NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Division of Land Use Regulation

Notice of Rule Proposal
Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A

Public Notice
Take notice that the New Jersey Department of Environmental Protection is proposing amendments to the Freshwater Wetlands Protection Act (FWPA) rules to require mitigation for impacts of 0.1 acres or greater for certain general permits.  In addition, for impacts of less than 0.1 acres, the Department will require mitigation unless an applicant demonstrates that impacts have been minimized and avoided. The general permits to which the mitigation requirement will apply are general permit 2 (underground utility lines); 6 (non-surface water connected wetlands that are also waters of the United States); 10A (very minor road crossings); 10B (minor road crossings); 11 (outfall and intake structures); 21 (above ground utility lines); and 27 (redevelopment of previously disturbed areas).

The proposal is scheduled to be published in the October 6, 2008, New Jersey Register. The proposal can be viewed or downloaded(PDF) on the Department’s rules and regulations webpage. A copy of the proposal is also available by e-mailing the Department at susan.lockwood@dep.state.nj.us , or by calling the Department at (609) 777-0454. 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:

Monday, November 3, 2008, at 10:00 A.M.
NJ Department of Environmental Protection
Public Hearing Room
401 East State Street
Trenton, New Jersey

Written comments may be submitted by December 5, 2008 to:

NJ Department of Environmental Protection
Janis Hoagland, Esq.
ATTN: DEP Docket No. 15-08-09/693
Office of Legal Affairs
P.O. Box 402
Trenton, NJ 08625