N.J. Admin. Code § 7:13-20.1

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

Section 7:13-20.1 - Application fees

(a) This subchapter establishes the application fees for:

1. A revision of a Department delineation, pursuant to N.J.A.C. 7:13-3.7;

2. A verification, pursuant to N.J.A.C. 7:13-5;

3. An authorization under a general permit-by-certification, pursuant to N.J.A.C. 7:13-6 and 8, except as provided in (b)3 below;

4. An authorization under a general permit pursuant to N.J.A.C. 7:13-6 and 9, except as provided in (b)4 below;

5. An individual permit pursuant to N.J.A.C. 7:13-10, 11, and 12;

6. An extension of a verification, authorization under a general permit, or individual permit, pursuant to N.J.A.C. 7:13-22.3; and

7. A modification of a verification, authorization under a general permit, or individual permit, pursuant to N.J.A.C. 7:13-22.5.

(b) There is no application fee for:

1. An applicability determination pursuant to N.J.A.C. 7:13-2.5;

2. A permit-by-rule pursuant to N.J.A.C. 7:13-6 and 7;

3. An authorization under the following general permits-by-certification:

i. General permit-by-certification 4 for enhancement of a riparian zone through the planting of native, non-invasive plant species, 7:13-8.4; and

ii. General permit-by-certification 5 for reconstruction, relocation, expansion, and/or elevation of a building outside a floodway, 7:13-8.5;

4. An authorization under the following general permits:

i. General permit 1 for channel cleaning under the Stream Cleaning Act, 7:13-9.1;

ii. General permit 4 for creation, restoration, and enhancement of habitat and water quality values and functions, 7:13-9.4; and

iii. General permit 5 for the reconstruction and/or elevation of a building in a floodway, 7:13-9.5;

5. An emergency authorization, pursuant to N.J.A.C. 7:13-16;

6. A transfer of a verification, authorization under a general permit, individual permit, or emergency authorization, pursuant to N.J.A.C. 7:13-22.4; and

7. An administrative modification, pursuant to N.J.A.C. 7:13-22.5.

(c) Application fees shall be paid as follows:

1. For applications submitted electronically, application fees shall be paid through the online service by credit card or e-check, or for applications for general permits, individual permits, or verifications in accordance with N.J.A.C. 7:13-18.5(a), the applicant may elect to receive a bill that shall be payable directly to the New Jersey Department of the Treasury; or

2. For all other applications, application fees shall be paid by money order, check (personal, bank, certified, or attorney), or government purchase order made payable to the "Treasurer, State of New Jersey."

(d) Any fee required under this chapter that is subject to N.J.A.C. 7:1L, Payment Schedule for Permit Application Fees, shall be payable in installments in accordance with N.J.A.C. 7:1L.

(e) The fees for applications under this chapter are set forth in Table 20.1 below: Table 20.1

APPLICATION FEES

TABLE 20.1 APPLICATION FEES

Verification pursuant to N.J.A.C. 7:13-5

Fee
Method 1 (Department delineation method; see 7:13-3.3)	$ 1,000<1>
Method 2 (FEMA tidal method; see N.J. A.C. 7:13-3.4(d))	$ 1,000<1>
Method 3 (FEMA fluvial method; see N. J.A.C. 7:13-3.4(e))	$ 1,000<1>
Method 4 (FEMA hydraulic method; see 7:13-3.4(f))	$ 4,000 plus $ 400.00 per each 100 linear feet of regulated water (or fraction thereof)<2>
Method 5 (approximation method; see N. J.A.C. 7:13-3.5)	$ 1,000<1>
Method 6 (calculation method; see N.J. A.C. 7:13-3.6)	$ 4,000 plus $ 400.00 per each 100 linear feet of regulated water (or fraction thereof)<2>
Delineation of riparian zone only	$ 1,000

Authorization under a general permit-by-certification pursuant to N.J.A.C. 7:13-6 and 8

