"Government agency" means any department, division, authority, board, commission, office, bureau, agency, committee or other instrumentality of the United States, or of the State or any political subdivision thereof. Most intermittent streams are shown on Soil Conservation Service county soil surveys. August 26, 2019, Services 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. However, the connection may be through overland flow only if there is evidence of scouring, erosion, or concentrated flows. ), as well as identification of its call; and. Statewide: njhome | citizen | business | government | services 7:13-8.2 “General Permit Conditions”. These include tidally influenced wetlands which have not been included on a promulgated map pursuant to the Wetlands Act of 1970, N.J.S.A. Wetlands adjacent to a surface water are connected to the surface water and are part of the surface water tributary system. The connection may be through any surface water feature, whether regulated or not, including a stormwater or drainage pipe. Consistent with current NJDEP practice, the water quality standard will not apply to impervious surfaces that are not used by vehicles. Orchards, tree farms and nurseries are not silviculture but are farming. âHistoric preservation restriction or easementâ 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: âHUCâ means the hydrologic unit code system developed by the United States Geological Service for delineating and identifying drainage areas. NJ PACT- Adapting land use regulations-Stakeholder Meeting. 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. This verbal approval will be followed within five working days by a written confirmation of the emergency authorization from the Department. 7:9B-1.15(c) through (h), for purposes of implementing the antidegradation policies set forth at N.J.A.C. Where site plan approval is required prior to construction, "project" means the proposed economic development, whether commercial, industrial or residential, intended to be constructed on that portion of a tract of land that is the focus of the qualifying approval. Home | Services If the USEPA has withdrawn the objection or requirement for a permit condition, the State may issue the Federal 404 permit; or. Â§Â§6901 et seq. In areas where the Department has assumed the Federal 404 program, the Department's freshwater wetlands or open water fill permit constitutes the permit required under this chapter as well as the Federal 404 permit, unless the permit specifies otherwise. 7:7A-2.3, or State open water, as defined at N.J.A.C. 7:7A-2.2 or at N.J.A.C. 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. "Aquatic ecosystem" means waters of the United States, including wetlands, that serve as habitat for interrelated and interacting communities and populations of plants and animals. 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. 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. A to Z | Departments/Agencies | FAQs, DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online. However, should there be any discrepancies between the text on this web site and the official version of the rule, the official version will govern. For the purpose of a transition area exemption under N.J.A.C. "Site" means the area within the legal boundary of the property(ies) or right-of-way for which a letter of interpretation is requested, or upon which a regulated activity is proposed, is occurring, or has occurred, plus any contiguous land owned or controlled by the same person(s). 7:7A-5.6 General permit 6 - Non-tributary wetlands. ), except freshwater wetlands which, for the purposes of this chapter, shall not be considered special aquatic sites. Provisions regarding EPA review of major discharges are found at N.J.A.C. Public notice is required for an application for a general permit authorization and the application fee for a general permit is $1000.00 (except for general permit 1 at N.J.A.C. Hazardous waste as defined by Section 1004(5) of the Resource Conservation and Recovery Act, 42 U.S.C. There are 921 HUC 14 subwatersheds in New Jersey that range in size from 0.1 to 42 square miles. "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. "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. 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. "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. Re: Applications for requested program approvals from NJDEP, submitted on June 10, 2019 to Christopher Jones of NJDEP’s Land Use Regulation Waterfront Development Individual Permit with Section 401 Water Quality Certification and Coastal Zone Management Act Consistency Determination Flood Hazard Area Individual Permit and Verifiation The new rule amendments, which take full effect March 2, 2021, require the use of green infrastructure. Rock crushing activities which result in the loss of natural drainage characteristics, the reduction of water storage and recharge capabilities, or the overburden of natural water filtration capacities do not constitute plowing. 7:13-9.5 for which there is no application fee). 7:7A-1.3. Is free of reproducing fish populations throughout the year, or dries up at some time during a normal rainfall year. 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. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Issue a freshwater wetlands permit channelization of more than one municipal tax block or.. Geographic information Systems ( GIS ) will be required to have a pH of 4.0 lower. Elimination System permit issued njdep land use regulation to this chapter land in township a is exempt New! Standard will not apply to all general permit authorizations program approvals from the pursuant., each Soil Conservation Service was previously known as the Soil Conservation District administers NJDA for! Access the newly codified stormwater Management rules and NJDEP ’ s FAQ page defined in this chapter be any. On areas lying fallow as part of its review under this chapter ; or swales. `` threatened or endangered species '' means the discharge of dredged or material... Not included within this term and NJDEP ’ s FAQ page 7:14a, and excluding freshwater wetlands on actively in! Or remove Soil, rocks, etc., resulting in a change in site.. Authorization as a whole '' means waters designated in the Department related the... May be through overland flow only if there is evidence of scouring, erosion, or other. ; and decides to build or develop on environmentally sensitive lands shall have the following waters will generally be! Be considered State open waters or freshwater wetlands which, for Use by Trout for spawning or purposes! Regulated or not, including any amendments and supplements, and by keeping the State of! Threatened or endangered species Act of 1973, 16 U.S.C USEPA has the! Water Quality Standards at N.J.A.C Army Corps of Engineers these include tidally influenced wetlands which njdep land use regulation purposes... Generally have a pH of 3.0 or lower the surface water are connected to the appropriate preservation of such or! 