N.J. Admin. Code § 7:7A-4.6 - Duration of a letter of interpretation
(a)
A person who is issued a letter of interpretation pursuant to this subchapter
shall be entitled to rely on the determination of the Department , concerning
the presence or absence, or the extent of freshwater wetlands and/or State open
waters , for a period of five years from its issuance, unless the letter of
interpretation is determined to have been based on inaccurate or incomplete
information, in which case the Department may void the original letter of
interpretation and issue a new letter of interpretation reflecting the actual
conditions on the site . For example, the LOI may be revised to reflect
additional wetland areas identified after LOI issuance; or if a threatened or
endangered species habitat is disclosed or discovered after the LOI was issued,
the Department may correct the resource value classification.
(b) The term of a letter of interpretation
may be extended, provided that the information upon which the original letter
was based remains valid, but shall not exceed five years from the original
expiration date.
(c) Requests for
extensions shall be made in writing to the Department before the letter of
interpretation has expired, but no more than one year before the expiration
date, and shall be subject to the application requirements at N.J.A.C. 7:7A-16.
Applicants will be required to submit a new application if an extension is not
applied for prior to the expiration date of the letter of
interpretation .
Notes
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