INTRODUCTION
This edition of the Builders Permit Handbook was developed to provide basic information about the various state programs which impact development activities in New Jersey. For each program included in the Handbook you will find general information about the scope of the program, submittal requirements for permits and approvals and key contact addresses and phone numbers. For additional information the statute and regulatory citations are noted. The programs are organized by implementing agency or commission. In addition to the basic permitting programs, this handbook includes information on non-regulatory programs which may either impact or provide assistance to individuals with development projects. Examples of programs which are designed to provide assistance include the Department of Environmental Protection's Offices of Permit Information and Assistance and Dispute Resolution and the Department of State's Office of the Business Ombudsman. Non-regulatory programs which may impact development include the Council on Affordable Housing and the Office of State Planning's State Development and Redevelopment Plan.
DEPARTMENT OF AGRICULTURE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DEPARTMENT OF AGRICULTURE
Program Name
Soil Erosion and Sediment Control Plan Certification
*updated 8/98
Administered By
Local Soil Conservation District, State Soil Conservation Committee
Program Summary
The Act establishes a State Soil Conservation Committee to administer programs for the conservation of soil and control and prevention of soil erosion. The Soil Conservation Districts are the local entities charged with implementing the programs. Soil Erosion and Sediment Control Plans must be submitted and certified by the Soil Conservation District prior to any disturbance of more than 5,000 square feet for construction. Single family dwellings which are not part of an application for development involving two or more such single family dwellings are excluded. The State Soil Conservation Committee adopts soil erosion and sediment control standards which must be met for certification. Decisions made by the District may be appealed to the State Soil Conservation Committee. These rules were readopted without change in 1995. A proposal which includes changes to the soil erosion and sediment control standards was published in June 1998.
Statute
N.J.S.A. 4:24-1 et. seq. - Soil Conservation
Regulation Title - State Soil Conservation Committee
Citation - N.J.A.C. 2:90-1.1 et. seq.
Effective Date - June 21, 1995
Expiration Date - June 21, 2000
Other Authority
Municipalities were allowed to adopt soil erosion and sediment control ordinances which conform to the standards adopted by the State Soil Conservation Committee if such ordinances were adopted prior to May 31, 1978. Such ordinances required approval by the State Soil Conservation Committee.
Submittal Requirements Fees are set by the Soil Conservation District. Fees must be reasonable and based on cost.
The State Soil Conservation Committee must approve all fees.
Contact
Local Soil Conservation District (see listing and map on pages 1-5 and 1-6)
DEPARTMENT OF AGRICULTURE
Program Name
Construction Stormwater Discharge Authorization *updated 8/98
Administered By
This program is administered by the Department of Environmental Protection and implemented by the Department of Agriculture and the State Soil Conservation Committee through the Soil Conservation Districts.
Program Summary
The Construction General Permit Authorization (General Permit NJ0088323) became effective November 2, 1992. This Authorization is limited to point source stormwater discharges from certain construction activities including clearing, grading and excavation that disturb 5 acres or more, or less that 5 acres but are part of a larger plan of development or sale which incorporates 5 acres or more (see pages 1-5, 1-6, and 1-7 for further information). Permit requirements include the development and certification of a soil erosion and sediment control plan.
Statute
N.J.S.A. 58 - 10A - 1 et. seq. - Water Pollution Control Act
Regulation Title - New Jersey Pollutant Discharge Elimination System
Citation - 7:14A-1 et. seq. (7:14A-31 Appendix B General Permit, Construction Activity Stormwater)
Effective Date - May 5, 1997
Expiration Date - January 31, 2002
Other Authority
None
Submittal Requirements
Requests for Authorization Certification (RFA) (see page 1-6) must be filed with the local Soil Conservation District at least 30 days prior to land disturbance.
A notice must be published in a daily or weekly newspaper stating that an RFA under the Construction General Permit to discharge stormwater has been submitted. A General Permit Fee of $200 is required.
