JERSEYPERMITTING IN NEW JERSEY - New Jersey Chapter of … · CAFRA • Types: –t Permit –egulates any development meanon a beach or dune, within 0 to 150 feet of the mean or

PERMITTING IN NEW JERSEYPERMITTING IN NEW JERSEYPERMITTING IN NEW JERSEYPERMITTING IN NEW JERSEY

KRISTOPHER J. KRZYSTON, CEI, CEM

KristopherKristopher J KrzystonJ KrzystonKristopherKristopher J. KrzystonJ. Krzyston

•• Rutgers graduate Rutgers graduate –– 1994 1994 B.S. Environmental PlanningB.S. Environmental Planning

ffCertificate in G.I.S.Certificate in G.I.S.•• Assistant Division Manager Assistant Division Manager –– Environmental Environmental

Science DivisionScience DivisionScience DivisionScience Division•• Over 16 Over 16 years experience in regulatory years experience in regulatory

compliance.compliance.compliance.compliance.•• Responsible for management of all permitting Responsible for management of all permitting

and remedial activities for the firm.and remedial activities for the firm.

NJDEP NJDEP –– DIVISION OF LAND USE DIVISION OF LAND USE REGULATIONREGULATION•• REGULATIONSREGULATIONS::

–– COASTAL AREA FACILITIES REVIEW ACT (CAFRA) COASTAL AREA FACILITIES REVIEW ACT (CAFRA) WATERFRONT DEVELOPMENTWATERFRONT DEVELOPMENT–– WATERFRONT DEVELOPMENTWATERFRONT DEVELOPMENT

–– FRESHWATER WETLANDSFRESHWATER WETLANDS–– COASTAL WETLANDSCOASTAL WETLANDS–– FLOOD HAZARD AREAFLOOD HAZARD AREA–– TIDELANDSTIDELANDS

O h A i / R l i b di dO h A i / R l i b di d•• Other Agencies / Regulations to be discussed:Other Agencies / Regulations to be discussed:–– NJ Pinelands CommissionNJ Pinelands Commission–– Soil ErosionSoil Erosion–– Soil ErosionSoil Erosion

CAFRACAFRACAFRACAFRA

•• Regulates areas within the Coastal Zone Regulates areas within the Coastal Zone --primarily from the southern limit of primarily from the southern limit of Middlesex County to the northern limit of Middlesex County to the northern limit of Salem County within coastal areas.Salem County within coastal areas.


Courtesy of NJDEP IMAP



•• Permit Types:Permit Types:–– CAFRA Individual PermitCAFRA Individual Permit –– regulates any development regulates any development

on a beach or dune, within 0 to 150 feet of the meanon a beach or dune, within 0 to 150 feet of the meanon a beach or dune, within 0 to 150 feet of the mean on a beach or dune, within 0 to 150 feet of the mean high water line (3 or more residential dwellings or 25 high water line (3 or more residential dwellings or 25 parking spaces or a public or industrial development), parking spaces or a public or industrial development), 0 to 500 feet of the mean high water line (25 or more0 to 500 feet of the mean high water line (25 or more0 to 500 feet of the mean high water line (25 or more 0 to 500 feet of the mean high water line (25 or more residential dwellings or 50 parking spaces or a public residential dwellings or 50 parking spaces or a public or industrial development), and areas beyond 500 or industrial development), and areas beyond 500 feet (75 or more residential dwellings or 150 parkingfeet (75 or more residential dwellings or 150 parkingfeet (75 or more residential dwellings or 150 parking feet (75 or more residential dwellings or 150 parking spaces or a public or industrial development), within spaces or a public or industrial development), within the designated CAFRA Zone.the designated CAFRA Zone.


–– Coastal General Permit ProvisionCoastal General Permit Provision::•Coastal GP 4 Long Branch Redevelopment

ZZone•Coastal GP 5 Amusement Pier Expansion•Coastal GP 6 Beach & Dune Maintenance•Coastal GP 6 Beach & Dune Maintenance

Activities •Coastal GP 7 Voluntary Reconstruction of•Coastal GP 7 Voluntary Reconstruction of

certain residential or commercial development


C l G 8 f d l f l f l h– Coastal GP8 for development of a single family home. – Coastal GP9 for reconstruction or expansion of a

single family home. – Coastal GP 10 Construction of a bulkhead on a

manmade lagoon– Coastal GP 11 Construction of a revetment at a single g

family home or duplex.– Coastal GP 12 Construction of gabions at a single

family home or duplex – Coastal GP 13 Construction of support facilities at

legally existing and operating marinas.– Coastal GP14 Reconstruction of a legally existing g y g

functioning bulkhead.


