N.J. Admin. Code Tit. 7, ch. 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
- Subchapter 1 - GENERAL INFORMATION (§ 7:7A-1.1 to 7:7A-1.7)
- Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED (§ 7:7A-2.1 to 7:7A-2.12)
- Subchapter 3 - IDENTIFYING FRESHWATER WETLANDS AND TRANSITION AREAS; FRESHWATER WETLANDS RESOURCE VALUE CLASSIFICATION (§ 7:7A-3.1 to 7:7A-3.6)
- Subchapter 4 - LETTERS OF INTERPRETATION (§ 7:7A-4.1 to 7:7A-4.7)
- Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS (§ 7:7A-5.1 to 7:7A-5.27)
- Subchapter 6 - GENERAL PERMITS-BY-CERTIFICATION (§ 7:7A-6.1 to 7:7A-6.6)
- Subchapter 7 - GENERAL PERMITS (§ 7:7A-7.1 to 7:7A-7.27)
- Subchapter 8 - TRANSITION AREA WAIVERS (§ 7:7A-8.1 to 7:7A-8.10)
- Subchapter 9 - INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS (§ 7:7A-9.1 to 7:7A-9.9 through 7:7A-9.23)
- Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS (§ 7:7A-10.1 to 7:7A-10.11)
- Subchapter 11 - MITIGATION (§ 7:7A-11.1 to 7:7A-11.26)
- Subchapter 12 - CONSERVATION RESTRICTIONS (§ 7:7A-12.1 to 7:7A-12.7)
- Subchapter 13 - RECONSIDERATION BY DEPARTMENT OF ITS ACTION OR INACTION CONCERNING A PERMIT (§ 7:7A-13.1 to 7:7A-13.9)
- Subchapter 14 - EMERGENCY AUTHORIZATIONS (§ 7:7A-14.1 to 7:7A-14.6)
- Subchapter 15 - PRE-APPLICATION CONFERENCES (§ 7:7A-15.1 to 7:7A-15.26)
- Subchapter 16 - APPLICATION REQUIREMENTS (§ 7:7A-16.1 to 7:7A-16.20)
- Subchapter 17 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION (§ 7:7A-17.1 to 7:7A-17.5)
- Subchapter 18 - APPLICATION FEES (§ 7:7A-18.1 to 7:7A-18.2)
- Subchapter 19 - APPLICATION REVIEW (§ 7:7A-19.1 to 7:7A-19.11)
- Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS (§ 7:7A-20.1 to 7:7A-20.9)
- Subchapter 21 - REQUESTS FOR ADJUDICATORY HEARINGS (§ 7:7A-21.1 to 7:7A-21.4)
- Subchapter 22 - ENFORCEMENT (§ 7:7A-22.1 to 7:7A-22.20)
- Appendix 1 - , version 2
Notes
Effective:
See: 54 N.J.R. 905(c).
CHAPTER HISTORICAL NOTE:
Chapter 7A, Wetlands Management, was adopted as R.1972 d.68, effective
Chapter 7A, Wetlands Management, was repealed by R.1984 d.164, effective
Chapter 7A, Freshwater Wetlands Protection Act Rules, was adopted as new rules by R.1988 d.267, effective
Subchapter 16, Fees, and Subchapter 17, Civil Administrative Penalties and Requests for Adjudicatory Hearings, were adopted as R.1988 d.312, effective
Subchapter 6, Transition Areas, and Subchapter 7, Transition Area Waivers, were adopted as new rules by R.1989 d.362, effective
Petitions for Rulemaking. See: 21 N.J.R. 2675(b), 22 N.J.R. 253(a), 22 N.J.R. 1388(a).
Subchapter 4, General Standards for Granting an Open Water Fill Permit, was repealed by R.1992 d.117, effective
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from June 6, 1993 to March 16, 1997. See: 24 N.J.R. 912(a).
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from March 16, 1997 to March 16, 1998. See: 29 N.J.R. 1308(b).
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from March 16, 1998 to March 16, 1999. See: 30 N.J.R. 1319(a).
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from March 16, 1999 to March 16, 2000. See: 31 N.J.R. 871(b).
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from March 16, 2000 to December 31, 2000. See: 32 N.J.R. 1252(a).
