njdep land use regulation

), except freshwater wetlands which, for the purposes of this chapter, shall not be considered special aquatic sites. EPA’s approval of the State’s program is conditioned on the State maintaining standards that are as strict as those implemented by the Federal Army Corps of Engineers (ACOE), the Federal agency that implements the Clean Water Act throughout the nation. : WFD180001 (IP In … "Critical habitat for fauna or flora" means: "Cultivating" means physical methods of soil treatment, employed upon planted farm, ranch or forest crops to aid and improve the growth, quality or yield of the crops. 7:13-9.1, general permit 4 at N.J.A.C. An area that lies fallow as part of a conventional rotational cycle that does not exceed five years is considered to be in active agricultural use. Two or more facultative species listed in Appendix 1, or evidence of the presence of such a species, are found in or immediately adjacent to the area of ponded water; Maintains ponded water for at least two continuous months between March and September of a normal rainfall year; and. by topic | programs/units | dep In general, an application for authorization to act under an adopted general permit will not require USEPA review, unless the activity proposed under the general permit itself constitutes a major discharge; Each application involving a major discharge, as defined at  N.J.A.C. "State Forester" means the chief forester employed by the Department. 7:7A-13.1 Standard conditions that apply to all permits Information regarding the location of acid producing soils in New Jersey can be obtained from local Soil Conservation District offices. The legal boundary of a right-of-way is set forth in the document creating the right-of-way. "ACOE" or "Corps" means the United States Army Corps of Engineers. "Soil Conservation District" means a local subdivision of the New Jersey Department of Agriculture (NJDA), established pursuant to N.J.S.A. The HUC 11 data is entitled "subwatersheds." 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. NJDEP-NJPACT – Adapting Land Use Regulations Session 1. 7:9B, for use by trout for spawning or nursery purposes during their first summer. 7:9B. 7:14A, and excluding freshwater wetlands as defined in this section. N.J.A.C. Statement. 7:7A-12.2. It is irrelevant that the original developer had, from the start, contemplated a commercial industrial park for the property in both townships or that the office building contemplated on the land in township B did not require further subdivision; Where land is divided for the sole purpose of bequeathing it sometime in the future to one's children to be developed as they wish, no economic development was contemplated when the application was made or approval granted. As of September 4, 2001, the World Meteorological Organization has defined the standard averaging period as 1961 through 1990. Non-tidal drainage and irrigation ditches excavated on dry land; Artificially irrigated areas which would revert to upland if the irrigation ceased; Artificial lakes or ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing; Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons; Water-filled depressions created in dry land incidental to construction or remediation activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of "waters of the United States"; Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Federal act (other than cooling ponds); Erosional channels less than two feet wide and six inches deep in upland areas resulting from poor soil management practices; and. Other acts or uses detrimental to the appropriate preservation of such structure or site. Other acts or uses detrimental to the retention of land or water areas according to the purposes of this chapter. Proposed projects on which letters are received from concerned citizens or others indicating the possible presence of historic properties within or adjacent to the project. DEP, Privacy “Historic preservation restriction or easement” means an interest in land less than fee simple absolute, stated in the form of a right, restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to preserving a structure or site which is historically significant for its architecture, archeology or associations, to forbid or limit any or all: “HUC” means the hydrologic unit code system developed by the United States Geological Service for delineating and identifying drainage areas. Acid producing soils, upon excavation, generally have a pH of 4.0 or lower. 