Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES

  1. Subchapter 1 - GENERAL INFORMATION (§ 7:7A-1.1 to 7:7A-1.7)
  2. Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED (§ 7:7A-2.1 to 7:7A-2.12)
  3. Subchapter 3 - IDENTIFYING FRESHWATER WETLANDS AND TRANSITION AREAS; FRESHWATER WETLANDS RESOURCE VALUE CLASSIFICATION (§ 7:7A-3.1 to 7:7A-3.6)
  4. Subchapter 4 - LETTERS OF INTERPRETATION (§ 7:7A-4.1 to 7:7A-4.7)
  5. Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS (§ 7:7A-5.1 to 7:7A-5.27)
  6. Subchapter 6 - GENERAL PERMITS-BY-CERTIFICATION (§ 7:7A-6.1 to 7:7A-6.6)
  7. Subchapter 7 - GENERAL PERMITS (§ 7:7A-7.1 to 7:7A-7.27)
  8. Subchapter 8 - TRANSITION AREA WAIVERS (§ 7:7A-8.1 to 7:7A-8.10)
  9. Subchapter 9 - INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS (§ 7:7A-9.1 to 7:7A-9.9 through 7:7A-9.23)
  10. Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS (§ 7:7A-10.1 to 7:7A-10.11)
  11. Subchapter 11 - MITIGATION (§ 7:7A-11.1 to 7:7A-11.26)
  12. Subchapter 12 - CONSERVATION RESTRICTIONS (§ 7:7A-12.1 to 7:7A-12.7)
  13. Subchapter 13 - RECONSIDERATION BY DEPARTMENT OF ITS ACTION OR INACTION CONCERNING A PERMIT (§ 7:7A-13.1 to 7:7A-13.9)
  14. Subchapter 14 - EMERGENCY AUTHORIZATIONS (§ 7:7A-14.1 to 7:7A-14.6)
  15. Subchapter 15 - PRE-APPLICATION CONFERENCES (§ 7:7A-15.1 to 7:7A-15.26)
  16. Subchapter 16 - APPLICATION REQUIREMENTS (§ 7:7A-16.1 to 7:7A-16.20)
  17. Subchapter 17 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION (§ 7:7A-17.1 to 7:7A-17.5)
  18. Subchapter 18 - APPLICATION FEES (§ 7:7A-18.1 to 7:7A-18.2)
  19. Subchapter 19 - APPLICATION REVIEW (§ 7:7A-19.1 to 7:7A-19.11)
  20. Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS (§ 7:7A-20.1 to 7:7A-20.9)
  21. Subchapter 21 - REQUESTS FOR ADJUDICATORY HEARINGS (§ 7:7A-21.1 to 7:7A-21.4)
  22. Subchapter 22 - ENFORCEMENT (§ 7:7A-22.1 to 7:7A-22.20)
  23. Appendix 1 - , version 2

