OFFICIAL SITE OF THE STATE OF NEW JERSEYU.S. Army Corps of Engineers Permitting
Nationwide Permit (NWP)
A Nationwide Permit (NWP) is a type of general permit issued by the U.S. Army Corps of Engineers (USACE) for certain categories of activities. Below is a list of the NWPs that can be used to authorize aquaculture projects and activities. Prior to applying for an NWP, the activity must be approved by a waterfront development (WFD) permit by the NJDEP because New Jersey denied CZMA certification and Section 401 water quality certification for all NWPs. The WFD permit contains the necessary CZMA consistency certification and water quality certificate.
The activity must be a single and complete project. A single and complete project is defined as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. Projects may not be “piecemealed”. For example, one commercial shellfish mariculture operation occurring over multiple leases is a single and complete project and you cannot apply for an NWP for each individual lease. Seaweed or finfish mariculture that includes bivalves cannot be split into an NWP 48 and NWP 55/56 (see NWP descriptions, below).
There are no fees for an NWP. More information on Nationwide Permits can be found here: nap.usace.army.mil/Missions/Regulatory/Permits/NWP.aspx
NWP 48- Commercial Shellfish Mariculture Activities.
Nationwide Permit (NWP) 48 authorizes the installation of buoys, floats, racks, trays, nets, lines, tubes, containers, and other structures for new and continuing commercial shellfish mariculture operations. This NWP also authorizes discharges of dredged or fill material into waters of the United States necessary for shellfish seeding, rearing, cultivating, transplanting, and harvesting activities. The placement of shellfish seed and/or suitable substrate to increase shellfish production may be considered fill for purposes of this permit. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat.
This NWP does not authorize attendant features such as docks, piers, boat ramps, stockpiles, or staging areas, or the deposition of shell material back into waters of the United States as waste.
NWP 7- Outfall Structures and Associated Intake Structures.
Activities related to the construction or modification of outfall structures and associated intake structures, where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted by, or otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System Program (section 402 of the Clean Water Act). The construction of intake structures is not authorized by this NWP, unless they are directly associated with an authorized outfall structure.
This NWP can be used to authorize intake and outfall structures for land-based nursery operations.
NWP 55- Seaweed Mariculture Activities.
Nationwide Permit (NWP) 55 authorizes the installation of buoys, long-lines, floats, anchors, rafts, racks, and other similar structures in marine and estuarine waters, including structures anchored to the seabed in waters overlying the outer continental shelf, for seaweed mariculture activities. This NWP also authorizes structures for bivalve shellfish mariculture if shellfish production is a component of an integrated multi-trophic mariculture system (e.g., the production of seaweed and bivalve shellfish on the same structure or a nearby mariculture structure that is part of the single and complete project).
This NWP does not authorize attendant features such as docks, piers, boat ramps, stockpiles, or staging areas, or the deposition of shell material back into waters of the United States as waste.
NWP 56- Finfish Mariculture Activities.
Nationwide Permit (NWP) 56 authorizes installation of cages, net pens, anchors, floats, buoys, and other similar structures in marine and estuarine waters, including structures anchored to the seabed in waters overlying the outer continental shelf, for finfish mariculture activities. This NWP also authorizes structures for bivalve shellfish mariculture if shellfish production is a component of an integrated multi-trophic mariculture system (e.g., the of production of bivalve shellfish or seaweed on the structure used for finfish mariculture, or a nearby mariculture structure that is part of the single and complete project).
This NWP does not authorize attendant features such as docks, piers, boat ramps, stockpiles, or staging areas, or the deposition of shell material back into waters of the United States as waste.
Individual Permits. Letter of Permission (LOP) or Standard Permit (SP).
Individual permits can be used on a case-by-case basis to authorize docks, piers, boat ramps, stockpiles, staging areas, or land-based nursery operations that are not eligible for an NWP (see above discussion of NWPs). An LOP is an abbreviated permit for structures/work with minor impacts (e.g., small dock or dredging); it cannot be utilized where there is a discharge of fill associated with the regulated activity. There is no fee for a LOP. Other activities require a Standard Permit. There is a $100 fee for an SP involving commercial operations. More information on applications for Individual Permits can be found here: nap.usace.army.mil/Missions/Regulatory/Permits/IP.aspx