NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
OFFICE POLICY, PLANNING AND SCIENCE
COASTAL MANAGEMENT OFFICE

Notice of Rule Proposal
Coastal Permit Program rules, N.J.A.C. 7:7
Coastal Zone Management rules, N.J.A.C. 7:7E
Flood Hazard Area Control Act rules, N.J.A.C. 7:13

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing to amend the Coastal Permit Program rules, to add a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land; add a new permit-by-rule for the construction of solar panels; and describe the situations in which construction of a wind turbine or solar panel does not require a coastal permit.  The Department is also proposing amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, to facilitate the construction of wind turbines in the coastal zone in appropriate locations, identify particular areas where construction of large scale wind turbines would not be appropriate, and set forth monitoring, habitat evaluation and impact assessment requirements for birds, bats and marine organisms.  The Department is also proposing amendments to allow the construction of a demonstration wind energy facility in the ocean waters of the State to assist in assessing the impacts of such a facility.  In addition, the Department is proposing amendments to the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, to add a new permit-by-rule for the construction of wind turbines on land.

The proposal is scheduled to be published in the New Jersey Register dated September 8, 2009. A copy of the proposal is available from: the Department’s website (PDF); at County libraries, or by contacting LexisNexis Customer Service at (800) 223-1944 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing concerning the proposal is scheduled as follows:

Wednesday, October 14, 2009 at 1:00 P.M.
New Jersey Department of Environmental Protection
Public Hearing Room
401 East Sate Street
Trenton, NJ 08625

Written comments may be submitted by November 7, 2009 to:

NJ Department of Environmental Protection
Gary Brower, Esq.
ATTN: DEP Docket No. 12-09-08/743
Office of Legal Affairs
401 East State Street, 4th Floor
PO Box 402
Trenton, New Jersey 08625