Contact
Local Soil Conservation District (see listing and map on pages 1-8 and 1-9)
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Program Name
Coastal Zone Management (CAFRA) *updated 6/13/96
Administered By
Land Use Regulation Bureau of Coastal Regulation
Program Summary
The Coastal Area Facility Review Act was first enacted in 1973. CAFRA requires a permit for construction of certain developments in the coastal area. CAFRA defines the boundaries of the coastal area (see map on page 2-16) and specifies what type/size development requires a permit from the Department of Environmental Protection. As amended, effective July 19, 1994, CAFRA permits are required for more types of development and the Act includes a system of regulatory control based upon proximity to the mean high water line of tidal water, a beach or a dune.
Almost all development on a beach or dune must be permitted (exceptions include reconstruction, and construction of decks and patios). Within 150' of the mean high water line, beach or dune, a permit is required if the development is the "first use" in the area. If other development exists between the proposed development and the water, beach or dune, then permits are only required for residential developments of three or more units, commercial developments with five or more parking spaces and all public and industrial developments.
Beyond the 150 foot line, permits are only required for residential developments of 25 or more units, commercial developments of 50 or more parking spaces and all public and industrial developments. Higher thresholds exist for urban aid areas. Other permit exemptions exist, including developments which received prior to July 19, 1994 preliminary site plan approvals or a final municipal building permit and residential developments which have received preliminary subdivision approval or minor subdivision approval, provided that construction begins within three years of the Act's effective date of July 19, 1994.
The rules specify the requirements for submitting permit applications and the criteria by which permits will be evaluated. These criteria fall into 3 categories; location, use and resource.
Statute
N.J.S.A. 13:19-1 et. seq. - Costal Area Facility Review Act 2-2
Regulation Title - Rules on Coastal Zone Management; Coastal Permit Program Rules
Citation - N.J.A.C. 7:7E - 1.1 et. seq.; N.J.A.C. 7:7 - 1.1 et.seq.
Effective Date June 23, 1995; June 23, 2000
Expiration Date October 16, 1995; June 24, 1999
Other Authority
Ninety Day Construction Permit Law - see page 2-61
Submittal Requirements
There are three types of CAFRA permits. Permits-by-rule are for CAFRA waterfront development and coastal wetland regulated activities that have minimal potential for environmental impact. Submittal requirements include a description of the project and site location and a copy of the building permit. There is no fee. Permits-by-rule are available for expansion or construction of single family homes or duplexes on bulk headed manmade lagoon lots and other minor activities.
General permits are available for routine CAFRA, waterfront development and coastal wetland activities including: construction or expansion of more than 400 square feet of a single family home or duplex on lots adjacent to natural waterways and the voluntary reconstruction of a non-damaged habitable house provided there is no enlargement or relocation of the footprint.
To obtain a General Permit the following must be submitted: application form; site photos; site plan; building permit and project description. Notification must be made to local governing bodies and property owners who share any point of the boundary. The fee is $250. All other CAFRA regulated activities require an individual permit. Permit application submittal requirements include: verification of submittal to the municipality clerk, county planning board and environmental commission and all landowners within 200 feet of the proposed development; notification of filing to the DEP Bulletin ( prior to actual application submittal); photographs, development plans, and Environmental Impact or Compliance Statement.
Public hearings are mandatory for certain projects including those of 150 or more residential units and projects which include new roads. Fees are based on the number of residential units or acreage for commercial or industrial development. See fee schedule on page 2-20.
Contact
Bureau of Coastal Regulation
CN 401 Trenton, NJ 08625
609-777-0456
(see pages 2-14 and 2-15)
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Program Name
Waterfront Development
Administered By
Bureau of Coastal Regulation
Program Summary
This program regulates and requires permits for the filling or dredging of or placement or construction of structures, pilings or other obstructions in any tidal waterway, or grading and placement of structures in certain upland areas adjacent to tidal waterways. The regulated waterfront area varies in width depending on the location.
In the Hackensack Meadowlands Development District the regulated area includes any tidal waterway and all underlying land up to and including the mean high water line. In the CAFRA defined coastal area the regulated waterfront area includes any tidal waterway and underlying land up to and including the mean high water line. In all other areas the regulated waterfront area includes any tidal waterway and underlying land up to and including the mean high water line and an adjacent upland area extending landward from the mean high water line to the first paved public road or surveyable property line, but no less than 100 feet or more than 500 feet from the mean high water line.
