Statutes, codes, and regulations
New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTIONChapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 9 - INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS
Section 7:7A-9.2 - Duration of an individual permit

N.J. Admin. Code § 7:7A-9.2

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Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:7A-9.2 - Duration of an individual permit
(a) An individual permit for any regulated activity is valid for five years from the date of issuance, and may be extended one time for five years pursuant to N.J.A.C. 7:7A-20.4.
(b) All regulated activities authorized by an individual permit shall immediately cease if the permit, including any extension thereof pursuant to N.J.A.C. 7:7A-20.4, expires. If a person intends to commence or continue regulated activities that had been authorized under an individual permit that has expired, the person shall obtain a new individual permit under this chapter authorizing the regulated activities.
1. If no regulated activities have occurred prior to the expiration of the individual permit, the Department shall issue a new individual permit only if the project is revised, where necessary, to comply with the requirements of this chapter in effect when the application for the new individual permit is declared complete for review.
2. If any regulated activities have occurred prior to the expiration of the individual permit, the Department shall issue a new individual permit only if the project is revised, where feasible, to comply with the requirements of this chapter in effect when the application for the new individual permit is declared complete for review. In determining the feasibility of compliance with the requirements in effect at the time the application is declared complete for review, the Department shall consider the amount of construction that has been completed prior to the expiration of the original individual permit, the amount of reasonable financial investment that has been made in the original design consistent with the requirements applicable under the original individual permit, and whether continuing construction as approved under the original individual permit would have an adverse impact on the environment.

N.J. Admin. Code § 7:7A-9.2

Amended by 49 N.J.R. 3849(a), effective 12/18/2017