Emergency Permits Information

Flood Hazard Area

Overview

While many activities and projects are authorized under flood hazard general permits-by-certification, general permits, or individual permits, emergency situations sometimes make it impossible to undergo the full permitting process before starting activities. In these cases, the Department may issue an emergency authorization. The standards for issuance of an emergency authorization are located at N.J.A.C. 7:13-16. Refer to this subchapter for all applicable requirements.

As established by N.J.A.C. 7:13-16.1, the Department will issue an emergency authorization only if the person seeking such authorization demonstrates that a threat to life, severe loss of property, or environmental degradation exists or is imminent, and the threat, severe loss, or degradation:

1. Can only be prevented or ameliorated through undertaking a regulated activity; and

2. Is likely to occur, persist, or be exacerbated before the Department can issue an authorization under a general permit or an individual permit for the preventive or ameliorative activity.

Requirements

Requirements   for the issuance of an emergency permit are located at N.J.A.C. 7:13-16.2.

An applicant for an emergency permit must provide the Department with the following information by telephone, and in addition by fax, electronic mail or letter, if possible:

  1. The name, address, and contact information for the owner(s) of the property where the activity will take place and for the owner(s) of any other properties affected;
  2. A demonstration that the property owner(s) have given permission for the proposed activity;
  3. The location of the property;
  4. The nature and cause of the threat to life, severe loss of property, or environmental degradation;
  5. The date and time the person requesting the emergency authorization became aware of the threat;
  6. The nature and extent of the proposed regulated activity;
  7. The proposed start and completion dates of the activity;
  8. Photographs of the area where the activity will be conducted;
  9. If possible, a site plant showing the proposed activity and anticipated impacts to flood hazard areas and riparian zones; and
  10. Any other information necessary to demonstrate compliance with the Flood Hazard Area Control Act Rules.

Public notice and an application fee are not required at the time of the emergency authorization request, but are required with the permit application submitted after the completion of emergency authorization activities.

If all conditions are met, the Director of the Division of Land Use Regulation, or the Director’s designee, will provide verbal approval of the necessary activities. This verbal approval will be followed within five working days by a written confirmation of the emergency authorization from the Department. Within 20 days of the verbal decision, the Department will publish notice of the emergency authorization in the DEP Bulletin.

After Issuance

The approved emergency activities must be commenced within 30 calendar days after the Department’s verbal approval of the emergency permit, unless a different timeframe is specifically established by the Department. If the emergency activities are not commenced within the applicable timeframe, the emergency authorization will expire.

All regulated activities authorized under the emergency authorization shall be completed within 60 calendar days of the Department’s verbal approval, unless a different timeframe is established by the Department. If the regulated activities authorized under the emergency permit are not completed in the applicable timeframe, these regulated activities must cease until an individual permit, general permit authorization, or another emergency authorization is obtained from the Department.

An emergency authorization may be modified or terminated at any time if the Department determines that it is necessary to do so to protect public health, safety, and welfare, and/or the environment.

The permittee must submit to the Department a complete application for an individual permit or a general permit authorization for the completed activities within 90 calendar days of the Department’s verbal approval of the emergency permit, unless extended different timeframe is established by the Department. The application must include the following, in addition to the application requirements for the general permit authorization or individual permit:

  1. A demonstration that the regulated activities conducted under the emergency authorization comply with this chapter, or an explanation of why full compliance could not be achieved; and
  2. “As-built” site plans, signed and sealed by a engineer, land surveyor or architect, as appropriate, showing the regulated activities that were conducted under the emergency permit.

Upon review of this application, the Department may require design changes, restoration, and/or stabilization measures as necessary. Be aware that if any regulated activities not authorized under the emergency authorization or subsequent permit are conducted that such activities constitute a violation of the Flood Hazard Area Control Act Rules subject to enforcement action.

Coastal Permitting & Exemptions

Coastal Permitting Exemptions

Various activities within the Waterfront Development, Coastal wetlands and CAFRA are exempt from permitting requirements, provided the site and project meet all the criteria in the rule.  Each exemption listed below is followed by a code indicating which jurisdiction the exemption applies to:  CAFRA for Coastal Area Facilities Review Act, WF for Waterfront Development Law, and CW for The Wetlands Act of 1970.  The details of the exemptions are found primarily within the Coastal Permit Program Rules, N.J.A.C. 7:7, in particular within Subchapter 2- Activities for which a permit is required.  Definitions are found at N.J.A.C. 7:7-1.3.
CAFRA is discussed at N.J.A.C. 7:7-2.1
Coastal Wetlands is discussed at N.J.A.C. 7:7-2.2
Waterfront Development is discussed at N.J.A.C. 7:7-2.3

