A Permit-by-rule “PBR” is a permit whose terms and conditions are set forth in the Coastal Zone Management Rules, and the Flood Hazard Area Control Act Rules for each area respectively. No prior written approval from the Department is necessary in order to undertake the specified regulated activity, provided all conditions of the Permit-by-rule are satisfied.

The following protected areas have permit-by-rules associated with them, click on the area to see all permits for it:

• Flood Hazard Area
• Freshwater Wetlands
• Coastal Area

The Watershed & Land Management Program has made it possible to apply for and receive instant approvals for 15 Flood Hazard General Permits-by-Certification, 2 Freshwater Wetlands General Permit-by-Certification, and 3 Coastal Area general Permit-by-Certification. You can find out more information about how to apply online for these certifications by visiting our Permit-By-Certification Online Service Page.

The following protected areas have permit-by-certifications associated with them, click on the area to see all permits for it:

• Flood Hazard Area
• Freshwater Wetlands
• Coastal Area

General Permits provide a means to perform a variety of activities within a regulated area, provided that the various conditions are met for the type of general permit requested. There are requirements, conditions and restrictions that apply to all general permits which must be considered prior to applying for a permit.

The following protected areas have general permits associated with them, click on the area to see all permits for it:

• Flood Hazard Area
• Freshwater Wetlands
• Coastal Area

If an applicant cannot perform a regulated activity or project under the criteria for a permit-by-rule, general permit-by-certification, or general permit, they have the option of applying for an individual permit(IP). These provisions include the requirement to obtain an individual permit for activities that are not authorized under other types of permits and the duration of individual permits. Most individual permits are valid for five years, with the possibility of one five year extension. Individual permits for a linear development greater than ten miles in length, a flood control project, or a quarry or mining operation are valid for ten years and may not be extended.

Applicants are encouraged to request a pre-application meeting for more complex permit authorizations.

A Transition Area Waiver (TAW) is an approval issued by the Department to conduct certain regulated activities in a transition area (TA) adjacent to intermediate or exceptional resource value wetlands. The Freshwater Wetlands Protection Act Rules (Rules) under N.J.A.C. 7:7A-3.3 provides information on “Identifying a transition area” that you may find helpful in understanding the functions of a TA as well as how to determine its extent. For a list of regulated activities within a TA, please refer to N.J.A.C.7:7A-2.3. Activities exempted from a permit and/or TA waiver requirement can be found at N.J.A.C.7:7A-2.4.

Pursuant to N.J.A.C. 7:7A, Subchapter 8 of the Rules, there are three main types of stand alone Transition Area Waivers you can obtain from the Department.

• TA Averaging Plan Waiver
• Special Activity TA Waiver
• Hardship TA Waiver

The Department will issue any one of these transition area waivers for an activity only if the activity will not result in a substantial impact on the adjacent freshwater wetlands and if the applicant has made every effort to minimize impacts to freshwater wetlands and transition areas on site.

In addition to the standard TAW’s above, pursuant to N.J.A.C. 7:7A-8.1(a)5, every general permit, individual permit or mitigation authorization may include a access transition area waiver as part of the permit issuance. There are also some General Permits which authorizes activities within transition areas specifically.

All transition area averaging plan waivers require at a minimum that the applicant record a conservation restriction on the TA “compensation area.” Other types of transition area waivers may be conditioned on recording a conservation restriction on all or part of the transition area on a case-by-case basis. This conservation restriction must be recorded with the county clerk’s office after obtaining approval from the Department.  For more information on deed restrictions, see N.J.A.C. 7:7A-12.

APD guidance text

When obtaining an individual permit or general permit, it is often necessary to know the limits of the flood hazard area, floodway, and/or riparian zone. When those limits are unknown, such as along a watercourse that has no available floodplain mapping, a verification can be used to determine those limits.

Please be aware that in some cases a verification is required prior to or concurrent with a permit application. Generally, a verification is not required when applying for an applicability determination, or a general permit-by-certification or conducting work under a permit-by-rule. When applying for an individual permit or general permit, a verification may be required.

