N.J. Admin. Code § 7:7-4.12

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

Section 7:7-4.12 - Permit-by-rule 12 - construction of one to three wind turbines less than 200 feet in height having a cumulative rotor swept area no greater than 2,000 square feet

(a) This permit-by-rule authorizes the construction of one to three wind turbines less than 200 feet in height, measured from the ground surface to the tip of the blade at its highest position, and having a cumulative rotor swept area no greater than 2,000 square feet, provided:

1. No portion of the wind turbine(s), including blades, tower and site disturbance, shall be located in, on or over dunes, beaches, wetlands, coastal bluffs, or wild and scenic river corridors;

2. No wind turbine tower(s) or site disturbance shall be located in floodways;

3. The wind turbine(s), including blades, tower and site disturbance, is set back a minimum of 50 feet, as measured parallel to the ground:

(1) Landward of the mean high water line and the inland limit of any beach or dune. This setback does not apply to manmade lagoons and manmade ditches; and

(2) From the boundary of any wetlands;

4. No portion of the wind turbine, including blades, tower, and site disturbance, shall be located within an area mapped as threatened or endangered species habitat on the Department's Landscape Maps of Habitat for Endangered, Threatened and Other Priority Wildlife (Landscape Maps) except as provided at (a)4i and ii below. The Landscape Maps are available from the Department's Division of Fish and Wildlife, Endangered and Nongame Species Program at http://www.nj.gov/dep/fgw/ensp/landscape/index.htm;

i. The wind turbine(s) is located within 120 feet of an existing building on an actively maintained lawn or area of land that has been manipulated by contouring of the soil and/or by intentional planting of flowers, grasses, shrubs, trees or other ornamental vegetation, which is maintained in such a condition by regular and frequent (at least one time per year) cutting, mowing, pruning, planting, weeding or mulching; or

ii. The wind turbine(s) is located on legally existing impervious cover;

5. If the wind turbine(s) is more than 120 feet tall, measured from the ground surface to the tip of the blade at its highest position, the tower shall be a freestanding monopole(s); and

6. No lighting shall be placed on or directed at the wind turbine except for lighting required by the Federal Aviation Administration. Shielded ground level security lighting may be used. Lighting is shielded when it is covered in a way that light rays are not emitted above the horizontal plane of the light.

(b) Development under this permit-by-rule shall not result in construction of more than three wind turbines on a site, either solely or in conjunction with a previous wind turbine development.

N.J. Admin. Code § 7:7-4.12

Renumbered from 7:7-7.2(a)(13) by 47 N.J.R. 1392(a), effective 7/6/2015

Administrative Change, 51 N.J.R. 1193(a).