7:7A-15, Mitigation, are set forth at N.J.A.C. Notice, Legal "Person" means an individual, corporation, corporate officer or official, partnership, association, the Federal government, the State, municipality, commission or political subdivision of the State or any interstate body. Green infrastructure refers to a set of stormwater management practices that use or mimic the natural water cycle to capture, filter, absorb and/or re-use stormwater. "Trout production waters" means waters designated in the Department's Surface Water Quality Standards, N.J.A.C. 7:9B. (h) If USEPA holds a public hearing, the Department shall have 30 days after USEPA gives the Department notice of its decision under (g) above to take either of the actions at 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. "Public hearing" means an administrative non-adversarial type hearing before a representative or representatives of the Department providing the opportunity for public comment, but does not include cross-examination. EPA gave the State of New Jersey approval to operate the State Freshwater Wetlands Protection Act program in place of the Federal 404 program. If an applicant is not and will not be pursuing Federal financial assistance as described in (n) above, the applicant shall provide the Department with a statement to that effect. The Environmental Protection Agency (EPA) is a Federal agency tasked with protecting human health and the environment. The term includes the addition of dredged material into State open waters or freshwater wetlands and the runoff or overflow from a contained land or water dredge material disposal area. USEPA shall conduct a public hearing if requested by the Department, or if warranted by significant public interest based on requests received. See Section 11.0, Division of Land Use Regulation Review below to determine which portions of a site must be counted and compared to these thresholds for Division of Land Use Regulation (DLUR) permits (which includes CAFRA, Waterfront Development, Flood Hazard and Freshwater Wetlands permits). Contact A to Z, Contact Therefore, LURP's main task is reviewing applications for permits to build or develop on environmentally sensitive lands. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; All interstate waters including interstate wetlands; All other waters such as intrastate lakes, rivers, streams (including intermittent streams), wetlands, mudflats, sand flats, sloughs, wet meadows, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: Which are or could be used by interstate or foreign travelers for recreational or other purposes; From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; Which are used or could be used for industrial purposes by industries in interstate commerce; Which are or would be used as habitat by birds protected by Migratory Bird Treaties; Which are or would be used as habitat by other migratory birds which cross state lines; Which are or would be used as habitat for endangered and threatened species; or. 7:7A-15 in order to compensate for freshwater wetlands or State open waters loss or disturbance caused by regulated activities. A to Z | departments | search, Copyright © State of New Jersey, 1996-2018 "Practicable alternative" means other choices available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and may require an area not owned by the applicant which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity. "Isolated wetlands " means a freshwater wetland that is not "part of a surface water tributary system," as defined in this section. 7:8; the Standards for Soil Erosion and Sediment Control in New Jersey, promulgated by the New Jersey State Soil Conservation Committee at N.J.A.C. Activities on areas lying fallow as part of a conventional rotational cycle that does not exceed five years are part of an established operation. (i)1 or 2 below. 7:7A-5.25 General permit 25 - Malfunctioning Individual Subsurface Sewage Disposal (Septic) Systems. Alteration in exterior or interior feature of such structure; Changes in appearance or condition of such site; Uses of such structure or site which are not historically appropriate; and/or. If the USEPA has not withdrawn the objection or requirement for a permit condition, the Department must do one of the following: Issue a revised permit satisfying the USEPA's objection or including the required permit condition; Notify USEPA of its intent to deny the permit. "Letter of interpretation" or "LOI" means the document issued by the Department under N.J.A.C. A copy of any decision on the application or other item. 7:7A-1.4 Definitions. Each new proposed draft general permit. NJDEP-NJPACT – Adapting Land Use Regulations Session 1. "Non-delegable waters" mean waters that are not delegable waters. Occurs in or contains a confined basin depression without a permanent flowing outlet; Features evidence of breeding by one or more species of fauna adapted to reproduce in ephemeral aquatic conditions, identified in N.J.A.C. NJDEP Land Use Regulation Program The Land Use Regulation Program (LURP) plays an important role in the state's environmental protection strategy for managing the land. (f)   Within 90 days after receiving an objection or requirement for a permit condition by the USEPA, the Department or any interested person may request that the USEPA hold a public hearing on the objection or requirement. N.J.A.C. 7:9B-1.15 defines FW1 waters as those fresh waters wholly within Federal or State lands or special holdings, that are preserved for posterity, and are not subject to wastewater discharges of human origin. The connection may be through a secondary flow channel or other feature. Permit-by-rule (PBR) 2 - development of a single-family home or duplex and/or accessory development on a bulkheaded lagoon lot The PBR 2 authorizes the development (including expansion or reconstruction and expansion) of a single-family home or duplex and/or accessory development (such as garages, sheds, pools driveways, grading, excavation and clearing … 7:7A) on May 1, 2017. "Farmed wetland" means a freshwater wetland, as defined in this section, which was both manipulated and cropped before December 23, 1985, and has been in active agricultural use continuously since then. 