If you wish to have clear knowledge of whether there are freshwater wetlands, freshwater wetlands transition areas and/or State open waters on a site, you will have to apply for a Letter of Interpretation (LOI). Wetlands mapping available on GEOWEB and from other sources is an approximation usually based on aerial photography interpretation. The true extent of wetlands on a site may be less, or than is depicted on these maps and if present may be of a very different configuration. The State does not rely on these maps for regulatory determinations and instead requires a LOI should someone wish to determine presence, absence and/or extent of wetlands on a parcel(s).

• Presence/Absence
• Presence/Absence – “Footprint” of Disturbance
• Delineation
• Verification
• Verification – Partial

Flood Hazard Area Permits-By-Rule

Freshwater Wetlands Permit-by-Rule

Coastal Area Permit-by-Rule

Flood Hazard Area General Permit-by-Certification

Freshwater Wetlands General Permit-by-Certification

Coastal Area General Permit-by-Certification

Flood Hazard Area General Permits

Freshwater Wetlands General Permits

Coastal Area General Permits

Flood Hazard Area General Permits

Channel cleaning under the Stream Cleaning Act (GP 1)

General permit 1 authorizes a county, municipality, or a designated agency thereof to desnag
a channel and/or remove accumulated sediment, debris, and garbage under the “Stream Cleaning
Act”

Mosquito control water management activities (GP 2)

General permit 2 (GP2) authorizes activities in freshwater wetlands, transition areas, and/or State open waters, necessary for the construction and/or maintenance of an underground utility line. This could be anything from a gas line to placement of fiber optic telecommunication cable. If a utility line is jacked or directionally drilled underground, so that there is no surface disturbance of any freshwater wetlands, transition areas, or State open waters and there is no draining or dewatering of freshwater wetlands, no Department approval is required under this chapter. Directionally drilled utility lines, if improperly constructed, have the potential to act as “french drains”, in essence creating a conduit for water to flow. As such, it is important to implement measures such as anti-seep collars to prevent movement of water. In addition, perched water on which a wetland system may depend could be the result of a “clay lens” which, if punctured by construction of a utility line, can alter a wetland system.

General permit 2 authorizes activities in flood hazard areas and riparian zones necessary for
mosquito control water management activities conducted by a county mosquito control agency or
a Federal agency on Federal land. Mosquito control water management activities authorized
under this general permit include:
1. Removal of accumulated silt, sediment, and debris from any water;
2. Creation of ditches and channels where appropriate for mosquito control; and
3. Improvements to flow in manmade waters, such as the excavation of an existing manmade ditch or channel to provide positive drainage.

Scour protection activities at bridges and culverts (GP3)

General permit 3 authorizes scour protection activities at one or more existing bridges or
culverts

Creation, restoration, and enhancement of habitat and water quality values and functions (GP 4)

General permit 4 authorizes regulated activities necessary to implement a plan for the
creation, restoration, or enhancement of habitat and water quality functions and values in a
regulated area. Activities authorized under this general permit include, but are not limited to:
1. Altering hydrology to create, restore, or enhance wetlands, such as by blocking,
removing, or disabling a manmade drainage ditch or other drainage structure such as a
tile, culvert, or pipe;
2. Breaching a structure such as a dike, berm, or low dam in order to allow water into an
area. Breaching or removing a dam is not regulated under this chapter, pursuant to
N.J.A.C. 7:13-12.11;
3. Placing habitat improvement structures such as:
i. Nesting islands;
ii. Fencing to contain, or to prevent intrusion by, livestock or other animals; and
iii. Aquatic habitat enhancement devices or habitat improvement structures such as
placed boulders, stream deflectors, or brush piles;
4. Regrading to provide proper elevation or topography for wetlands restoration, creation,
or enhancement; and
5. Removing, planting, cutting, burning, or otherwise managing vegetation in order to
increase habitat diversity or control nuisance flora.

Reconstruction and/or elevation of a building in a floodway (GP 5)

General permit 5 authorizes the reconstruction and/or elevation of a lawfully existing building in a floodway

Construction of one single-family home or duplex, and one associated driveway that does not cross a regulated water (GP 6)

When an isolated freshwater wetland (FWW) or isolated State open water (SOW) is proposed to be disturbed, filled, excavated or drained, a GP 6 is required.