Statute
N.J.S.A. 12: 5 - 3 Waterfront Development Law
Regulation Title Coastal Permit Program Rules - Waterfront Development Citation N.J.A.C. 7:7 - 2.3 Effective Date June 24, 1994 Expiration Date June 24, 1999
Title Selected sections of Rules on Coastal Zone Management Citation - N.J.A.C. 7:7E
Effective Date - July 24, 1990
Expiration Date - July 24, 1995 2-4
Other Authority
Ninety Day Construction Permit Law (see page 2-61)
Submittal Requirements
Permit application submittal requirements include: verification of submittal to municipal planning board, municipal clerk, municipal environmental commission, county planning board, county environmental commission, U.S. Army Corps of Engineers (only for applications up to the mean high water line) and property owners within 200 feet of the proposed development; statement of compliance with certain sections of the Rules on Coastal Zone Management 7:7E - 1.1 et. seq.; evidence of tidelands ownership and development plans. Fees are based on project size. See fee schedule on page 2-20.
Contact
Bureau of Coastal Regulation Applicability Unit CN 401 Trenton, NJ 08625 609-777-0456 see pages 2-15 and 2-16
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Program Name
Coastal Wetlands
Administered By
Bureau of Coastal Regulation
Program Summary
Permits are required for all activities in the coastal wetlands including: filling, excavation or the construction of any structure; the installation of utilities; construction of impoundments; the diversion or appropriative use of water and driving over or upon wetlands which may alter or impair the natural contour or vegetation. In accordance with the Wetlands Act of 1970 the Department of Environmental Protection has mapped those areas of the State which are covered by these rules. These areas are located in Middlesex, Monmouth, Ocean, Burlington, Atlantic, Cape May, Cumberland and Gloucester Counties and include the waterward or upper wetland boundary of the wetland maps which are specified in the rule. These maps may be purchased from the Department of Environmental Protection (see page 2-17)
Statute
N.J.S.A. 13: 9A-1 - The Wetlands Act of 1970
Regulation Title Coastal Permit Program Rules Citation N.J.A.C. 7:7 - 2.2 Effective Date June 24, 1994 Expiration Date June 24, 1999
Title Coastal Zone Management Citation N.J.A.C. 7:7E - 3.27 and 3.28 Effective Date July 24, 1990 Expiration Date July 24, 1995
Other Authority
Ninety Day Construction Permit Law - see page 2-61 2-6
Submittal Requirements
Permit application submittal requirements include: verification of submittal to municipal planning board, municipal clerk, municipal environmental commission, county planning board, county environmental commission, U.S. Army Corps of Engineers and property owners within 200 feet of the proposed development; a statement of compliance with the Rules on Coastal Zone Management 7:7E - 1.1 et. seq.; evidence of tidelands ownership; development plans and photographs. Fees are assessed at 1% of construction cost for docks (minimum of $250) and $500 for all other activities. See fee schedule on page 2-20.
Contact
Bureau of Coastal Regulation CN 401 Trenton, NJ 08625 609-777-0456 (see pages 2-14 and 2-15)
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Program Name
Freshwater Wetlands
Administered By
Land Use Regulation
Program Summary
Designation as Freshwater Wetlands is based on three parameters; hydrology, soils and vegetation. These parameters are used to identify the presence and boundaries of the wetlands (see map on page 2-17). Factors considered to make the designation include vegetative species composition, saturated soil conditions, depth to seasonal high water table and the presence of absence of hydrologic indicators. Freshwater wetlands are divided into three classifications based on the resource value; exceptional, intermediate and ordinary.