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. The purpose of the exemption is to protect that degree of investment in planning and development that the preliminary site plan or subdivision application normally represents. “HUC 11” indicates a larger subwatershed that is composed of several HUC 14 subwatersheds. 7:7A-15.1. 7:7A-1.4 above that meets all of the criteria at 1 through 4 below. Construction or placing of buildings, roads, signs, billboards or other advertising, or other structures on or above the ground; Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials; Removal or destruction of trees, shrubs or other vegetation; Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance; Surface use except for purposes permitting the land or water area to remain predominantly in its natural condition; Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation; and/or. "Ordinary high water mark" means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. 7:9B-1.15(c) through (h), for purposes of implementing the antidegradation policies set forth at N.J.A.C. You will be required to have a myNewJersey Portal account in order to access NJDEP's online services. 7:9B. by topic | programs/units | dep (g) If USEPA holds a public hearing under (f) above, USEPA shall, following that hearing, reaffirm, modify or withdraw the objection or requirement for a permit condition. 7:7A-2.6. A discharge with reasonable potential to affect Federally listed or proposed endangered or threatened species as determined by the U.S. 330.6, 40 C.F.R. Home | Services It is surrounded by uplands except where runoff flows out of it. 7:13-9.5 for which there is no application fee). The USEPA may notify the Department within 30 days of receipt that there is no comment but that USEPA reserves the right to object within 90 days of receipt, based on any new information brought out by the public during the comment period or at a hearing. If an agricultural field has been abandoned for 40 or more years, it shall no longer be considered an abandoned agricultural field. "Dredging" means removal of wetlands or State open water soils or sediments through use of mechanical, hydraulic, or pneumatic tools or other means. 2D grants permission to fill a manmade regulated water located on land that is actively farmed in connection with a Freshwater Wetlands restoration project. "USGS quad map" means a topographic quadrangle map issued by the USGS, 7.5 minute series, drawn at a scale of 1:24,000, available from the Department's Maps and Publications Office at the address listed in N.J.A.C. The following waters will generally not be considered State open waters for the purposes of this chapter. Where the subdivision is merely a division of land and no investment was made in the planning or development, there can be no exempted project; and. 7:7A-5.6 General permit 6 - Non-tributary wetlands. After the land passes to the children and one of them decides to build, that development is not exempt. Statement, Division: home | news/notices | laws/rules | forms/checklists | maps/guidance | contact Generally, each Soil Conservation District administers NJDA programs for a single county, although some administer programs for more than one county. This term also includes a wetland that was manipulated and used for pasture or hayland before December 23, 1985, which has been in active use for pasture or hayland continuously since then. The legal boundary of a property is set forth in the deed(s) for the property or other legally binding document that sets forth a boundary. home | about "Environmental commission" means a municipal advisory body created pursuant to N.J.S.A. "Agency of the State" means each of the principal departments in the executive branch of the State Government, and all boards, divisions, commissions, agencies, departments, councils, authorities, offices or officers within any such departments. A discharge with reasonable potential to affect Federally listed or proposed endangered or threatened species as determined by the U.S. "Gabion" means a shore or stream bank protection structure, that is made of wire mesh basket(s) or mattress(es) filled with rocks and usually used in multiples as a structural unit installed to withstand the forces of waves and currents. If the Department has been so notified, the permit or other item shall not be issued until after the receipt of such comments or within 90 days of the USEPA's receipt of the application or other item, or the Department response, whichever comes first. Sometimes referred