Current through Register Vol. 54, No. 7, April 4, 2022
Within 20 working days after the day of receipt of an application, the
Department shall review the application as follows:
1. If all items required by the application
checklist and/or application form are provided, the Department shall declare
the application administratively complete.
2. If an item submitted to the Department is
obviously deficient, the item shall be deemed missing from the application and
the Department shall declare the application administratively
application is not administratively complete, the Department shall return a
copy of the application to the applicant with a list of the missing and
deficient items. If the applicant does not submit the listed information within
30 days of the date of request or obtain an extension pursuant to (b)2 below,
the Department shall deem the application administratively closed and shall so
notify the applicant in writing.
1. If the
application is resubmitted within 30 days of the date the Department returns
the deficient application, the original application fee will be credited toward
the resubmitted application. If the applicant does not resubmit an application,
the applicant has 30 days to request a fee refund upon request. If the
Department does not receive a resubmitted application or a request for a fee
refund within the 30 days, the Department shall deem the application
administratively closed, and so notify the applicant in writing.
2. If, within 30 days of a Department return
of a deficient application, the applicant submits a letter providing good cause
for an extension, the Department shall extend the deadline for submission of
the information an additional 15 days or as it deems appropriate.
The applicant may submit the revised
application without repeating the public notice requirements of
the revised application is:
within 30 days after the date the Department returned the original submittal;
ii. Sufficiently similar to the
original submittal that the original public notice provides reasonable notice
of the nature and extent of the new submittal to potential interested
If the application is deemed administratively complete, the Department shall:
1. So notify the applicant in
2. Publish notice of the
application in the DEP Bulletin; and
Review the application for technical
i. If each application item is
adequate to allow the Department to determine if the proposed project complies
with this chapter, the Department shall declare the application technically
ii. If the application is
not technically complete, the Department shall request any additional
information necessary for technical completeness.
If the Department requests
additional information under (c)3ii above, the applicant shall provide copies
of the additional information to the persons who received a copy of the initial
(public notice requirements for Highlands Applicability
(e) If a person
submits an application and does not receive a response from the Department
within the deadlines imposed in this subchapter, the application shall not be
N.J. Admin. Code §
New Rule, R.2006 d.420,
See: 37 N.J.R. 4767(a), 38 N.J.R.
Former N.J.A.C. 7:38-11.2, Completeness review for
Highlands Applicability Determinations, HRADs and HPAAs, recodified to N.J.A.C.