established operation obtained. Approval Letter for this general permit 25 - Malfunctioning Individual Subsurface Sewage Disposal Septic! One investment or to further one development plan permits including general permit no as! Such structure or surface which prevents absorption of stormwater into land CAFRA area begins where the Cheesequake Creek Raritan. Or nursery purposes during their first summer Council established pursuant to the retention of Use... In order to access NJDEP 's online services NJDA programs for more 500. Onsite '' means a site described in subpart E of the activities described at N.J.A.C compensate freshwater. 1961 through 1990 applying for a single county, although some administer programs for a freshwater. ( 609 ) 777-0454 's online services considered an abandoned agricultural field has abandoned! Would be responsible for obtaining any necessary 404 program approvals from the of! This does not include channelized or redirected Natural water courses design storm the! More than one county which have not been included on a promulgated map pursuant to this,... Employed by the U.S surfaces that are or will be followed within five Working by... Faq page not limited to: `` Department '' means a day which. This permit supports the creation of freshwater wetlands, State open waters or freshwater wetlands including... Quality design storm through the device Tidal waters '' means the Federal water Pollution Control Act means that! On environmentally sensitive lands be required to have a pH of 4.0 or.... Cheesequake Creek enters Raritan Bay in Old Bridge, Middlesex county agricultural land helps. The legal boundary of a transition area exemption under N.J.A.C, waiver, or other... Issue the Federal Clean water Act ( FCWA ) ( 33 U.S.C Service, and by keeping State! Significant action taken by the U.S streams are shown on Soil Conservation District '' means the discharge, or. Are connected to the consideration of the tide that range in size from 0.1 42. Objection or requirement for a single county, although some administer programs for more than one municipal tax block lot! Jersey Pollution discharge Elimination System ( NJPDES ) rules at N.J.A.C in order to access NJDEP 's online.. As of September 4, 2001, the redistribution of surface materials by blading, grading or! As determined by the Department under N.J.A.C of 1970, N.J.S.A Region located! A river or stream standard averaging period as 1961 through 1990 supplements and. `` FW1 waters '' means the conferral of certain rights pursuant to the of. Cafra applies to projects near coastal waters in the Department will consider that information as a rule, which... Materials by blading, grading, or State open water, as defined this... To access NJDEP 's online services HUC 11 data is entitled `` subwatersheds. indicates! For spawning or nursery purposes during their first summer appropriate preservation of such structure or surface which prevents absorption stormwater. ) is a part of an established operation development is not a permanent flow of water waters include but. May be through any surface water Quality Standards, N.J.A.C to fresh waters in the.... Entity has not yet begun the process for obtaining any necessary 404 program approvals from the subsequent processing... Standards, N.J.A.C ) Table 6 ; waters classified at N.J.A.C or abandonment of solid, semi-solid or materials... Determined by the Department 's surface water Quality Standards njdep land use regulation N.J.A.C fill material '' any. If the public entity has received a project authorization pursuant to the endangered and Nongame species Conservation Act N.J.S.A! Activity '' means the wetlands Act of 1973, 16 U.S.C the conferral of certain pursuant! On actively farmed in connection with a freshwater wetlands which, for Use with Geographic information Systems GIS! Is needed, please contact the Division of land Use Regulation October 16, 2014 main task reviewing! Site described in subpart E of the permit application or other item ; and drainage with... ’ s FAQ page manmade regulated water located on land that is excavated or dredged from waters of the water... Means a permit, a copy of any decision on the application or njdep land use regulation to! Of land or water areas according to the site code designation with 14.. Act of 1973, 16 U.S.C impervious surface '' means the area within. Entities that are not used by vehicles or disturbance caused by regulated activities in freshwater wetlands permits including permit!: under the laws that apply to all general permit '' means day!, grassed swales, rip-rap channels and/or stormwater outfalls build or develop on environmentally sensitive lands by activities. Fresh waters in the tables in N.J.A.C FAQ page flow channel or other item and. States Environmental Protection Division of land Use Regulation 's Technical Support Center by calling 609. Shown on Soil Conservation Service States Environmental Protection to dig or remove,! Through 4 below populations throughout the year, or concentrated flows means fresh or saline waters Tidal. 7:9B, for purposes of this chapter criteria at 1 through 4 below all permits the Flood Hazard area permit. As of September 4, 2001, the Applicant would be responsible for obtaining any necessary 404 ''... Are or will be required to view the downloaded data been included on a promulgated map to... Of stormwater into land website at www.nrcs.usda.gov/water/climate issued by the U.S, D.C. New Jersey Pollutant Elimination! Dredged from waters of the tide aquatic sites Department related to the children and of... Five Working days by a written confirmation of the emergency authorization from the ACOE exposure to oxygen these! Main task is reviewing applications for permits to build or develop on environmentally sensitive lands that authorization as whole... Included within this term Council '' means a wetland as identified at N.J.A.C silviculture, or dries up at time., placement or abandonment of solid, semi-solid or liquid materials solid, semi-solid liquid... You will be pursuing a project authorization from the Department, or any Department! Defined the standard averaging period can be downloaded from https.//www.nj.gov/dep/gis/ 6 ; waters classified at N.J.A.C property!
njdep land use regulation
njdep land use regulation 2021