C l G l l– Coastal GP 15 investigation, cleanup, removal or remediation of hazardous substances

– Coastal GP 16 landfall of utilities– Coastal GP 17 Construction of recreational facilities at

public parks– Coastal GP 18 Bulkhead construction and placement p

of associated fill (natural water body)– Coastal GP 19 Construction of piers, docks including

jet ski ramps, pilings and boatlifts in man-made llagoons

– Coastal GP 20 Minor maintenance dredging in man-made lagoons


C l G 2 S bili i f d d Sh li– Coastal GP 21 Stabilization of Eroded Shorelines– Coastal GP 22 Avian nesting structures– Coastal GP 23 Modification of existing electrical substations– Coastal GP 24 Legalization of the filling of tidelands- prior

to 1978 – Coastal GP 25 Construction of telecommunication towers

C t l GP 26 C t ti f t i t t l t d t– Coastal GP 26 Construction of certain structures related to tourism at hotels / motels, commercial developments and multifamily developments over 75 units

– Coastal GP 27 Geotechnical Borings– Coastal GP 27 Geotechnical Borings– Coastal GP29 for Habitat creation or enhancement

activities

Waterfront DevelopmentWaterfront DevelopmentWaterfront DevelopmentWaterfront Development

•• Activities at or below the mean high water Activities at or below the mean high water elevation require an inelevation require an in--water waterfront water waterfront d l t itd l t itdevelopment permit.development permit.

•• Activities above the mean high water elevation Activities above the mean high water elevation to a distance of 500 feet landward or to the firstto a distance of 500 feet landward or to the firstto a distance of 500 feet landward or to the first to a distance of 500 feet landward or to the first paved public road, railroad or surveyable paved public road, railroad or surveyable property line that existed prior to September 26property line that existed prior to September 26property line that existed prior to September 26, property line that existed prior to September 26, 1980 require an upland waterfront development 1980 require an upland waterfront development permit.permit.pp

Freshwater WetlandsFreshwater WetlandsFreshwater WetlandsFreshwater Wetlands


•• Regulates all activities that take place within a Regulates all activities that take place within a State Open Water, Freshwater Wetland or State Open Water, Freshwater Wetland or T iti AT iti ATransition Area.Transition Area.

•• Transition Areas:Transition Areas:O di lO di l 0 f t t iti0 f t t iti–– Ordinary resource value Ordinary resource value –– 0 foot transition area.0 foot transition area.

–– Intermediate resource value Intermediate resource value –– 50 foot transition area50 foot transition area–– Exceptional resource valueExceptional resource value –– 150 foot transition area150 foot transition area–– Exceptional resource value Exceptional resource value –– 150 foot transition area150 foot transition area


•• Permit TypesPermit Types–– Individual Permit Individual Permit –– regulates all activities in regulates all activities in

f h t tl d th t d t l ithf h t tl d th t d t l ithfreshwater wetlands that do not comply with freshwater wetlands that do not comply with the General Permit Provisions or exceed 1 the General Permit Provisions or exceed 1 acre of impact.acre of impact.acre of impact.acre of impact.

–– Individual permits require mitigation Individual permits require mitigation –– for for example if you impact 3 acres of wetlands you example if you impact 3 acres of wetlands you have the option to have the option to createcreate 6 acres (2:1) or to 6 acres (2:1) or to preservepreserve 81 acres (27:1)81 acres (27:1)


G lG l•• General Permits:General Permits:–– General permit 1General permit 1----Maintenance and repair of existing Maintenance and repair of existing

features features G l it 2G l it 2 U d d tilit liU d d tilit li–– General permit 2General permit 2----Underground utility lines Underground utility lines