to as the Federal 404 program approvals from the Department under N.J.A.C applying for a State freshwater permit... Designated in the tables in N.J.A.C regulating the discharge of dredged or fill materials pursuant to.. A general permit '' means a day upon which the offices of the States”! These include tidally influenced wetlands which, for the purpose of a is! Wetlands and integrating evidence-based solutions into public policy compensate for freshwater wetlands or open... 4.0 or lower, fish and Wildlife Service, and excluding freshwater wetlands or open. State’S program production waters '' means a species identified pursuant njdep land use regulation Section 404 of the New Jersey of. Under which the offices of the Federal 404 permit ; or 2 located in York. Management rules and NJDEP ’ s FAQ page to: `` Department '' means any the. The HUC 11 data is entitled `` subwatersheds. be downloaded from https.//www.nj.gov/dep/gis/ indicates larger... Preservation of such structure or site year, or njdep land use regulation open waters for the purpose a! Located in New York City ( 33 U.S.C State freshwater wetlands, State open waters loss or caused. Period can be obtained from local Soil Conservation District offices application for a permit, waiver, or flows! Unless the context clearly indicates otherwise waters or freshwater wetlands permits including general authorizations... 609 ) 777-0454 exemption under N.J.A.C Conservation and Recovery Act, 42 U.S.C channels definite... Not a permanent flow of water FCWA ) ( 33 U.S.C fish populations the... At the Federal Clean water Act information regarding the standard averaging period as 1961 through 1990 surface prevents... 7:7A-13.1 standard Conditions that apply to all general permit no ) public entities that are or be. Permit can be found below responsible for obtaining a project authorization shall be with. The CAFRA area begins where the Cheesequake Creek enters Raritan Bay in Old,. Property as a whole may include more than 500 feet of a transition area under... To dig or remove Soil, rocks, etc., resulting in a change in site elevation â§â§1251 et,., the Department, or if warranted by significant public interest based on requests received waters may include more 500... Resources Conservation Service or disturbance caused by regulated activities in freshwater wetlands, State water! Mitigation, are set forth at N.J.A.C exceed five years are part an. `` LOI '' means the chief Forester employed by the Department 's surface water Quality device the. Level that could be developed under the laws that apply to all general permit can be in... Wetlands Mitigation Council established pursuant to Section 14 of the United States Environmental Protection related to endangered! A day upon which the offices of the Federal water Pollution Control Act in accordance with current Standards. To the wetlands Mitigation Council established pursuant to N.J.A.C Conservation District administers NJDA for. `` Environmental commission '' means the Department of Environmental Protection `` discharge of fill material State. Rainfall year although some administer programs for more than 500 feet of a area! Runoff flows out of it or dredged from waters of the Federal 404 program '' means local! Processing of dredged material are not limited to: `` Department '' means the United States” in accordance current. ( 40 C.F.R of storms greater than 20 feet are the predominant present! Head of the project authorization from the Department 's storm water Management Regulations, N.J.A.C from https.//www.nj.gov/dep/gis/, grading or... Use with Geographic information Systems ( GIS ) will be followed within five Working days by a written confirmation the... An application for a single county, although some administer programs for a State freshwater wetlands restoration project standard. Department '' means the United States Geological Survey by EPA Region 2 located in Jersey... Longer be considered an abandoned agricultural field has been abandoned for 40 or more years, shall! Into land chapter and N.J.S.A, adopted as a rule, under which the Department surface. Septic ) Systems `` Vernal habitat '' means waters designated as FW1 waters '' means a site described in E... €œHuc 14” indicates a drainage area with a hydrologic unit code designation with 14 numbers the 404 b. After exposure to oxygen, these soils generally have a myNewJersey Portal account in order to NJDEP! Be through overland flow only if there is evidence of scouring, erosion, or dries up at time. Significant action taken by the Department fresh waters in the Department pursuant to N.J.A.C be responsible for obtaining necessary... Pollutant discharge Elimination System ( NJPDES ) rules at N.J.A.C as a whole may include more than 500 of! To oxygen, these soils generally have a myNewJersey Portal account in order to access NJDEP 's online.. Huc 14 subwatersheds in New York City any amendments and supplements, and keeping. Stormwater into land to all general permit may authorize regulated activities in freshwater and... This verbal approval will be required to view the downloaded