To report environmental incidents or abuses in New Jersey, dial 1-877-WARNDEP (1-877-927-6337). An enforcement representative will investigate your claim. When reporting, please provide the precise location of the site in question and a detailed description of the violation.

Alternatively, you can use the WARN NJDEP Cell Phone App, available on the Apple Store or Google Play. This app employs GPS technology to pinpoint the exact location of the environmental incident. Users can also submit photos as part of their report to the Department of Environmental Protection (DEP).

For life-threatening emergencies, dial 9-1-1. For non-life-threatening environmental emergencies, contact the DEP Hotline at 877-WARN-DEP.

To check the status of your permit application, please visit the DEP DataMiner website through the provided link below. Follow these steps:

Website: https://njems.nj.gov/DataMiner

If you have the File Number (ID) of your Land Use Permit Application:

• Click on “Search by Site” and then navigate to the “Search by ID” tab.
• Select “Land Use” for the program and check “Program Interest”.
• Please enter the ten-digit File Number in the input field provided.
• Click “Submit” and when the PI ID appears, choose “Land Use Activity” under “Reports”.

If you don’t have the File Number, you can search using the Address or Block and Lot of the Land Use Application:

• Click on “Search by Site” and proceed to the “Advanced” tab.
• Enter any identifying information about the site (Address, County, Municipality, Block and Lot).
• Click “Submit” and select “Land Use Site info” under “Reports” when the site is displayed.

For further assistance or inquiries, please contact the Division of Land Resource Protection at (609) 777-0454 and ask to speak with the Project Manager assigned to your application. The Project Manager’s name can be found within the Report provided by DataMiner. Please ensure to include the Department’s file number in all communication.

To set up a pre-application meeting, please refer to the Pre-Application guidance document available at the following link: Pre-Application Guidance Document.

When contacting the Division, provide the site and project details as outlined in the guidance document. Be sure to mention the township and county where the project is proposed to ensure the appropriate Project Manager is informed of your request. Upon receipt, Division staff will respond to offer further guidance on your inquiry and, if applicable, schedule a pre-application conference call or an in-person meeting.

Various activities conducted within or near regulated areas may necessitate Department authorization before commencement. These activities are distinctly defined under each Regulation implemented by the Division. We advise identifying which Rules and Regulations apply to a specific activity and then searching within that text for the applicable section describing activities requiring a permit or authorization. For instance, regulated activities within a riparian zone are outlined in section N.J.A.C. 7:13-2.4 of the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13.

The Department’s Rules and Regulations texts

Whether you’re involved in property development, purchase, or simply wish to understand if any regulated resources exist on your property, the first step is understanding what areas fall under Division regulation. This information is available on the Division’s website at:

Outlined below are the most common regulated land areas in NJ, each linked to its relevant tab on the Division website, along with the citation of its respective Regulation and Rules (N.J.A.C.):

• Flood Hazard Areas, Riparian Zones, and Streams: https://njdepwptest.net/wlm/lrp/flood-hazard-areas/
  • Flood Hazard Area Control Act Rules, N.J.A.C. 7:13
• Freshwater Wetlands, Transition Areas, and State Open Waters: https://njdepwptest.net/wlm/lrp/wetlands
  • Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A
• Coastal Areas including areas within CAFRA jurisdiction, Waterfront Development jurisdiction, and Coastal Wetlands: https://njdepwptest.net/wlm/lrp/coastal-zone
  • Coastal Zone Management Rules, N.J.A.C. 7:7
• Highlands Planning and Preservation Areas: https://njdepwptest.net/wlm/lrp/highlands/
  • Highlands Water Protection and Planning Rule, N.J.A.C. 7:38

Due to the dynamic nature of regulated areas, no single website or tool can provide an accurate representation of the occurrence or extent of regulated areas on a specific site. However, the Land Resource Protection Web Application/maps, available on the Division of Land Resource Protection website, offers a preliminary means to identify them. This tool allows users to locate areas or properties of interest, view DEP’s GIS data and aerial imagery, and query related environmental information. Please note that this tool serves as guidance only and does not precisely delineate regulated boundaries. If regulated areas are present on your property, any proposed activity within those areas may require authorization from the Division prior to commencement. If you believe there are regulated areas on the property of interest, it is also recommended that you contact an environmental consultant for an on-site assessment and further consultation.

