The proposed construction of wind turbines within an area of freshwater wetlands or associated transition areas would require approval from the Division of Land Resource Protection in accordance with the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A. Further information for determining the presence of wetlands and the width of the associated transition area on a particular site can be found in the ‘Freshwater Wetlands’ section of the website and in the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A).

The construction of wind turbines resulting in the disturbance of freshwater wetlands and associated transition area will require a Freshwater Wetlands Individual Permit. The requirements for a Freshwater Wetlands Individual Permit can be found in the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A) under Subchapter 7 – Individual Freshwater Wetlands and Open Water Fill Permits (N.J.A.C. 7:7A-7).

If the construction of wind turbines will result in disturbance to transition areas only, then a Transition Area Waiver may be obtained for the project. Information about the available Transition Area Waivers can be found in the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A) under Subchapter 6 – Transition Area Waivers (N.J.A.C. 7:7A-6)

The construction of wind turbines not requiring a CAFRA or Waterfront Development permit and constructed in a flood hazard area or riparian zone of regulated water will require a flood hazard area permit issued in accordance with the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13.

Flood hazard area permit-by-rule 29 at N.J.A.C. 7:13-7.29 authorizes the construction of one to three wind turbines less than 200 feet tall with a cumulative rotor swept area no greater than 2,000 square feet. Specific requirement apply to ensure that the wind turbines do not impact threatened or endangered species. Additional requirements are intended to prevent the exacerbation of flooding, protect regulated waters, and protect riparian zone vegetation.

If the proposed construction of wind turbines does not qualify for a permit-by-rule, then a flood hazard area will be needed. In addition to the individual permit, a flood hazard area verification may also be needed in accordance with N.J.A.C. 7:7-5.

Construction of wind turbines under a flood hazard area individual permit will require compliance with the all applicable regulations in the N.J.A.C. 7:13 including but not limited to Requirements that apply to all regulated activities (N.J.A.C. 7:13-12.1), Requirements for excavation, fill and grading activities (N.J.A.C. 7:13-12.3) and Requirements for a structure (N.J.A.C. 7:13-12.4). In addition, any disturbance to vegetation within a riparian zone from construction of wind turbines will require compliance with the regulations for all other regulated activities in the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(y).

The construction of wind turbines within coastal areas will generally require a permit. The location of the wind turbine project will dictate whether a permit is required and the type of permit required. If the proposed wind turbine project does not qualify for the below described exemption, Permit-by-rule, or General Permits, a CAFRA, Coastal Wetlands, and/or Waterfront Development Individual Permit may be required.

Potentially applicable Exemption:

Per N.J.A.C. 7:7-2.2(a)13, the installation of a wind turbine(s) within CAFRA jurisdiction is not considered development which requires a CAFRA permit, provided the wind turbine(s):

• On or structurally attached to a legally existing building;
• Less than 200’ in height, measured from the ground surface to the tip of the blade at its highest position;
• No greater than 2,000 sq. ft. in cumulative rotor swept area; and
• Any portion of the tower of the wind turbine more than 100’ above the ground surface is a freestanding monopole.

Per N.J.A.C. 7:7-2.4(d)4, the installation of a wind turbine(s) within Upland Waterfront Development jurisdiction is not considered development which requires an Upland Waterfront Development permit, provided the wind turbine(s):

• On or structurally attached to a legally existing building;
• Less than 200’ in height, measured from the ground surface to the tip of the blade at its highest position;
• No greater than 2,000 sq. ft. in cumulative rotor swept area; and
• Any portion of the tower of the wind turbine more than 100’ above the ground surface is a freestanding monopole.

Potentially applicable Permit-by-rule (PBR):

PBR 12 – authorizes the construction of one to three wind turbines less than 200’ in height, measured from the ground surface to the tip of the blade at its highest position, and having a cumulative rotor swept area no greater than 2,000 sq. ft., provided:

• No portion of the wind turbine(s), including blades, tower and site disturbance, shall be located in, on or over dunes, beaches, wetlands, coastal bluffs, or wild and scenic river corridors;
• No wind turbine tower(s) or site disturbance shall be located in floodways;
• The wind turbine(s), including blades, tower and site disturbance, is set back a minimum of 50’, as measured parallel to the ground;
• No portion of the wind turbine, including blades, tower, and site disturbance, shall be located within an area mapped as threatened or endangered species habitat on the Department’s Landscape Maps of Habitat for Endangered, Threatened and Other Priority Wildlife (Landscape Maps) except as provided below. The Landscape Maps are available on the Department’s interactive mapping website;

• • The wind turbine(s) is located within 120’ of an existing building on an actively maintained lawn or area of land that has been manipulated by contouring of the soil and/or by intentional planting of flowers, grasses, shrubs, trees or other ornamental vegetation, which is maintained in such a condition by regular and frequent (at least one time per year) cutting, mowing, pruning, planting, weeding or mulching;or
  • The wind turbine(s) is located on legally existing non-porous cover;
• If the wind turbine(s) is more than 120’ tall, measured from the ground surface to the tip of the blade at its highest position, the tower shall be a freestanding monopole(s); and
• No lighting shall be placed on or directed at the wind turbine except for lighting required by the Federal Aviation Administration.  Shielded ground level security lighting may be used. Lighting is shielded when it is covered in a way that light rays are not emitted above the horizontal plane of the light.

Potentially applicable General Permits (GPs):

GP 25 – authorizes construction of one to three wind turbines less than 200’ in height and having 1 cumulative rotor swept area no greater than 4,000 sq. ft.

GP 26 – authorizes construction of wind turbines less than 250’ in height and having a cumulative rotor swept area no greater than 20,000 sq. ft.

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.

Wind turbines that are proposed in a tidelands area may require a tidelands license if the activities are taking place at or below the mean high water line of a tidal waterway or a tidelands grant if the activities are taking place in an area that is currently landward of the mean high water line but was, at some point, flowed by the tide.

A tidelands license is a short term revocable rental document to use tidelands generally for structures such as docks, bulkhead extensions, mooring piles, and other temporary structures as well as for dredging projects. Licenses are project specific and expire after a finite term ranging from one to ten years. Most licenses may be renewed.