The maintenance, construction, or reconstruction of a septic system within freshwater wetlands, transition areas, and/or State open waters requires a Freshwater Wetlands (FWW) permit. A General permit-by-certification 24 at N.J.A.C. 7:7A-6.2 or General Permit 24 at N.J.A.C. 7:7A-7.24 are both available for this activity. 

(General permit-by-certification 24 at N.J.A.C. 7:7A-6.2 or General Permit 24 at N.J.A.C. 7:7A-7.24) – May be obtained if you have acre repairing or modifying a malfunctioning septic system within freshwater wetlands or transition areas and disturbing no more than 0.25 acres of those features. In addition, in order to obtain a GP24 or a GPBC24 you must have a letter from the local board of health with jurisdiction over the septic system stating that proposed septic system complies with state standards, is not an expansion of the system, a change in use, and that there is no alternative onsite location. Please note, a GP24 or a GPBC24 are not for a new septic system, a new septic system is not permitted in freshwater wetlands or transition areas without an Individual Permit (IP). An IP application would need to include a description as to why the project cannot be constructed outside of regulated areas.

Septic systems, referred to in the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13 as “individual subsurface sewage disposal systems,” may be authorized under a permit-by-rule or an individual permit.

Septic system replacement or repair may qualify for a flood hazard area permit-by-rule. In addition to the specific permit requirements, activities must also comply with N.J.A.C. 7:13-6.7.

Permit-by-rule 8 at N.J.A.C. 7:13-7.8 authorizes construction at or below grade in a fluvial flood hazard area. Ground elevation may not be raised. Disturbance may not be located within 25 feet of any top of bank unless the project is adjacent to a lawfully existing bulkhead, retaining wall, or revetment. Clearing, cutting, or removal of vegetation must be limited to actively disturbed areas and cannot result in more than a cumulative total of one-quarter acre of disturbance in combination with all other activities on site since November 5, 2007. Activities under this permit, in combination with all other activities, may not constitute a major development as defined by the Stormwater Management Rules at N.J.A.C. 7:8.

Permit-by-rule 9 at N.J.A.C. 7:13-7.9 authorizes construction activities in a tidal flood hazard area, with the similar requirements to permit-by-rule 8. Permit-by-rule 10 at N.J.A.C. 7:13-7.10 authorizes construction outside of a flood hazard area but within a riparian zone. Similar requirements apply.

If the activity does not meet the requirements of the permits-by-rule above, an individual permit is required, pursuant to N.J.A.C. 7:13-10, 11, and 12. N.J.A.C. 7:13-11.2(q) establishes standards for the construction, maintenance, or repair of a septic system in a riparian zone. Septic system activities that meet the requirements of N.J.A.C. 7:13-11.4(d)9 in a flood fringe are not subject to the flood storage volume displacement limits otherwise applicable to activities in a flood fringe.

Please be aware that any fill or grading associated with the repair or replacement of the septic system may also be a regulated activity and may also require an individual permit.

The construction of a new septic system within coastal areas may require a permit. The repair of a malfunctioning septic system at a single-family home or duplex may qualify for the below described exemption or General Permit. Projects which do not meet the exemption or General Permit requirements may require a CAFRA, Coastal Wetlands, and/or Waterfront Development Individual Permit.

Potentially applicable Exemption:

• The reconstruction, conversion, alteration or enlargement of any existing structure located within Upland Waterfront Development jurisdiction and more than 100’ landward of the mean high water line, provided there is no change in land use and the enlargement is less than 5,000 sq. ft. per N.J.A.C. 7:7-2.4(d)2. Please see the aforementioned rule for complete requirements.

Potentially applicable General Permit (GP):

GP 5 – authorizes expansion or reconstruction (with or without expansion) of a single-family home or duplex.

Tidelands, also known as riparian lands, are all those lands now or formerly flowed by the mean high tide of a natural waterway; that is to say any land that is currently or was previously covered by tidal waters. The State of New Jersey, and therefore the people of New Jersey, owns all Tidelands except for those to which it has already sold its interest in the form of a riparian grant. It is important to note that the State generally does not own artificial waterways such as lagoons, however, the State does claim those lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior to the creation of the lagoon.

Septic systems that are proposed in an area that is currently landward of the mean high water line but was, at some point, flowed by the tide may require a tidelands grant.

A riparian grant, or tidelands grant, is a deed from the State of New Jersey selling its tidelands. Tidelands grants are generally only issued for lands that have already been filled in and are no longer flowed by the tide.