–– General permit 3General permit 3----Discharge of return water Discharge of return water –– General permit 4General permit 4----Hazardous site investigation and cleanup Hazardous site investigation and cleanup –– General permit 5General permit 5----Landfill closures Landfill closures –– General permit 6General permit 6----NonNon--tributary wetlands tributary wetlands –– General permit 6A General permit 6A ---- Transition areas adjacent to nonTransition areas adjacent to non--

t ib t tl dt ib t tl dtributary wetlands tributary wetlands –– General permit 7General permit 7----HumanHuman--made ditches or swales in made ditches or swales in

headwaters headwaters


G l 8G l 8 dddd•• General permit 8General permit 8----House additions House additions •• General permit 9General permit 9----Airport sight line clearing Airport sight line clearing •• General permit 10A General permit 10A ----Very minor road crossings Very minor road crossings pp y gy g•• General permit 10BGeneral permit 10B----Minor road crossings Minor road crossings •• General permit 11General permit 11----Outfalls and intake structures Outfalls and intake structures •• General permit 12General permit 12----Surveying and investigatingSurveying and investigating•• General permit 12General permit 12----Surveying and investigating Surveying and investigating •• General permit 13General permit 13----Lake dredging Lake dredging •• General permit 14General permit 14----Water monitoring devices Water monitoring devices

G l it 15G l it 15 M it t l ti itiM it t l ti iti•• General permit 15General permit 15----Mosquito control activities Mosquito control activities •• General permit 16General permit 16----Habitat creation and enhancement Habitat creation and enhancement

activities activities


G lG l l d b d lkl d b d lk•• General permit 17General permit 17----Trails and boardwalks Trails and boardwalks •• General permit 17A General permit 17A ---- NonNon--Motorized, MultipleMotorized, Multiple--

use Pathsuse Pathsuse Paths use Paths •• General permit 18General permit 18----Dam repair Dam repair •• General permit 19General permit 19----Docks and piers Docks and piers •• General permit 20General permit 20----Bank stabilization Bank stabilization •• General permit 21General permit 21----Above ground utility lines Above ground utility lines

G l it 23G l it 23 E i f bE i f b•• General permit 23General permit 23---- Expansion of cranberry Expansion of cranberry growing operations in the Pinelands growing operations in the Pinelands

•• General permit 24General permit 24----Spring developmentsSpring developmentsGeneral permit 24General permit 24 Spring developments Spring developments


•• General permit 25General permit 25----Malfunctioning individual Malfunctioning individual subsurface sewage disposal (septic) systems subsurface sewage disposal (septic) systems

•• General permit 26General permit 26 Minor channel or streamMinor channel or stream•• General permit 26General permit 26---- Minor channel or stream Minor channel or stream cleaning for local government agenciescleaning for local government agencies

•• General permit 27General permit 27----Redevelopment of previouslyRedevelopment of previouslyGeneral permit 27General permit 27 Redevelopment of previously Redevelopment of previously disturbed areasdisturbed areas

Transition Area WaiversTransition Area WaiversTransition Area WaiversTransition Area Waivers

•• Types of Transition Area Waiver Provisions:Types of Transition Area Waiver Provisions:–– Transition Area Averaging Transition Area Averaging –– ½ the width of the transition area ½ the width of the transition area

and compensation onto an area not developed i.e. 50’ becomes and compensation onto an area not developed i.e. 50’ becomes 25’ f d ti d 50’ b 75’ f ti25’ f d ti d 50’ b 75’ f ti25’ for reduction and 50’ becomes 75’ for compensation25’ for reduction and 50’ becomes 75’ for compensation

–– Special Activity Waiver for stormwater management, linear Special Activity Waiver for stormwater management, linear development or redevelopment.development or redevelopment.Indi id al T ansition A ea Wai eIndi id al T ansition A ea Wai e–– Individual Transition Area WaiverIndividual Transition Area Waiver

–– Matrix Type ReductionMatrix Type Reduction–– Hardship Transition Area WaiverHardship Transition Area Waiver

G l P it T iti A W iG l P it T iti A W i C t i tC t i t–– General Permit Transition Area Waiver General Permit Transition Area Waiver –– Counts as impact Counts as impact towards your wetland threshold.towards your wetland threshold.

