N.J. Admin. Code § 7:7-2.5 - Obtaining an applicability determination

(a) A person may request a written applicability determination from the Department to determine the applicability of CAFRA, the Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.), and/or the Waterfront Development Law (N.J.S.A. 12:5-3 et seq.) to a proposed project. An applicability determination is optional, but the Department encourages persons to request one if there is uncertainty about whether a particular activity is regulated, since conducting unauthorized activities may result in enforcement action.

(b) A person requesting an applicability determination shall submit to the Department, at the address set forth at N.J.A.C. 7:7-1.6, the following:

1. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from the Department at the address set forth at N.J.A.C. 7:7-1.6, including a written description of the site and the proposed development including the dimensions, number, and uses of any proposed structures; the length of any proposed linear development; and the number of any parking spaces proposed;

2. A copy of the site plan or survey for the proposed project; and

3. A copy of a USGS quad map or local street map with the project site clearly indicated.

Notes

N.J. Admin. Code § 7:7-2.5

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015 Amended by 53 N.J.R. 514(b), effective 4/5/2021