Exceptional resource value freshwater wetlands include those which discharge into FW-1 waters (freshwaters that originate in, or are wholly within, Federal or State parks, fish and wildlife lands or other special holdings), FW-2 trout production waters (freshwaters not designated as FW-1 or Pinelands waters) or their tributaries, or which are habitats for threatened or endangered species. Ordinary resource value freshwater wetlands are those which are more than 50 percent surrounded by development and are less than 5,000 square feet in size. Intermediate resource value wetlands are those wetlands which do not meet the definition of exceptional or ordinary. The classification is used in the consideration of alternatives to the proposed activity, eligibility for certain statewide general permits, in determining the size of the transition area, and in transition area reductions.
Regulated activities which require a permit under the Freshwater Wetlands Protection Act Rules include: the removal, excavation, disturbance or dredging of soil, sand, gravel or aggregate material of any kind; drainage or disturbance of the water level or water table; dumping, discharging or filling of any materials and the destruction of plant life which would alter the character of the wetland. Transition areas of 150 and 50 feet are required adjacent to exceptional and intermediate resource value wetlands, respectively. Transition areas are not required for ordinary resource value wetlands.
The rules define prohibited activities in transition areas which include: removal, excavation or disturbance of soil; dumping or filling; erection of structures; placement of pavements and destruction of plant life. Projects for which a subdivision or site plan approval was obtained prior to July 1, 1989 and for which approvals remain valid or do not require substantial changes, are exempt from the transition area requirements.
In March 1994 the Department of Environmental Protection assumed authority from the Federal Government for its Freshwater Wetland Program. Upon assumption, the Department of Environmental Protection voided all transition area exemptions. Litigation initiated by NJBA on this issue was ruled upon in December 1994 reinstituting the previously issued exemptions. According to Department of Environmental Protection policy the overriding goal of the Freshwater Wetlands Program is to protect the resources. The general standards for most permits include language noting that the permit will be issued only if there is no practicable alternative. The Department issues two types of permits for activities in freshwater wetlands: General and Individual. Statewide General Permits are available for activities deemed to have minimal environmental impact including, but not limited to: repair, rehabilitation, replacement, maintenance or reconstruction of previously authorized structures; discharge of material for backfill or bedding for utility lines; minor road crossings; man made ditches or swales; isolated wetlands; construction of stormwater outfall structures under certain conditions; and placement of bulkheads adjacent to human made lagoons. There are currently 23 General Permits.
Individual Permits are required for all activities not covered by one of the Statewide General Permits or if a development involves more than one acre of fill. Mitigation is required as a condition of individual permits and certain Statewide General Permits. Mitigation may include restoration, creation, enhancement or donation of money or land.
Statute
N.J.S.A. 13: 9B - 1 et. seq., Freshwater Wetlands Protection Act.
Regulation Title
Freshwater Wetlands Protection Act Rules Citation N.J.A.C. 7:7A-1.1 et. seq. Effective Date March 16, 1992 Expiration Date March 16, 1997
Other Authority
None
Submittal Requirements
Letters of Interpretation (LOIs) providing information on the location or presence of wetlands, open waters and transition area classification may be obtained from the Department of Environmental Protection. Fees for this review range from $100 to $50,000 (see fee schedule on page 2-20). Supporting documentation including: notification of the municipal clerk, environmental commission, planning board and landowners within 200 feet of the site, must also be submitted.
For General Permit applications, forms are available and are specified per the instructions of the specific General Permit. In addition, any information necessary to determine whether the conditions of the General Permit will be satisfied must be submitted. Notice must be made to the municipal clerk, environmental commission, municipal planning board, county planning board, municipal construction officials and landowners within 200 feet of the proposed activity. General Permit authorizations are valid for five years.
The fee for a General Permit is $250. For individual permits an application form plus the following must be submitted: site plan or subdivision map; written description of the proposed activity; description of alternatives to the proposed activity; the purpose and intended use of the proposed activity; list of approvals required by other agencies; USGS map; statement detailing adverse environmental impacts and measures necessary to prevent or minimize them; list of areas which may require special protection; list of plants, fish, shellfish and wildlife which may be dependant on water quantity or quality; uses of proposed activities which may affect human health or welfare; description of practices which are proposed to minimize adverse environmental impacts; certification of submittal of application to municipal clerk; verification of submittal of notice and map to the municipal and county environmental commissions and planning boards, and landowners within 200 feet of the proposed activity; and verification of publication of notice in the newspaper.