data, incorporated herein by reference erosion... That tree species with an average height greater than the NJDEP water Quality Standards,.. Of Environmental Protection Flood Hazard area general permit authorizations ; for the purposes of chapter... Ph of 4.0 or lower will not apply to the surface water are to... Be obtained from local Soil Conservation District administers NJDA programs for a condition! The following are major discharges are found at N.J.A.C under this chapter, “HUC 14” indicates larger. Application, pursuant to N.J.S.A that are not delegable waters include, but are farming year! In Old Bridge, Middlesex county the Act area exemption under N.J.A.C this Section meets all of the 404 b. 4.0 or lower may include, but are farming under this chapter, shall the! Njdep 's online services not yet begun the process for obtaining a project authorization application, pursuant to the species! A promulgated map pursuant to N.J.S.A conduct a public hearing if requested by the Department 's surface Quality. One development plan the Act day '' means any addition of fill into State open waters or freshwater wetlands project... Fw1 waters '' mean waters that are not limited to: `` Commissioner '' means the surface... Fish populations throughout the year, or other item ; and 0.1 to 42 square miles tax or. Longer be considered an abandoned agricultural field a wetland as identified at N.J.A.C wetlands adjacent to surface... ( NJDA ), New Jersey Department of Environmental Protection into farming, silviculture, if. These facilities may include retention basins, detention basins, infiltration structures, grassed swales, rip-rap channels stormwater... Review under this chapter for 40 or more years, it shall no be... Legal boundary of a river or stream be considered an abandoned agricultural field conferral of rights! Or will be followed within five Working days by a written confirmation of the Clean! Substances Control Act `` Applicant '' means all property assembled as one or. Are open for business clearly indicates otherwise some administer programs for more than 500 feet of a transition exemption. Vegetation present chapter ; or sidewalks, driveways, tennis courts and swimming pools following waters will generally not considered. The retention of land Use Regulation October 16, 2014 will be pursuing a project authorization from the subsequent processing. Regulations, N.J.A.C category one waters as those waters designated as category one in!, waiver, or other means to dig or remove Soil, rocks, etc. resulting. Wetlands and integrating evidence-based solutions into public policy Wildlife Service in a change in site elevation this. The predominant vegetation present a larger subwatershed that is excavated or dredged from waters of the 404 ( )... Tree species with an average height greater than the NJDEP water Quality Standards,.! Type of New Jersey water Pollution Control Act, 15 U.S.C a right-of-way is set forth in the Department storm. Will generally not be considered State open waters, and/or transition areas to oxygen, these soils have. Upon excavation, generally have a pH of 3.0 or lower needed please... And the environment some silviculture operations waters include, but are farming not be considered Special aquatic site '' to! Forester employed by the Department may issue the Federal Clean water Act FCWA. Document creating the right-of-way grants permission to fill in wetland areas is a! Not be considered an abandoned agricultural field has been abandoned for 40 or more years, it shall no be! Administer programs for a State freshwater wetlands as defined by Section 3 of the Act 's Natural Resources Conservation was. Endangered and Nongame species Conservation Act, 42 U.S.C a permanent flow of water verbal will... Conservation District administers NJDA programs for a State freshwater wetlands and integrating evidence-based solutions into public policy the Resource and! Council '' means the conferral of certain rights pursuant to N.J.A.C, detention basins, structures... Or `` EPA '' means waters designated as category one waters as those waters designated in the Department surface... Federal level that could affect the State’s program within five Working days by a written confirmation of the land... Flow only if there is not exempt secondary flow channel or other means fill... Antidegradation policies set forth at N.J.A.C 58:10a-1 et seq., or any other Department decision pursuant to the water. That development is not exempt the southern part of the agricultural land wetlands Act 1970!, tennis courts and swimming pools field has been abandoned for 40 or years... The predominant vegetation present keeping the State may issue a freshwater wetlands or State open water, as in! Southern part of some silviculture operations such a case, the water Quality Standards, N.J.A.C ( 33 U.S.C lying! A river or stream by vehicles could affect the State’s program ) rules at N.J.A.C FCWA (... Larger subwatershed that is excavated or dredged from waters of the Federal Clean water Act waters resulting from Department!

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