Land Use Management
Division of Land Use Regulation

Notice of Rule Proposal
Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing to readopt with amendments the Freshwater Wetlands Protection Act rules. A statement of the substance of the most significant proposed amendments follows. Please note that there are several additional substantive changes in the proposal. The Department is:

  1. Proposing to standardize the process for conservation restrictions;
  2. Adding a requirement to perform mitigation for wetlands that are affected by the following general permits (GP): GP 2 (installation of underground utility lines), GP 6 (fill of non-surface water connected wetlands that are also Federal waters of the United States), GP 10A and 10B (minor road crossing permits), GP 11 (stormwater outfall structures), GP 18 (dam repair), and GP 21(above-ground utility lines). In addition, the Department is proposing to amend existing mitigation requirements in GP 23 (expansion of cranberry growing operations in the Pinelands), and GP 27 (redevelopment);
  3. Proposing a new general permit to accommodate non-motorized multiple use paths, especially for multi-use bicycle paths receiving State or Federal funding;
  4. Adding the requirement for an archaeological review in the cases where a site is likely to have historic resources and more explicitly forbidding demolition of historic resources without an approved permit;
  5. Adding a new standard condition requiring notification 7 days before the commencement of construction and requiring proof that all conservation restrictions have been properly filed;
  6. Requiring the official modification of permits to be transferred from one owner to another and requiring proof that all conservation restrictions have been filed;
  7. Substituting the Department for the Wetlands Mitigation Council as the responsible agency for review and approval of commercial mitigation banks; and
  8. Adding formulas for calculating the amount of a monetary donation if this option is chosen to satisfy the new mitigation requirement for general permits.

The proposal is scheduled to be published in the New Jersey Register dated September 4, 2007. A copy of the proposal is available from: the DEP website (PDF); by calling the Department at (609) 984-0162; at County libraries, or by contacting LexisNexis Customer Service at (800)223-1944 or www.lexisnexis.com/bookstore.

Public hearings concerning the proposal are scheduled as follows:

2:00 P.M., Thursday, October 4, 2007
Pequest Fish Hatchery
605 Pequest Road
Oxford, New Jersey

2:30 P.M., Thursday, October 11, 2007
NJ Department of Environmental Protection
Public Hearing Room
401 East State Street
Trenton, New Jersey

2:00 P.M., Tuesday, October 16, 2007
Gloucester County Office of Government Services
1200 N. Delsea Drive
Clayton, New Jersey 08312

Written comments may be submitted by November 3, 2007 (comment period extended to January 2, 2008) to:

NJ Department of Environmental Protection
Janis Hoagland Esq.
Office of Legal Affairs
ATTN: DEP Docket Number: 17-07-08/575
PO Box 402
Trenton, New Jersey 08625