  • Development with preliminary site plan approval or final municipal; building or construction permit on or before July 19, 1994 with construction beginning by July 19, 1997 (CAFRA)
  • Residential development with preliminary subdivision approval or minor subdivision approval prior to July 19, 1994 (CAFRA)
  • Reconstruction of legally existing development damaged after July 19, 1994  in the same footprint (CAFRA)
  • Construction of a residential patio or deck, without grading, excavation or filling on a on a beach or dune (CAFRA)
  • Some public roadway and utility projects (CAFRA)
  • Development with an existing valid CAFRA permit dated prior to July 19, 1994 with construction begun before expiration and continued without lapse (CAFRA)
  • Expansion of functioning amusement pier by 25% landward of the mean high water line, beach or dune (CAFRA)
  • Continued production of commercial salt hay or other agricultural crops on lands so used on or before April 13, 1972 (CW)
  • Mooring of a floating home for less than 10 consecutive days (WFD)
  • Floating homes in use within the waters of the state prior to June 1, 1984. (WFD)
  • Construction, alteration, expansion or reconstruction of single family home or addition if greater than 100 feet landward of the mean high water line. (upland WFD)
  • Reconstruction, conversion, alteration or enlargement of any existing structure located more than 100 feet landward of the mean high water line, without change in land use and enlargements is less than 5,000 square feet (upland WFD)
  • Minor additions or changes in existing structures located on the existing cleared area of the site, does not result in adverse impacts to Special Areas, and is set back a minimum of 15 feet landward of the mean high water line. (upland WFD)
  • Wind turbines attached to legally existing building, less than 200 feet in height, less than 2,000 square feet rotor swept area, with monopole above 100 feet. (upland WFD)
  • Installation of solar panels on legally existing buildings, attached to utility pole within a maintained utility right of way., on legally existing impervious cover or landfill (upland WFD)
  • Zane Exemptions:
    • Repair, replacement, renovation or reconstruction, in the same location and size, as measured in three dimensions (length, width and height), of the preexisting structure, of any dock, wharf, pier, bulkhead or building legally existing prior to January 1, 1981. (WFD)
    • Repair, replacement, renovation or reconstruction, in the same location and size, as measured in three dimensions (length, width and height), of the preexisting structures, of any floating dock mooring raft or similar temporary or seasonal improvements or structure existing prior to January 1, 1981. (WFD)
    • Redecking and replacement of bridge surfaces without change in width, length or height (WFD)

Coastal Emergeny Permits

The Department may issue an emergency permit authorization if it determines that there is an imminent threat to lives or property if regulated construction activities are not immediately commenced. For example, if your bulkhead is wholly or partially ripped out due to a storm event, and the upland are of the property has already been or is likely to be damaged significantly as a result, this will probably qualify for an emergency permit for the bulkhead replacement. The potential for severe environmental degradation will also constitute basis for issuing an emergency permit authorization. If you believe that your property requires an emergency permit authorization:

  • Contact the Division of Land Resource Protection as outlined in the “How to Request a Land Use Emergency Authorization ” or the Bureau of Coastal and Land Use Enforcement via telephone at (732) 255-0787 to alert them of the situation. In response, a representative of the Bureau will inspect the subject property to evaluate the extent of the imminent threat. The determination of imminent threat will be made solely by the Department, based on the condition of the property at the time of inspection. The findings will be provided to the Division of Land Use Regulation along with a recommendation on how to proceed with the request for emergency permit authorization.
  • The Division will make the final determination as to whether or not an emergency permit authorization will be granted. You may receive oral or written authorization. If oral authorization is granted, a written version of the authorization will be issued within 5 working days. If you deviate in construction activities from that which were authorized under the emergency permit, this will constitute a violation. You must receive authorization to deviate from the originally granted emergency permit authorization if you wish to alter your construction activities. If you continue with unauthorized construction, your emergency authorization may be suspended or revoked. You may also face additional enforcement penalties.
  • Within 10 working days of the issuance of the emergency permit authorization (oral or written authorization), you must submit a complete coastal permit application for the activity that you have been authorized to do under the emergency permit authorization. This means you must include all of the materials of a complete application that you normally would have if the circumstance did not require immediate attention by the Department. Upon review of the application and in accordance with the applicable Coastal Zone Management Rules, you will be issued a permit for the activities covered by the emergency permit authorization. The permit may include additional conditions that must be satisfied by the permittee.