N.J. Admin. Code § 7:13-21.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:13-21.3 - Department decision on an application that is complete for review

(a) Within 90 calendar days after an application for a verification, application for an authorization under a general permit, or application for an individual permit is declared complete for review in accordance with N.J.A.C. 7:13-21.2, the Department shall:

1. Determine that the application meets the requirements of this chapter and issue a verification, authorization, or individual permit approving the application in writing. The verification, authorization, or individual permit shall include any conditions necessary to ensure compliance with this chapter; or

2. Determine that the application does not meet the requirements of this chapter and deny the application in writing. The decision denying the application shall include the reasons for the denial.

(b) The 90-calendar-day deadline set forth in (a) above may be extended for 30 calendar days by mutual agreement between the applicant and the Department. An applicant consenting to an extension shall do so in writing. The deadline shall not be extended by less than or greater than 30 calendar days.

(c) If the Department does not make a decision to approve or deny an application for a verification, application for authorization under a general permit or application for an individual permit by the applicable deadline set forth in (a) or (b) above, the application shall be deemed to have been approved as of that deadline. Regulated activities shall not commence unless and until all required tidelands instrument(s) to use and occupy State-owned tidelands are obtained.

1. An authorization or individual permit issued under this subsection shall include the standard conditions set forth in N.J.A.C. 7:13-22.2.

2. A verification, authorization , or individual permit issued under this subsection shall not prevent the Department from taking enforcement action pursuant to N.J.A.C. 7:13-24for any activity undertaken in violation of this chapter.

(d) The Department shall provide notice of the decision on an application for a verification, application for authorization under a general permit , or application for an individual permit in the DEP Bulletin and to any person who specifically requested notice of the decision on a particular application.

(e) The Department shall not waive the timeframes established in this subchapter for review and decision on an application.

N.J. Admin. Code § 7:13-21.3

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016

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