Current through Register Vol. 54, No. 7, April 4, 2022
Within 20 working days after receiving 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. However, if an item submitted to the Department is clearly deficient,
the item shall be considered missing from the application and the Department
shall declare the application administratively incomplete; and
2. 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
(b) If the
application is not administratively complete, the Department shall return the
application to the applicant with a list of the missing or deficient items. The
applicant may resubmit the application at any time. If the application is
resubmitted within one year of the date of original submission, the original
application fee will be credited toward the resubmitted application. If the
application is not resubmitted, the applicant may obtain a fee refund upon
If the application is
administratively complete, the Department shall:
1. Notify the applicant that the application
is administratively complete;
Transmit a copy of the application to other agencies if required under this
chapter. For example, an application involving a Highlands open water that is
also a freshwater wetland or State open water may need to be transmitted to EPA
for comment under
7:7A-12.2, or an application
involving a Federally-listed threatened or endangered species may be
transmitted to the U.S. Fish and Wildlife Service for comment;
3. Publish notice of the application in the
DEP Bulletin; and
4. If the
application is not technically complete under (a)2 above, request any
additional information necessary for technical completeness.
(d) If the Department requests
additional information under (c)4 above, the applicant shall provide copies of
the additional information to the persons who received a copy of the initial
application under N.J.A.C. 9.2(b)5 (public notice requirements for Highlands
Applicability Determinations), 9.4(b)2, (public notice requirements for HRADs)
or 9.5(a)3 (public notice requirements for HPAAs), and to the reviewing
agencies who received a copy under (c)2 above.
If an application is returned for
incompleteness under (b) above, the applicant may submit a new application
without repeating the public notice requirements of
9.4(b)2, or 9.5(a) if the new application:
Is submitted within 60 days after the date the Department returned the original
2. Is sufficiently
similar to the original submittal that the original public notice would provide
reasonable notice of the characteristics of the new submittal to potential
If a person submits an application and does not receive a response from the
Department within the deadlines imposed in this subchapter, the person shall
not be entitled to assume that the application is approved.
N.J. Admin. Code §
Recodified from N.J.A.C.
7:38-11.2 and amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
"Completeness review for Highlands Applicability Determinations, HRADs and
HPAAs". In (c)2, inserted ", or an application involving a Federally-listed
threatened or endangered species may be transmitted to the U.S. Fish and
Wildlife Service for comment".
Former N.J.A.C. 7:38-11.3, Public
comment on an application, recodified to N.J.A.C.