N.J. Admin. Code § 7:7-26.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:7-26.5 - CAFRA individual permit application-public hearing

(a) The Department shall hold a fact-finding public hearing on a CAFRA individual permit application if the Department determines that, based on public comment received in response to the newspaper notice that the applicant must provide pursuant to N.J.A.C. 7:7-24.4(a) and/or a review of the project's scope and/or environmental impact of the proposed project, additional information is necessary to assist the Department in its evaluation of the potential impacts, and that this information can only be obtained through a public hearing.

(b) The Department shall set the date, place, and time of a public hearing within 15 calendar days after the date that the Department declares a CAFRA individual permit application is complete for public hearing pursuant to N.J.A.C. 7:7-26.3(b), (c), or (d) and shall so notify the applicant.

1. The date of the public hearing shall be no more than 60 calendar days after the application is declared complete for public hearing.

2. The public hearing shall be held in the municipality in which the development is proposed, if possible.

3. The Department shall accept written comments for 15 calendar days after the public hearing.

4. The Department shall publish notice of the public hearing in the DEP bulletin.

5. The applicant shall give notice of the public hearing as required by N.J.A.C. 7:7-24.4(e).

6. The applicant shall provide a court reporter and bear all costs of the public hearing, including, but not limited to, court reporter fees, transcript costs, and hearing room rental, and shall provide the Department with an electronic copy of the transcript.

7. The presiding official at the public hearing shall have broad discretion to place reasonable limits on oral and written presentations to allow every person the opportunity to speak and ensure the maintenance of an orderly forum. At the conclusion of the statements of interested persons, the applicant shall be afforded the opportunity to respond to the statements offered by interested persons.

(c) Within 15 calendar days after a public hearing is held on a CAFRA individual permit application, the Department shall take one of the following actions:

1. Determine the application is complete for review and issue notification to the applicant in writing that the application is complete for review, effective as of the date the public hearing was held; or

2. Determine the application is not complete for review because, based on issues raised during the public hearing and/or comment period, additional information is required and issue notification to the applicant in writing that the application is not complete for review and that additional information is required. The notification shall specify the additional information required and the deadline by which the additional information must be submitted. If the applicant submits all of the information requested pursuant to this notification, the Department shall determine the application complete for review, effective as of the date that the Department received the additional information.

(d) An applicant shall submit all additional information requested under (c)2 above within 90 calendar days after the date of the Department request, unless the Department specifies a different deadline in the request. If the applicant does not submit the additional information by the deadline, the Department shall, in accordance with N.J.A.C. 7:7-26.7, cancel the application or, if the applicant demonstrates good cause for the delay in providing the requested information, extend the time to submit the information.

(e) Once an application for a CAFRA individual permit for which a public hearing was held is complete for review, the Department shall make a decision to approve or deny the application by the applicable deadline established under N.J.A.C. 7:7-26.6.

N.J. Admin. Code § 7:7-26.5

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018

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