Notes

CHAPTER SOURCE AND EFFECTIVE DATE:
Effective: April 12, 2022.
See: 54 N.J.R. 905(c).
CHAPTER HISTORICAL NOTE:
Chapter 7A, Wetlands Management, was adopted as R.1972 d.68, effective April 13, 1972. See: 3 N.J.R. 255(a), 4 N.J.R. 96(d).
Chapter 7A, Wetlands Management, was repealed by R.1984 d.164, effective May 7, 1984 (operative June 1, 1984). See: 15 N.J.R. 2090(a), 16 N.J.R. 1073(a).
Chapter 7A, Freshwater Wetlands Protection Act Rules, was adopted as new rules by R.1988 d.267, effective June 6, 1988 (operative July 1, 1988). See: 19 N.J.R. 2330(a), 20 N.J.R. 1235(a).
Subchapter 16, Fees, and Subchapter 17, Civil Administrative Penalties and Requests for Adjudicatory Hearings, were adopted as R.1988 d.312, effective July 5, 1988. See: 20 N.J.R. 576(a), 20 N.J.R. 1553(a).
Subchapter 6, Transition Areas, and Subchapter 7, Transition Area Waivers, were adopted as new rules by R.1989 d.362, effective July 3, 1989. See: 21 N.J.R. 596(a), 21 N.J.R. 1858(a).
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 March 16, 1992. See: 23 N.J.R. 338(a), 24 N.J.R. 975(b).
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 August 3, 2001. As a part of R.2001 d.312, effective September 4, 2001, N.J.A.C. 7:7A-2.2 was repealed, and N.J.A.C. 7:7A-2.3 was recodified as N.J.A.C. 7:7A-2.2; N.J.A.C. 7:7A-2.4 and 7:7A-2.5 were recodified as N.J.A.C. 7:7A-2.3 and 7:7A-2.4; Subchapter 3, General Standards for Granting Freshwater Wetlands and Open Water Fill Permits, was recodified as Subchapter 7, Individual Freshwater Wetlands and Open Water Fill Permits; Subchapter 3, Letters of Interpretation, was adopted as new rules; Subchapter 5, Emergency Permits, was recodified as Subchapter 8; Subchapter 6, Transition Areas, was recodified as N.J.A.C. 7:7A-2.5 through 7:7A-2.7 and existing N.J.A.C. 7:7A-2.7 through 7:7A-2.9 were recodified as N.J.A.C. 7:7A-2.8 through 7:7A-2.10; Subchapter 6, Transition Area Waivers, was adopted as new rules; Subchapter 7, Transition Area Waivers, was repealed; N.J.A.C. 7:7A-8.6 and 7:7A-8.7were recodified as N.J.A.C. 7:7A-3.6; N.J.A.C. 7:7A-9.2 was recodified as Subchapter 5, Adopted General Permits; N.J.A.C. 7:7A-9.1, 7:7A-9.3 and 7:7A-9.4 were recodified as Subchapter 4, General Provisions for General Permits; N.J.A.C. 7:7A-9.23was recodified as N.J.A.C. 7:7A-5.23; Subchapter 10, Pre-Application Conferences, was recodified as Subchapter 9; Subchapter 11, Application Procedure, was recodified as Subchapter 10, Application Contents and Procedure; N.J.A.C. 7:7A-11.3 and 7:7A-11.4 were recodified as N.J.A.C. 7:7A-10.10 and 7:7A-10.11; Subchapter 14, Mitigation, was repealed, and Subchapter 14, Changes to Issued Permits or Waivers, was adopted as new rules; Subchapter 15, Enforcement, was recodified as Subchapter 16; N.J.A.C. 7:7A-15.1 through 7:7A-15.5 were recodified as N.J.A.C. 7:7A-16.1 through 7:7A-16.5; N.J.A.C. 7:7A-15.6 and 7:7A-15.7 were recodified as N.J.A.C. 7:7A-16.13 and 7:7A-16.14; N.J.A.C. 7:7A-15.8 and N.J.A.C. 7:7A-15.9 were recodified as N.J.A.C. 7:7A-16.16 and 7:7A-16.17; N.J.A.C. 7:7A-15.10 was recodified as N.J.A.C. 7:7A-14.5; N.J.A.C. 7:7A-15.11 was recodified as N.J.A.C. 7:7A-16.18; Subchapter 15, Mitigation, was adopted as new rules; Subchapter 16, Fees, was recodified as Subchapter 11; N.J.A.C. 7:7A-16.1 was recodified as N.J.A.C. 7:7A-11.1; N.J.A.C. 7:7A-17.1 and 7:7A-17.3 were repealed; N.J.A.C. 7:7A-17.2 was recodified as N.J.A.C. 7:7A-16.8; N.J.A.C. 7:7A-17.4 through 7:7A-17.7were recodified as N.J.A.C. 7:7A-16.9 through 7:7A-16.12; and N.J.A.C. 7:7A-17.8 and 7:7A-17.9were recodified as N.J.A.C. 7:7A-16.6 and 7:7A-16.7. See: 32 N.J.R. 2693(a), 33 N.J.R. 3045(a).
Subchapter 17, Reconsideration by Department of Its Action or Inaction Concerning a Permit, was adopted as new rules by R.2003 d.44, effective January 21, 2003. See: 34 N.J.R. 2388(a), 35 N.J.R. 418(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 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 September 4, 2008. See: 39 N.J.R. 3587(a), 40 N.J.R. 5581(a).
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 7A, Freshwater Wetlands Protection Act Rules, was scheduled to expire on September 4, 2015. See: 43 N.J.R. 1203(a).
Subchapter 11, Fees, was repealed and Subchapter 11, Application Fees, was adopted as new rules by R.2015 d.023, effective February 2, 2015. See: 46 N.J.R. 1839(a), 47 N.J.R. 422(a).
Chapter 7A, Freshwater Wetlands Protection Act Rules, was readopted, effective August 5, 2015. See: Source and Effective Date.
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 December 18, 2017. See: 49 N.J.R. 834(a), 49 N.J.R. 3849(a).
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 April 5, 2021 (operative October 5, 2021). See: 52 N.J.R. 1522(a), 53 N.J.R. 514(b).
Petition for Rulemaking. See: 54 N.J.R. 727(a), 728(a).
Chapter 7A, Freshwater Wetlands Protection Act Rules, was readopted, effective April 12, 2022. See: Source and Effective Date.

CHAPTER AUTHORITY:

N.J.S.A. 13:9B-1 et seq. and 58:10A-1 et seq.

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