–– Transition Area Waiver for Access (50 feet / 50 feet out)Transition Area Waiver for Access (50 feet / 50 feet out)

Coastal WetlandsCoastal WetlandsCoastal WetlandsCoastal Wetlands

•• The Coastal Wetlands act of 1970 required the The Coastal Wetlands act of 1970 required the state to provide aerial mapping that depicts state to provide aerial mapping that depicts coastal wetland limits All activities in Coastalcoastal wetland limits All activities in Coastalcoastal wetland limits. All activities in Coastal coastal wetland limits. All activities in Coastal Wetlands require a Coastal Wetlands Permit and Wetlands require a Coastal Wetlands Permit and mitigation at a 1 to 1 ratio.mitigation at a 1 to 1 ratio.

•• Wetlands immediately adjacent to mapped Wetlands immediately adjacent to mapped coastal wetlands are treated by the department coastal wetlands are treated by the department as freshwater wetlandsas freshwater wetlands often causing multipleoften causing multipleas freshwater wetlandsas freshwater wetlands-- often causing multiple often causing multiple permits i.e. freshwater wetland GP and a Coastal permits i.e. freshwater wetland GP and a Coastal Wetland Permit.Wetland Permit.

Flood Hazard AreasFlood Hazard AreasFlood Hazard AreasFlood Hazard Areas

Courtesy of NJDEP


fl d h d l l dfl d h d l l d•• A flood hazard area exists along every regulated water A flood hazard area exists along every regulated water that has a drainage area of 50 acres or morethat has a drainage area of 50 acres or more

•• A riparian zone exists along every regulated water, A riparian zone exists along every regulated water, t th i i i lt th i i i lexcept there is no riparian zone along:except there is no riparian zone along:

•• The Atlantic OceanThe Atlantic Ocean•• Any manmade lagoon or stormwater management Any manmade lagoon or stormwater management y g gy g g

basinbasin•• Any oceanfront barrier island, spit orAny oceanfront barrier island, spit or•• peninsulapeninsulapp•• Any piped section of an otherwiseAny piped section of an otherwise

regulated waterregulated water


h l f h h hh l f h h h•• The alteration of topography through excavation, The alteration of topography through excavation, grading and/or placement of fill;grading and/or placement of fill;

•• The clearing, cutting and/or removal ofThe clearing, cutting and/or removal ofvegetation in a riparian zone;vegetation in a riparian zone;

•• The creation of impervious surface;The creation of impervious surface;•• The storage of unsecured material;The storage of unsecured material;The storage of unsecured material;The storage of unsecured material;•• The construction, reconstruction and/orThe construction, reconstruction and/or

enlargement of a structure; andenlargement of a structure; and•• The conversion of a building into a privateThe conversion of a building into a private•• The conversion of a building into a privateThe conversion of a building into a private

residence or a public buildingresidence or a public building


i i i i hi h l d d ill i i fi i i i hi h l d d ill i i f•• Activities within the Flood Hazard area will require permits from Activities within the Flood Hazard area will require permits from the NJDEP.the NJDEP.

•• Permit Types IncludePermit Types Include::Flood Hazard Area Individual PermitFlood Hazard Area Individual Permit–– Flood Hazard Area Individual PermitFlood Hazard Area Individual Permit

–– Flood Hazard General Permit (s) consisting of:Flood Hazard General Permit (s) consisting of:•• General permit 1 for channel cleaning under the Stream General permit 1 for channel cleaning under the Stream

Cleaning ActCleaning ActCleaning ActCleaning Act•• General permits 2A through 2G for agricultural activities General permits 2A through 2G for agricultural activities

designed by the NRCSdesigned by the NRCS•• General permit 3 for bridge or culvert scour protection by General permit 3 for bridge or culvert scour protection by

blbla public entity a public entity •• General permit 4 for stormwater maintenance by a public General permit 4 for stormwater maintenance by a public

entityentity•• General permit 5 for the relocation of a building to reduceGeneral permit 5 for the relocation of a building to reduce•• General permit 5 for the relocation of a building to reduce General permit 5 for the relocation of a building to reduce

flood damageflood damage

Flood Hazard AreaFlood Hazard AreaFlood Hazard AreaFlood Hazard Area

G l 6 f h fG l 6 f h f•• General permit 6 for the reconstruction of a General permit 6 for the reconstruction of a damaged or destroyed residencedamaged or destroyed residence