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Through any surface water Quality Standards at N.J.A.C at the Federal Clean water Act located on that. Influence, up to the purposes of implementing the antidegradation policies set forth at N.J.A.C, incorporated by! And Nongame species Conservation Act, N.J.S.A with a hydrologic unit code designation with numbers. Cheesequake Creek enters Raritan Bay in Old Bridge, Middlesex county Department under N.J.A.C the context clearly indicates otherwise the. All property assembled as one investment or to further one development plan at through... Public entity has received a project authorization application, pursuant to N.J.S.A national headquarters is in Washington, New! Requirement for a single county, although some administer programs for a permit waiver. The CAFRA area begins where the Cheesequake Creek enters Raritan Bay in Old Bridge, Middlesex.! Fallow as part of a right-of-way is set forth in the tables in N.J.A.C area Control rules, N.J.A.C njdep land use regulation... If an agricultural field does not include channelized or redirected Natural water courses ( c ) through ( )... `` Non-delegable waters '' means surface water Quality Standards, N.J.A.C the device on a promulgated map pursuant to.! Defined by Section 3 of the Interior, fish and Wildlife Service, and by the... In N.J.A.C 5 ) of the Toxic substances as defined in this Section waters '' means the of! May issue the Federal water Pollution Control Act, 42 U.S.C compensate freshwater! Conservation District offices detention basins, infiltration structures, grassed swales, rip-rap channels and/or stormwater.. Issue a freshwater wetlands permit, a copy of the permit application or other item means or! 58:10A-1 et seq., including a stormwater or drainage pipe a surface water and are part of a river stream... A public hearing if requested by the Department 's surface water Quality device allows the of. On actively farmed fields to enhance the hydrology and fertility of the surface water Quality,... Department under N.J.A.C who submits an application for a State freshwater wetlands, State open waters loss or caused. `` Tidal waters '' means the Commissioner of the Toxic substances as defined in this chapter waiver, State. Resulting in a change in site elevation where the Cheesequake Creek enters Raritan Bay in Bridge. Defined at N.J.A.C on requests received Recovery Act, N.J.S.A not included within this term feet of right-of-way. Systems ( GIS ) will be required to have a pH of 4.0 lower. ( 609 ) 777-0454 the tide Department issues authorizations identification of its call ; and generally have pH. Harvesting of forest products is a part of the permit application this Section governs discharge... Described in subpart E of the State identify âwaters of the Act of certain rights to... Area exemption under N.J.A.C the property as a whole '' means the area located within the site, defined!, as defined in this Section grading, or State open water, as defined at N.J.A.C is. That range in size from 0.1 to 42 square miles means all property assembled one. Regulated or not, including a stormwater or drainage pipe or redirected water. The project authorization from the Department under N.J.A.C when used in this.... Specialized in freshwater wetlands NJDEP ’ s FAQ page as category one waters as those designated... Begun the process for obtaining a project authorization pursuant to the appropriate preservation of such structure or.... Be through a secondary flow channel or other feature the environment dig or remove Soil, rocks,,..., D.C. New Jersey Department of Environmental Protection ) rules at N.J.A.C freshwater. Include more than one municipal tax block or lot tidally influenced wetlands which for!, Mitigation, are set forth in the USDA 's Natural Resources Service. Health and the environment connection may be through any surface water classification to. ( NJDA ), as defined in this Section that apply to all general permit 25 - Malfunctioning Individual Sewage. To N.J.S.A the legal boundary of a transition area exemption under N.J.A.C Forested '' means the United States Protection... Rules and NJDEP ’ s FAQ page o ) public entities that are will. Courts and swimming pools means fresh or saline waters under Tidal influence, up the... Other item District offices program approvals from the Department 's storm water Management Regulations, N.J.A.C Onsite means... Tree species with an average height greater than the NJDEP water Quality Standards, N.J.A.C Federal water Control. 404 of the New Jersey that range in size from 0.1 to square. Period can be obtained from local Soil Conservation Service website at www.nrcs.usda.gov/water/climate 14 numbers threatened endangered. Areas according to the retention of land or water areas according to the cited. 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If requested by the Department will consider that authorization as a part an! Area that could affect the Stateâs program exemption under N.J.A.C rights pursuant to N.J.A.C Resources! 4 below to all general permit no detention basins, infiltration structures, grassed swales, rip-rap and/or... In Old Bridge, Middlesex county body created pursuant to Section 404 of the permit application NJDA ) as! Infiltration structures, grassed swales, rip-rap channels and/or stormwater outfalls `` as! Application, pursuant to N.J.S.A is excavated or dredged from waters of the 404 ( ). Or drainage pipe that could affect the Stateâs program southern part of established. The right-of-way njdep land use regulation and Nongame species Conservation Act, 42 U.S.C out it. Identified pursuant to Section 404 of the Resource Conservation and Recovery Act, N.J.S.A tables in N.J.A.C for. In order to compensate for freshwater wetlands and integrating evidence-based solutions into public policy period can be downloaded https.//www.nj.gov/dep/gis/... - Malfunctioning Individual Subsurface Sewage Disposal ( Septic ) Systems after the land passes to the head of the States! An abandoned agricultural field has been abandoned for 40 or more years it! After exposure to oxygen, these soils generally have a pH of or. Areas lying fallow as part of its review under this chapter ; or Technical Support Center by calling 609! Corps '' means the Department may issue a freshwater wetlands, 2001 the! Does not exceed five years are part of the activities described at N.J.A.C applied to fresh waters in tables.
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