Land Resource Protection Web Application: https://njdepwptest.net/wlm/maps/#arcgis

Maps: https://njdepwptest.net/wlm/maps/

Due to the complexity of regulations and the review process, there is no single website or tool that provides information about all regulated features on a site. However, the NJDEP has developed a map-based application in the ArcGIS Online mapping service to help users identify areas regulated by the Division of Land Resource Protection, as well as other related environmental features and resources that may affect a proposed project.

Please keep in mind that the ArcGIS Online mapping application is for guidance purposes only and does not provide the exact boundaries of any regulated area on a project site. Users of this map-based application can locate areas of interest, view and interact with the NJDEP’s GIS data and aerial imagery, and query for related environmental information. The following link can be used to access the map-based application. Information on how to use the map-based application can be found using our LRP Public Application Manual. Please contact the NJDEP’s Division of Land Resource Protection for more information regarding potential regulated areas on a specific site.

The construction, reconstruction, enlargement or relocation of a structure within the CAFRA area may require a CAFRA permit. Please see N.J.A.C. 7:7-2.2 in the Coastal Zone Management Rules for more specific information regarding when a CAFRA permit is needed. In order to receive a formal determination regarding CAFRA applicability for a specific project, a request for a Coastal Jurisdictional Determination can be submitted to the Division of Land Resource Protection. You can find all of the details and necessary application contents that need to be included in the request on our application form.

The flood hazard area includes any land, and any space above that land, which lies below the flood hazard area design flood elevation (DFE), which is equal to the Federal Emergency Management Agency’s (FEMA) 100-year floodplain in coastal areas and at least three feet higher than FEMA’s floodplain in fluvial (non-coastal) areas. Structures, fill, and vegetation that are situated on land that lies below the flood hazard area design flood elevation are described as being “in” or “within” the flood hazard area.

Depending on the location of your property, determining flood hazard area or floodway can be a difficult task. Both the New Jersey Department of Environmental Protection (DEP) and FEMA provide mapping of many of the State’s flood hazard areas. FEMA’s effective flood mapping and FEMA’s advisory or proposed (preliminary) mapping along New Jersey’s coastline can be viewed on FEMA’s website. Visit the DEP’s flood mapping tool on our website. In some cases, flooding along a stream or other surface water is not depicted on DEP or FEMA mapping. In New Jersey, any stream, ditch, pond, lake, river, or other surface water that collects runoff from at least 50 acres of land possesses a flood hazard area. If you suspect an area lies within a flood hazard area, but no flood mapping is available, contact DEP for guidance on how to estimate or calculate the flood hazard area limits. https://www.njfloodmapper.org/

You may also apply for an Applicability Determination to the Department as referenced in the Flood Hazard Rules:
N.J.A.C. 7:13-2.5 Applicability determination

Under Flood Hazard Area Rules, a riparian zone is a buffer or area around surface waters, like streams, lakes, and rivers. A riparian zone is measured perpendicular to a stream, along both sides of the waterway, and can be 50, 150, or 300-ft wide, depending on how the waterway is classified.

It all depends on how and what you are removing from a stream. Major stream cleaning activities in New Jersey’s streams and rivers require permits pursuant to the Freshwater Wetland Protection Act Rules (N.J.A.C. 7:7A) and the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13). However, in some instances, stream cleaning activities can be conducted without the need to submit a formal application or obtain a written permit from the Division. Please see this guidance document for a quick reference guide. You can refer to the actual rules for more detail.

• Alteration of topography through excavation, grading or placement of fill.
• Clearing, cutting and/or removal of vegetation in a riparian zone.
• Creation of impervious surface.
• Storage of unsecured material.
• Construction, reconstruction, repair, alteration, enlargement, elevation, or removal of a structure.
• Conversion of a building into a single-family home or duplex, multi-residence building, or critical building.

If you are proposing one or more of these activities, then you need FHA approval from DEP.

The construction or alteration of docks, piers, or boat ramps located below the mean high water line of a tidal waterway requires a Waterfront Development Permit unless the work meets the criteria for an exemption specified in the Coastal Zone management Rules at N.J.A.C. 7:7-2.4(d)6 or 7. A request for a determination on whether a project meets the criteria for an exemption can be submitted to the Division of Land Resource Protection. The checklist which details all of the necessary content that needs to be included in the request can be found on the Division’s website.

