N.J. Admin. Code § 7:13-15.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:13-15.1 - Hardship exception for an individual permit

(a) The Department shall issue an individual permit for a project or regulated activity that does not comply with one or more of the requirements at N.J.A.C. 7:13-11 and 12 only if:

1. One or more of the requirements at (b) below are satisfied; and

2. All of the requirements at (c) below are satisfied.

(b) A project or regulated activity is eligible for a hardship exception under this section only if one or more of the following apply:

1. The Department determines that there is no feasible and prudent alternative to the proposed project or regulated activity, including not pursuing the project or regulated activity, which would avoid or substantially reduce the anticipated adverse effects of the project or regulated activity, and that granting the hardship exception would not compromise the reasonable requirements of public health, safety, and welfare, or the environment;

2. The Department determines that the cost of compliance with the requirements of this chapter is unreasonably high in relation to the environmental benefits that would be achieved by compliance; or

3. The Department and applicant agree to one or more alternative requirements that, in the judgment of the Department, provide equal or better protection to public health, safety, and welfare and the environment.

(c) In addition to meeting at least one of the requirements in (b) above, a project or regulated activity is eligible for a hardship exception under this section only if the applicant demonstrates that:

1. Due to an extraordinary situation of the applicant or site condition, compliance with this chapter would result in an exceptional and/or undue hardship for the applicant and/or would adversely impact public health, safety, and welfare;

2. The proposed project or regulated activities will not adversely affect the use of contiguous or nearby property; and

3. The proposed project or regulated activities will not pose a threat to the environment, or to public health, safety, and welfare.

(d) In determining whether to approve a hardship exception for an application satisfying the requirements of (b) and (c) above, the Department shall consider the extent to which the applicant, prior or current property owner(s), and/or their agents may have directly caused or contributed to the hardship.

(e) To obtain an individual permit based on a hardship exception, the applicant shall submit an application for an individual permit pursuant to N.J.A.C. 7:13-18 and shall include the following additional information as applicable:

1. A detailed narrative that:

i. Explains how the project or regulated activity for which the applicant is seeking a hardship exception meets at least one of the requirements at (b) above as well as all of the requirements of (c) above; and

ii. Demonstrates that the applicant has pursued alternate designs and/or locations for the project or regulated activity, as applicable, which have proven to be not feasible;

2. A description of any potential impacts of the proposed project or regulated activity upon the environment;

3. If the hardship exception request relates to the requirements for buildings at N.J.A.C. 7:13-12.5, all necessary structural, socio-economic, flood-proofing, and/or other information relevant to support the request;

4. If the hardship exception request relates to the access requirements of N.J.A.C. 7:13-12.6, proposed access routes to and from the property during a flood;

5. If the hardship exception request relates to any potential impacts from or to flooding, the projected height, velocity and duration of the floodwaters expected at the site during the flood hazard area design flood, as well as evidence that the project will not adversely affect the hydraulic capacity of any water so as to cause or increase flooding upstream and/or downstream of the proposed project;

6. If the hardship exception request is based on economic grounds, detailed financial documentation to support the request;

7. A description of the existing development in the area and any potential impacts of the proposed project or regulated activities on that development; and

8. Any additional information that the Department determines is reasonable and necessary to evaluate whether the hardship exception request meets the requirements of this section.

(f) The Department shall review an application for an individual permit based on a hardship exception in accordance with the procedures for an individual permit at N.J.A.C. 7:13-21.

(g) A delegated agency shall not issue an individual permit based on a hardship exception.

N.J. Admin. Code § 7:13-15.1

Amended by 47 N.J.R. 422(a), effective 2/2/2015

Amended and recodified from 7:13-9.8 by 48 N.J.R. 1067(a), effective 6/20/2016