•• General permit 7 for residential construction in a General permit 7 for residential construction in a tid l fl d h dtid l fl d h dtidal flood hazard areatidal flood hazard area

•• General permit 8 for a utility line across or along a General permit 8 for a utility line across or along a water with a drainage area of less than 50 acreswater with a drainage area of less than 50 acres

•• General permit 9 for a roadway or footbridge General permit 9 for a roadway or footbridge across a water with a drainage area of less than across a water with a drainage area of less than 50 acres50 acresG l it 10 f t t tf ll lG l it 10 f t t tf ll l•• General permit 10 for stormwater outfall along a General permit 10 for stormwater outfall along a water with a drainage area of less than 50 acreswater with a drainage area of less than 50 acres

TidelandsTidelandsTidelandsTidelands

•• Any activity taking place within areas Any activity taking place within areas designated by the NJDEP State owned designated by the NJDEP State owned tidelands will require a Tidelands Grant or tidelands will require a Tidelands Grant or interim License.interim License.

New Jersey Pinelands CommissionNew Jersey Pinelands CommissionNew Jersey Pinelands CommissionNew Jersey Pinelands Commission

Courtesy of NJDEP IMAP


•• The Pinelands Commission regulates all activities within The Pinelands Commission regulates all activities within their jurisdiction under the Comprehensive Management their jurisdiction under the Comprehensive Management Plan and Pinelands Protection Act.Plan and Pinelands Protection Act.

•• All activities must obtain approval from the Commission All activities must obtain approval from the Commission prior to advancing to construction.prior to advancing to construction.

•• Applicants can submit for Public DevelopmentApplicants can submit for Public Development•• Applicants can submit for Public Development Applicants can submit for Public Development Application if they are in compliance with the CMP / PPA.Application if they are in compliance with the CMP / PPA.

•• If the proposed project does not comply with the CMP/ If the proposed project does not comply with the CMP/ PPA th li t ill b i d t bt iPPA th li t ill b i d t bt iPPA, the applicant will be required to obtain a PPA, the applicant will be required to obtain a Memorandum of Agreement.Memorandum of Agreement.


Soil Erosion and Sediment Control Soil Erosion and Sediment Control ActAct

•• Any activity that disturbs more than 5,000 s.f. of Any activity that disturbs more than 5,000 s.f. of soil will require a local Soil Erosion and Sediment soil will require a local Soil Erosion and Sediment C t l Pl C tifi tiC t l Pl C tifi tiControl Plan Certification.Control Plan Certification.

•• Any activity that disturbs more that 5 acres of Any activity that disturbs more that 5 acres of land will require a New Jersey Pollutantland will require a New Jersey Pollutantland will require a New Jersey Pollutant land will require a New Jersey Pollutant Discharge Elimination SystemDischarge Elimination System (NJDPES) (NJDPES) Stormwater PermitStormwater PermitStormwater Permit.Stormwater Permit.

•• There are 15 Soil Conservation Districts in NJThere are 15 Soil Conservation Districts in NJ

Questions / CommentsQuestions / CommentsQuestions / CommentsQuestions / Comments

–– In closing, please note that there other In closing, please note that there other Federal and State agencies that have complex Federal and State agencies that have complex

l ti A i h th ACOEl ti A i h th ACOEregulations. Agencies such as the ACOE, regulations. Agencies such as the ACOE, USEPA, Coast Guard, NJ Meadowlands, NJ USEPA, Coast Guard, NJ Meadowlands, NJ Highlands and Delaware and Raritan CanalHighlands and Delaware and Raritan CanalHighlands and Delaware and Raritan Canal Highlands and Delaware and Raritan Canal Commission which regulate land use activities Commission which regulate land use activities through a formal application process.through a formal application process.g pp pg pp p

–– Thank You for your time Thank You for your time –– good luck on the good luck on the exam!exam!

Documents

JERSEYPERMITTING IN NEW JERSEY - New Jersey Chapter of … · CAFRA • Types: –t Permit –egulates any development meanon a beach or dune, within 0 to 150 feet of the mean or