If the work does not meet the criteria for an exemption, then an application for a Waterfront Development Permit should be submitted to the Division. The construction or alteration of docks, piers, or boat ramps within a manmade lagoon may qualify for a general permit-by-certification or a general permit. If the work is does not qualify for a general permit-by-certification or general permit or is located along a natural waterway, an application for a Waterfront Development Individual In-water Permit should be submitted to the Division. The checklist which details all of the necessary content that needs to be included in the application can be found on the Division’s website at the following link.

To determine what is and is not a wetland in New Jersey, the Department requires the use of the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands. This Manual uses a three-parameter approach to identify wetlands and says that under normal circumstances, all wetlands include hydric soils, wetland hydrology, and hydrophytic vegetation. More simply, all wetlands have soils that indicate they spend time inundated with water (hydric soils), a source of water which can be from ground or surface water (hydrology), and vegetation that is also suited to spending part of the growing season inundated (hydrophytic vegetation). In NJ, wetlands also commonly have buffers or transition areas that may extend 50 or 150 feet from the edge of the wetlands. Any regulated activity impacting wetlands or wetland transition areas requires proper authorization from our office prior to the disturbance, in accordance with the Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A.

A “Letter of Interpretation” (LOI) is a legal jurisdictional determination document issued by the Department under N.J.A.C. 7:7A-4, indicating the presence or absence of wetlands, State open waters, or transition areas; and/or verifies or delineates the boundaries of freshwater wetlands, State open waters, and/or transition areas on a property. However, an LOI does not serve as a permit or approval for any construction. There are several different types of LOIs available, as listed under N.J.A.C. 7:7A-4, and the majority of these LOIs require hiring a wetland consultant to investigate the property and prepare the application materials. The Department cannot verify the presence, absence, and/or extent of any freshwater wetlands, State open waters, or transition areas without a formal LOI application.

While there are no dedicated General Permits tailored for its construction, if the project falls within a transition area, Transition Area Waivers (N.J.A.C. 7:7A-8) may authorize construction. Additionally, depending on the project’s scale, scope, and location, consideration may be given to Freshwater Wetlands General Permit Number 8 (refer to N.J.A.C. 7:7A-7.8, General Permit 8―House additions). Consulting an environmental consultant is advisable to explore permitting options.

Constructing a fence within wetlands is not permitted without prior approval. However, constructing a fence within transition areas may be considered a non-regulated activity and permissible without any need for prior authorization if it involves no removal of vegetation and if it meets one of the following two scenarios:

1. The fence is installed along the boundary between the transition area and adjacent uplands (per N.J.A.C. 7:7A-2.3(b)2); or
2. The fence is designed to meet the definition of a “temporary structure” under N.J.A.C. 7:7A-2.3(b)3.

For instance, the fence would need to be installed without any foundations, deposition of fill material, and cover a combined total of 150 square feet or less within a transition area, provided wood posts are directly driven into the ground. Permanent structures like chain link fences or fences with concrete footings are not allowed without a freshwater wetland approval (see N.J.A.C. 7:7A-2.3(b)3).

In a transition area, hand trimming of trees or shrubs, or the removal of invasive species, shrub vegetation, or few trees/hazardous trees would qualify as “normal property maintenance” under N.J.A.C. 7:7A-2.3(b)1(i) in which no prior authorization from our office is required if the subject areas are replanted in-kind with native, non-invasive species and/or if no alteration is made to the existing vegetative community (such as altering a forested area to something less forested). Tree removal should not be conducted unless it can be demonstrated that the tree poses a danger to the property or if only a few trees are to be removed and will not result in a change to the overall characteristics of the canopy. Otherwise, a Department approval would be required.

In freshwater wetlands, hand trimming of trees or other vegetation is not considered a regulated activity requiring prior authorization if the trimming does not alter the overall vegetative character of the wetland area (see N.J.A.C. 7:7A-2.2(c)4). Any tree or shrub removal within freshwater wetlands requires prior Department approval of an applicable Freshwater Wetland permit.

All LOI – Line Verifications must be recorded in the Office of the County Clerk or the registrar of deeds and mortgages of the relevant County. The submission must include the specific information listed under N.J.A.C. 7:7a-4.7(a). Submission should occur within 90 days of LOI issuance.

To inquire about Highlands, Pinelands, or the Hackensack-Meadowland region, please click on the respective links below.

• Highlands FAQ
• Meadowlands District
• Pinelands Commission