N.J. Admin. Code § 7:7A-1.1 - Purpose and scope
(a) This chapter constitutes the rules
governing the implementation of the Freshwater Wetlands Protection Act,
N.J.S.A. 13:9B-1 et seq., and the New Jersey Water
Pollution Control Act ,
N.J.S.A. 58:10A-1 et seq. Certain violations of the
New Jersey Water Pollution Control Act are also subject to enforcement
provisions at N.J.A.C. 7:14.
(b) The powers, duties, and functions vested
in the Department under this chapter shall not limit, in any manner, the
powers, duties, and functions vested under any other law, except as
specifically set forth in this chapter.
(c) The Freshwater Wetlands Protection Act,
on and subsequent to July 1, 1988, shall supersede any law or ordinance enacted
by any municipality, county, or political subdivision thereof, regulating
freshwater wetlands or freshwater wetlands transition areas, except that the
Pinelands Commission may provide for more stringent regulation of activities in
and around freshwater wetland areas within its jurisdiction. No municipality,
county, or political subdivision thereof shall enact any law, ordinance, rule,
or regulation requiring a transition area adjacent to a freshwater wetland ,
except that the Pinelands Commission may provide for more stringent regulation
of activities in and around freshwater wetland areas within its
jurisdiction.
(d) This section
shall not, however, preclude municipal advice to the Department concerning
letters of interpretation or other matters.
(e) This chapter shall not preempt State
regulatory programs that affect regulated activities in freshwater wetlands,
including, but not limited to, Coastal Area Facility Review Act (CAFRA ),
N.J.S.A. 13:19-1 et seq., the Flood Hazard Area
Control Act,
N.J.S.A. 58:16A-50 et seq., and State-approved
municipal water quality management plans. These programs will continue to
regulate based on the concerns covered by their respective enabling statutes
and rules, and may, through such regulation, have some impact on projects in
freshwater wetlands. However, those programs will not use freshwater wetlands
concerns as a basis for regulation, and any regulation by these programs of
projects in freshwater wetlands will be limited to that based on other concerns
(for example, flood danger).
(f) If
a proposed project does not involve a freshwater wetland or State open water,
does not constitute a regulated activity , or is exempt under this chapter, the
final decision on the application shall be based solely on the requirements of
other applicable permit programs.
Notes
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