N.J. Admin. Code § 7:7A-4.6

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

Section 7:7A-4.6 - Duration of a letter of interpretation

(a) A person who is issued a letter of interpretation pursuant to this subchapter shall be entitled to rely on the determination of the Department, concerning the presence or absence, or the extent of freshwater wetlands and/or State open waters, for a period of five years from its issuance, unless the letter of interpretation is determined to have been based on inaccurate or incomplete information, in which case the Department may void the original letter of interpretation and issue a new letter of interpretation reflecting the actual conditions on the site. For example, the LOI may be revised to reflect additional wetland areas identified after LOI issuance; or if a threatened or endangered species habitat is disclosed or discovered after the LOI was issued, the Department may correct the resource value classification.

(b) The term of a letter of interpretation may be extended, provided that the information upon which the original letter was based remains valid, but shall not exceed five years from the original expiration date.

(c) Requests for extensions shall be made in writing to the Department before the letter of interpretation has expired, but no more than one year before the expiration date, and shall be subject to the application requirements at N.J.A.C. 7:7A-16. Applicants will be required to submit a new application if an extension is not applied for prior to the expiration date of the letter of interpretation.

N.J. Admin. Code § 7:7A-4.6

Amended and recodified from 7:7A-3.6 by 49 N.J.R. 3849(a), effective 12/18/2017