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from December 31, 2000 to June 30, 2001. See: 33 N.J.R. 553(a).
The expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from June 30, 2001 to August 7, 2001. See: 33 N.J.R. 2640(b).
Chapter 7A, Freshwater Wetlands Protection Act Rules, was readopted as R.2001 d.312, effective
Subchapter 17, Reconsideration by Department of Its Action or Inaction Concerning a Permit, was adopted as new rules by R.2003 d.44, effective
In accordance with N.J.S.A. 52:14B-5.1d, the expiration date of Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from August 3, 2006 to August 3, 2007. See: 38 N.J.R. 3303(a).
In accordance with N.J.S.A. 52:14B-5.1c, Chapter 7A, Freshwater Wetlands Protection Act Rules, expires on January 30, 2008. See: 39 N.J.R. 3587(a).
In accordance with N.J.S.A. 52:14B-5.1d, the expiration date of Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from January 30, 2008 to September 4, 2008. See: 40 N.J.R. 620(a).
Chapter 7A, Freshwater Wetlands Protection Act Rules, was readopted as R.2008 d.291, effective
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 7A, Freshwater Wetlands Protection Act Rules, was scheduled to expire on
Subchapter 11, Fees, was repealed and Subchapter 11, Application Fees, was adopted as new rules by R.2015 d.023, effective
Chapter 7A, Freshwater Wetlands Protection Act Rules, was readopted, effective
Subchapter 1, General Information, was renamed General Provisions; Subchapter 2, Applicability, was renamed Applicability and Activities for Which a Permit is Required; Subchapter 3, Identifying Freshwater Wetlands and Transition Areas; Freshwater Wetlands Resource Value Classification was adopted as new rules; former Subchapter 3, Letters of Interpretation, was recodified as Subchapter 4; former Subchapter 4, General Provisions for General Permits, was recodified as Subchapter 5 and renamed General Provisions for General Permits-by-Certification and General Permits; Subchapter 6, General Permits-by-Certification, was adopted as new rules; former Subchapter 5, Adopted General Permits, was recodified as Subchapter 7 and renamed General Permits; former Subchapter 8, Emergency Permits, former Subchapter 9, Pre-Application Conferences, and former Subchapter 10, Application Contents and Procedure, were repealed; former Subchapter 6, Transition Area Waivers, was recodified as Subchapter 8; Subchapter 9, Individual Freshwater Wetlands and Open Water Fill Permits, was adopted as new rules; former Subchapter 7, Requirements for All Individual Freshwater Wetlands and Open Water Fill Permits, was recodified as Subchapter 10; former Subchapter 15, Mitigation, was recodified as Subchapter 11; Subchapter 12, Conservation Restrictions, was adopted as new rules; former Subchapter 17, Reconsideration by Department of Its Action or Inaction Concerning a Permit, was recodified as Subchapter 13; Subchapter 14, Emergency Authorizations, Subchapter 15, Pre-Application Conferences, Subchapter 16, Application Requirements, and Subchapter 17, Requirements for an Applicant to Provide Public Notice of an Application, were adopted as new rules; former Subchapter 11, Fees, was recodified as Subchapter 18 and renamed Application Fees; former Subchapter 12, Department Review of Applications, was recodified as Subchapter 19 and renamed Application Review; Subchapter 20, Permit and Waiver Conditions; Modification, Transfer, Suspension, and Termination of Authorizations and Permits, and Subchapter 21, Requests for Adjudicatory Hearings, were adopted as new rules; and former Subchapter 16, Enforcement, was recodified as Subchapter 22 by R.2017 d.243, effective
Subchapter 20, Permit and Waiver Conditions; Modification, Transfer, Suspension, and Termination of Authorizations and Permits, was renamed Permit and Waiver Conditions; Extension, Modification, Transfer, Suspension, and Termination of Authorizations and Permits, by R.2021 d.033, effective
Petition for Rulemaking. See: 54 N.J.R. 727(a), 728(a).