The fee for an Individual Permit is $1000 plus $100 per one tenth acre of wetlands to be disturbed. See fee schedule on page 2-20.
Contact
Land Use Regulation Program
CN 401 Trenton, NJ 08625
609-633-6563
see pages 2-14 and 2-15
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Program Name
Flood Hazard (Stream Encroachment) *updated 6/13/96
Administered By
Land Use Regulation Program
Program Summary
This program addresses development in areas subject to inundation by flood water. The rules address the need to preserve the flood carrying capacity of the watercourse and to protect public and private property and the public health, safety and welfare. The program covers areas subject to flooding and divides these watercourses and their flood plains into two classes: delineated and non-delineated. Delineated flood plains or watercourses have been officially specified by the state. All others are non-delineated.
The conforming criteria depend on the characteristics of the area to be developed and the type of activity. The rules apply to the larger of the following areas: in the flood plain; 25 feet back from the top of channel bank; or 50 feet back from the top of channel bank from waters containing acid producing soils, Category 1, FW-1, FW-2, or trout producing waters (see maps on pages 2-18 and 2-19), or which are a part of the habitat or historic habitat for threatened and endangered species.
The rules state that applications will be denied for any project which significantly and adversely affects the biota of the watercourse, threatened or endangered species, agricultural or potable water supplies, or flooding or drainage characteristics of a water course or fishery. For regulated activities the rules specify engineering and environmental standards. Regulated activities include watercourse cleaning, excavation, disposal of spoils, stormwater management, channel modification, utilities, dams, structures, fill, and bridges and culverts. Projects are to be designed for an assumed 100 year flood.
For delineated streams, the regulated flood event is the 100 year flood increased by 25% to account for future development. For non-delineated streams the 100 year flood is to be calculated assuming full development in the basin, unless there is a regional stormwater management plan.
Statute
N.J.S.A. 58:16A-50 Flood Hazard Area Control Act 2-11
Regulation Title - Flood Hazard Area Control Citation - N.J.A.C. 7:13-1.1 et. seq. Effective Date - March 20, 1995 Expiration Date - March 20, 2000
Other Authority
Ninety Day Construction Permit Law (see page 2-61) The Department of Environmental Protection may delegate its authority for application approval and enforcement to the county.
Submittal Requirements
Application forms are available from the Department of Environmental Protection. Information to be submitted includes engineering data, certification of local notifications, photos Soil Erosion and Sediment Control Plans, detailed plans and Environmental Report.
Fees are assessed for minor and major stream encroachments and for modifications (see fee schedule page 2-20). In 1994, the Department of Environmental Protection implemented a voluntary pilot program for expediting the processing of certain stream encroachment permit applications for which the scope is limited to no more than two of the following elements: bridge deck replacements; footbridges; in-kind culvert replacements; limited bank stabilization; walls and bulkheads on lakes (repairs or replacements only); additions to one single family dwelling; minor grading; construction of minor additions to existing structures; utility crossings and net fill certification.
These permits will be processed in 30 days as the Department of Environmental Protection conducts a limited review, placing increased reliance on the certification of the Design Professional Engineer. To take advantage of this program you must notify the Department of Environmental Protection in advance of when the application will be submitted.
Contact
Land Use Regulation
Read NJBA's comments on the various DEP Rule Proposals.
On June 20, 2007, NJBA filed a letter with New Jersey’s Office of Economic Growth, providing a preliminary assessment of how the current DEP rule proposals (C-1 waters, Site Remediation Standards and WQMP) present major obstacles to both development and redevelopment of workforce housing. NJBA highlighted the existing atmosphere of regulatory uncertainty in New Jersey, due in particular to DEP’s lack of recognition of prior public sector planning decisions.
View copies of the NJBA's testimonies to the New Jersey Clean Water Council at its public hearings.
Registration under the Planned Real Estate Development Full Disclosure Act (PREDFDA) for sites undergoing remediation under the supervision of the New Jersey Department of Environmental Protection (DEP) would be accomplished as detailed below.