General permit 6 authorizes the construction of one single-family home or duplex, and one associated driveway that does not cross a regulated water

Relocation of manmade roadside ditches to facilitate public roadway improvements (GP 7)

When a human-made ditch or in freshwater wetlands that are swales in a headwater* is proposed to be disturbed, filled, excavated or drained, a GP 7 is required.

General permit 7 authorizes the relocation of one or more manmade roadside ditches to facilitate public roadway improvements

Placement of storage tanks (GP 8)

General permit 8 authorizes the placement of one or more storage tanks and associated support structures

Construction or reconstruction of a bridge or culvert across a regulated water with a drainage area of less than 50 acres (GP 9)

General permit 9 authorizes the construction or reconstruction of one bridge or culvert that crosses a regulated water that has a drainage area of less than 50 acres

Reconstruction of a bridge or culvert across a regulated water with a drainage area of 50 acres or more (GP10)

General permit 10B (GP10B) authorizes the following activities in freshwater wetlands, transition areas, and/or State open waters:

General permit 10 authorizes the reconstruction of one existing bridge or culvert that crosses a regulated water that has a drainage area of 50 acres or more

Stormwater outfall along a regulated water with a (GP 11)

General permit 11 authorizes the construction of one stormwater outfall structure along a regulated water that has a drainage area of less than 50 acres

Construction of footbridges (GP 12)

General Permit Number 12 (GP12) permits disturbance to freshwater wetlands, freshwater wetland transition areas and/or State open waters for surveying and investigative activities such as:

General permit 12 authorizes the construction of one or more footbridges across a regulated water, or across another feature such as a manmade canal or roadway that lies within the flood hazard area or riparian zone of a regulated water

Construction of trails and boardwalks (GP 13)

General permit 13 authorizes the construction of a trail and/or boardwalk

Application of herbicide within riparian zones to control invasive plant species (GP14)

General permit 14 authorizes the application of herbicide within a riparian zone to control invasive plant species

Freshwater General Permits

Maintenance and repair of existing features (GP 1)

General permit 1 (GP1) permits the repair, rehabilitation, replacement, maintenance or reconstruction of a currently serviceable structure, fill, roadway, utility line or active irrigation or drainage ditch, or stormwater management facility within freshwater wetlands or State open waters. They also must have either been lawfully existing prior to July 1, 1988 or have previously received a freshwater wetlands permit from the Department. Essentially, this should be considered a “maintenance” permit, to allow for maintenance of important infrastructure within wetlands and State open waters. It is not intended to allow for the expansion or modification of infrastructure.

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Underground utility lines (GP 2)

General permit 2 (GP2) authorizes activities in freshwater wetlands, transition areas, and/or State open waters, necessary for the construction and/or maintenance of an underground utility line. This could be anything from a gas line to placement of fiber optic telecommunication cable. If a utility line is jacked or directionally drilled underground, so that there is no surface disturbance of any freshwater wetlands, transition areas, or State open waters and there is no draining or dewatering of freshwater wetlands, no Department approval is required under this chapter. Directionally drilled utility lines, if improperly constructed, have the potential to act as “french drains”, in essence creating a conduit for water to flow. As such, it is important to implement measures such as anti-seep collars to prevent movement of water. In addition, perched water on which a wetland system may depend could be the result of a “clay lens” which, if punctured by construction of a utility line, can alter a wetland system.

In order to determine whether or not an area of freshwater wetlands, transition areas or State open waters may be disturbed by any proposed activity, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required. The Department offers a “Letter of Interpretation” (LOI), which is a document that may describe if there are wetlands on the property, and if so, where they are located.
A GP 2 may be combined with other general permits or permits provided the total disturbance of all GP’s do not exceed the one-acre threshold for multiple general permits (see N.J.A.C. 7:7A-5.4).

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Discharge of Return Water (GP3)

General permit 3(GP3) authorizes the discharge of return water from an upland, contained, dredged material disposal area into State open waters, and placement of a pipe above ground for the discharge through freshwater wetlands and/or transition areas. The dredging itself may also require other State and Federal permits.

It is typically used as a companion to another permit, and is usually associated with lake dredging and/or contaminated site cleanup. However, general permit 3 can also be used for other reasons.