Type of General Permit-by-Certification	Fee
General permits-by-certification 4 and 5	No fee
Any other general permit-by-certification	$ 1,000

Authorization under a general permit pursuant to N.J.A.C. 7:13-6 and 9

General permits 1, 4, and 5	No fee
Any other general permit	$ 1,000
Individual permit pursuant to N.J.A.C. 7:13-10, 11, and 12
Individual permit for the construction of one single-family home or duplex, which is not being constructed as part of a residential subdivision or multi-unit development, or for the construction of an addition or other accessory structure to a single-family home or duplex	$ 2,000
Base fee for any other individual permit	$ 3,000
Additional review fee per project element<1>
Bank or channel stabilization, reestablishment, protection, or modification project	Review of hydrologic, hydraulic, and/or flood storage displacement (net-fill) calculations required	$ 4,000 plus $ 400.00 per each 100 linear feet of regulated water (or fraction thereof)<2>
No review of calculations $ 1,000 per project required
Bridge, culvert, footbridge, low dam, or other water control structure	Review of hydrologic, hydraulic, and/or flood storage displacement (net-fill) calculations required	$ 4,000 per structure
No review of calculations $ 1,000 per structure required
Review of flood storage displacement (net-fill) calculations for any project not listed above	$ 4,000
Review of a hardship exception request	$ 4,000
Utility line	$ 1,000 per crossing of a regulated water

Extension of a Verification, Authorization under a General Permit, or Individual Permit (N.J.A.C. 7:13-22.3)

Type of Extension	Fee
Extension of a verification based on Method 1, 2, 3, or 5	$ 240.00
Extension of a verification based on Method 4 or 6	Twenty-five percent of original application fee
Extension of a verification of the riparian zone alone	$ 240.00
Extension of an authorization under a general permit	$ 240.00
Extension of an individual permit	Twenty-five percent of original application fee

Modification of a verification, authorization under a general permit, or individual permit pursuant to N.J.A.C. 7:13-22.5

Administrative modification	No fee
Minor technical modification	$ 500.00 per project element modified
Major technical modification	Thirty percent of the original permit application fee or $ 500.

Revision of a Department delineation pursuant to N.J.A.C. 7:13-3.7

Fee
Each major revision	$ 4,000 plus $ 400.00 per each 100-foot segment of regulated water (or fraction thereof) to be re-delineated<2>
Each minor revision	$ 500.00

Additional application fee stormwater review if a project is a 'major development' pursuant to Stormwater Management Rules (see N.J.A.C. 7:8-1.2) <3>

Fee
Base fee for any major development	$ 3,000
Additional fee for review of groundwater recharge calculations (see 7:8-5.4)	$ 250.00 per acre of land disturbed by the project (or fraction thereof)
Additional fee for review of runoff quantity calculations (see 7:8-5.4)	$ 250.00 per acre of land disturbed by the project (or fraction thereof)
Additional fee for review of water quality calculations (see 7:8-5.5)	$ 250.00 per acre of impervious surface subject to water quality review (or fraction thereof)
Modification of previously reviewed stormwater	Thirty percent of
calculations	the original stormwater fee

<1> This fee does not apply for any application associated with the construction of one single-family home or duplex, which is not being constructed as part of a residential subdivision or multi-unit development, or for the construction of an addition or accessory structure to a single-family home or duplex.

<2> The length of the regulated water shall be measured along its centerline. The length of a regulated water in which no channel is discernible shall be determined by measuring along the approximate centerline of the regulated water.

<3> The additional application fee for stormwater review set forth in this table shall not exceed $ 20,000.

N.J. Admin. Code § 7:13-20.1

Amended and recodified from 7:13-17.1 by 48 N.J.R. 1067(a), effective 6/20/2016

Amended by 49 N.J.R. 2246(a), effective 7/17/2017

Amended by 53 N.J.R. 514(b), effective 4/5/2021