N.J. Admin. Code § 7:7A-4.3 - Presence/absence LOI

(a) A presence/absence LOI identifies whether any freshwater wetlands, State open waters or transition areas exist on a site, or on a portion of a site (footprint of disturbance). A presence/absence LOI also provides the resource value classification for any wetlands on the site.

(b) A presence/absence LOI does not identify the boundaries or location of any freshwater wetlands, transition areas, and/or State open waters found within a site or portion thereof. To obtain an LOI indicating the location or the boundaries of freshwater wetlands, transition areas, and/or State open waters, an applicant shall apply for a line delineation LOI under N.J.A.C. 7:7A-4.4, or a line verification LOI under N.J.A.C. 7:7A-4.5.

(c) The Department shall issue a presence/absence LOI for either of the following:

1. An entire site, regardless of its size; or

2. A portion of a site, also known as a footprint of disturbance, provided the portion is no larger than one acre.

(d) The Department shall issue a presence/absence LOI for more than one portion of a site, provided that:

1. Each portion is no larger than one acre;

2. The applicant submits a separate fee for each portion; and

3. No more than three presence/absence LOIs shall be issued for a single site under this subsection.

Notes

N.J. Admin. Code § 7:7A-4.3

Amended and recodified from 7:7A-3.2 by 49 N.J.R. 3849(a), effective 12/18/2017