Chapter 7A, Freshwater Wetlands Protection Act Rules, was readopted, effective
CHAPTER AUTHORITY:
N.J.S.A. 13:9B-1 et seq. and 58:10A-1 et seq.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
- Subchapter 1 - GENERAL INFORMATION (§ 7:7A-1.1 to 7:7A-1.7)
- Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED (§ 7:7A-2.1 to 7:7A-2.12)
- Subchapter 3 - IDENTIFYING FRESHWATER WETLANDS AND TRANSITION AREAS; FRESHWATER WETLANDS RESOURCE VALUE CLASSIFICATION (§ 7:7A-3.1 to 7:7A-3.6)
- Subchapter 4 - LETTERS OF INTERPRETATION (§ 7:7A-4.1 to 7:7A-4.7)
- Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS (§ 7:7A-5.1 to 7:7A-5.27)
- Subchapter 6 - GENERAL PERMITS-BY-CERTIFICATION (§ 7:7A-6.1 to 7:7A-6.6)
- Subchapter 7 - GENERAL PERMITS (§ 7:7A-7.1 to 7:7A-7.27)
- Subchapter 8 - TRANSITION AREA WAIVERS (§ 7:7A-8.1 to 7:7A-8.10)
- Subchapter 9 - INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS (§ 7:7A-9.1 to 7:7A-9.9 through 7:7A-9.23)
- Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS (§ 7:7A-10.1 to 7:7A-10.11)
- Subchapter 11 - MITIGATION (§ 7:7A-11.1 to 7:7A-11.26)
- Subchapter 12 - CONSERVATION RESTRICTIONS (§ 7:7A-12.1 to 7:7A-12.7)
- Subchapter 13 - RECONSIDERATION BY DEPARTMENT OF ITS ACTION OR INACTION CONCERNING A PERMIT (§ 7:7A-13.1 to 7:7A-13.9)
- Subchapter 14 - EMERGENCY AUTHORIZATIONS (§ 7:7A-14.1 to 7:7A-14.6)
- Subchapter 15 - PRE-APPLICATION CONFERENCES (§ 7:7A-15.1 to 7:7A-15.26)
- Subchapter 16 - APPLICATION REQUIREMENTS (§ 7:7A-16.1 to 7:7A-16.20)
- Subchapter 17 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION (§ 7:7A-17.1 to 7:7A-17.5)
- Subchapter 18 - APPLICATION FEES (§ 7:7A-18.1 to 7:7A-18.2)
- Subchapter 19 - APPLICATION REVIEW (§ 7:7A-19.1 to 7:7A-19.11)
- Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS (§ 7:7A-20.1 to 7:7A-20.9)
- Subchapter 21 - REQUESTS FOR ADJUDICATORY HEARINGS (§ 7:7A-21.1 to 7:7A-21.4)
- Subchapter 22 - ENFORCEMENT (§ 7:7A-22.1 to 7:7A-22.20)
- Appendix 1 - , version 2
Notes
Effective:
See: 54 N.J.R. 905(c).
CHAPTER HISTORICAL NOTE:
Chapter 7A, Wetlands Management, was adopted as R.1972 d.68, effective
Chapter 7A, Wetlands Management, was repealed by R.1984 d.164, effective
Chapter 7A, Freshwater Wetlands Protection Act Rules, was adopted as new rules by R.1988 d.267, effective
Subchapter 16, Fees, and Subchapter 17, Civil Administrative Penalties and Requests for Adjudicatory Hearings, were adopted as R.1988 d.312, effective
Subchapter 6, Transition Areas, and Subchapter 7, Transition Area Waivers, were adopted as new rules by R.1989 d.362, effective
Petitions for Rulemaking. See: 21 N.J.R. 2675(b), 22 N.J.R. 253(a), 22 N.J.R. 1388(a).
Subchapter 4, General Standards for Granting an Open Water Fill Permit, was repealed by R.1992 d.117, effective
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from June 6, 1993 to March 16, 1997. See: 24 N.J.R. 912(a).
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from March 16, 1997 to March 16, 1998. See: 29 N.J.R. 1308(b).
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from March 16, 1998 to March 16, 1999. See: 30 N.J.R. 1319(a).
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from March 16, 1999 to March 16, 2000. See: 31 N.J.R. 871(b).
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from March 16, 2000 to December 31, 2000. See: 32 N.J.R. 1252(a).
The Executive Order No. 66(1978) expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from December 31, 2000 to June 30, 2001. See: 33 N.J.R. 553(a).
The expiration date for Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from June 30, 2001 to August 7, 2001. See: 33 N.J.R. 2640(b).
Chapter 7A, Freshwater Wetlands Protection Act Rules, was readopted as R.2001 d.312, effective
Subchapter 17, Reconsideration by Department of Its Action or Inaction Concerning a Permit, was adopted as new rules by R.2003 d.44, effective
In accordance with N.J.S.A. 52:14B-5.1d, the expiration date of Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from August 3, 2006 to August 3, 2007. See: 38 N.J.R. 3303(a).
In accordance with N.J.S.A. 52:14B-5.1c, Chapter 7A, Freshwater Wetlands Protection Act Rules, expires on January 30, 2008. See: 39 N.J.R. 3587(a).
In accordance with N.J.S.A. 52:14B-5.1d, the expiration date of Chapter 7A, Freshwater Wetlands Protection Act Rules, was extended by gubernatorial directive from January 30, 2008 to September 4, 2008. See: 40 N.J.R. 620(a).
Chapter 7A, Freshwater Wetlands Protection Act Rules, was readopted as R.2008 d.291, effective
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 7A, Freshwater Wetlands Protection Act Rules, was scheduled to expire on
Subchapter 11, Fees, was repealed and Subchapter 11, Application Fees, was adopted as new rules by R.2015 d.023, effective
Chapter 7A, Freshwater Wetlands Protection Act Rules, was readopted, effective
Subchapter 1, General Information, was renamed General Provisions; Subchapter 2, Applicability, was renamed Applicability and Activities for Which a Permit is Required; Subchapter 3, Identifying Freshwater Wetlands and Transition Areas; Freshwater Wetlands Resource Value Classification was adopted as new rules; former Subchapter 3, Letters of Interpretation, was recodified as Subchapter 4; former Subchapter 4, General Provisions for General Permits, was recodified as Subchapter 5 and renamed General Provisions for General Permits-by-Certification and General Permits; Subchapter 6, General Permits-by-Certification, was adopted as new rules; former Subchapter 5, Adopted General Permits, was recodified as Subchapter 7 and renamed General Permits; former Subchapter 8, Emergency Permits, former Subchapter 9, Pre-Application Conferences, and former Subchapter 10, Application Contents and Procedure, were repealed; former Subchapter 6, Transition Area Waivers, was recodified as Subchapter 8; Subchapter 9, Individual Freshwater Wetlands and Open Water Fill Permits, was adopted as new rules; former Subchapter 7, Requirements for All Individual Freshwater Wetlands and Open Water Fill Permits, was recodified as Subchapter 10; former Subchapter 15, Mitigation, was recodified as Subchapter 11; Subchapter 12, Conservation Restrictions, was adopted as new rules; former Subchapter 17, Reconsideration by Department of Its Action or Inaction Concerning a Permit, was recodified as Subchapter 13; Subchapter 14, Emergency Authorizations, Subchapter 15, Pre-Application Conferences, Subchapter 16, Application Requirements, and Subchapter 17, Requirements for an Applicant to Provide Public Notice of an Application, were adopted as new rules; former Subchapter 11, Fees, was recodified as Subchapter 18 and renamed Application Fees; former Subchapter 12, Department Review of Applications, was recodified as Subchapter 19 and renamed Application Review; Subchapter 20, Permit and Waiver Conditions; Modification, Transfer, Suspension, and Termination of Authorizations and Permits, and Subchapter 21, Requests for Adjudicatory Hearings, were adopted as new rules; and former Subchapter 16, Enforcement, was recodified as Subchapter 22 by R.2017 d.243, effective
Subchapter 20, Permit and Waiver Conditions; Modification, Transfer, Suspension, and Termination of Authorizations and Permits, was renamed Permit and Waiver Conditions; Extension, Modification, Transfer, Suspension, and Termination of Authorizations and Permits, by R.2021 d.033, effective
Petition for Rulemaking. See: 54 N.J.R. 727(a), 728(a).
Chapter 7A, Freshwater Wetlands Protection Act Rules, was readopted, effective
CHAPTER AUTHORITY:
N.J.S.A. 13:9B-1 et seq. and 58:10A-1 et seq.