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Hazardous site investigation and cleanup (GP 4)

General Permit Number 4 (GP4) authorizes activities in freshwater wetlands, transition areas, and State open waters, which are undertaken by the Department or expressly approved pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, for the investigation, cleanup, removal, or remediation of:
Hazardous substances as defined in the Department’s rules governing hazardous substances at N.J.A.C. 7:1E, Appendix A; or
Pollutants, as defined in the New Jersey Water Pollution Control Act implementing rules at N.J.A.C. 7:14A.
In other words, this is the permit to get if you have a contaminated site that you need to investigate or clean up.
In order to determine whether or not an area of freshwater wetlands, transition areas or State open waters may be disturbed by any proposed activity, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required.

The Department offers a “Letter of Interpretation” (LOI), which is a document that may describe if there are wetlands on the property, and if so, where they are located.

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Landfill closures (GP 5)

General permit 5 authorizes disturbance to freshwater wetlands, freshwater wetland transition areas and/or State open waters that are undertaken by the Department’s Division of Solid and Hazardous Waste, or authorized through a solid waste facility closure and post-closure plan or disruption approval issued by the Department under N.J.A.C. 7:26-2A.9.

In order to determine whether or not an area of freshwater wetlands, transition areas or State open waters may be disturbed by any proposed activity, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required. The Department offers a “Letter of Interpretation” (LOI), which is a document that may describe if there are wetlands on the property, and if so, where they are located.

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Non-tributary wetlands (GP 6) (Isolated Wetlands)

When an isolated freshwater wetland (FWW) or isolated State open water (SOW) is proposed to be disturbed, filled, excavated or drained, a GP 6 is required.

In order to determine whether or not an area of FWW or SOW is isolated, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required.

The Department offers a Letter of Interpretation (LOI), which is a document that states whether there are wetlands on the property and where they are located based upon a site inspection. The LOI letter may, but may sometimes identify areas of FWW as isolated within the site. If an area of wetlands on the LOI looks isolated, but is not identified as such in the letter, it is assumed NOT to be isolated unless the owner/applicant can provide evidence that the area has no connection to a surface water tributary system.

A GP 6 may be combined with other general permits or permits provided the total disturbance of all GP’s do not exceed the one acre threshold for multiple general permits.

* A non-tributary wetlands is isolated freshwater wetlands that is not part of a surface water tributary system, which means an isolated wetland cannot be connected to and discharge into a lake, pond, river, stream, ocean, or any other surface water feature.

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Transition Areas Adjacent to Non-tributary wetlands (GP 6A) (Isolated Wetland Transition Areas)

General Permit 6A is required when a transition area next to an isolated freshwater wetland is proposed to be filled, excavated or disturbed. It is only for transition areas, and not the wetlands themselves. To conduct regulated activities in an isolated freshwater wetlands, you would need a General Permit No. 6.

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Human-made ditches or swales in headwaters (GP 7)

When a human-made ditch or in freshwater wetlands that are swales in a headwater* is proposed to be disturbed, filled, excavated or drained, a GP 7 is required.

In order to determine whether or not an area of FWW or SOW may be disturbed, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required. The Department offers a Letter of Interpretation (LOI), which, depending on the type of LOI, may identify if wetlands are present on a site or not, their classification if they are, or may delineate or verify a map showing where the wetlands may be on a site.

A GP 7 may be combined with other general permits or permits provided the total disturbance of all GP’s do not exceed the one acre threshold for multiple general permits.

“headwater” means a water or wetland that is upstream of the point on a non-tidal stream where the average annual flow is less than five cubic feet per second.

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House additions (GP 8)

General Permit Number 8 (GP8) permits disturbance to freshwater wetlands and/or freshwater wetland transition areas for the construction of additions or improvements to a single family home that was built prior to July 1, 1988. The total area of disturbance, including any grading, must not exceed 750 square feet.

An improvement does not necessarily need to be attached to the house, but must be within 100′ of it. An example of an improvement could be a pool, grading, shed, etc.

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Airport sight line clearing (GP 9)

General Permit Number 9 (GP9) permits the cutting of vegetation only as necessary to comply with the protected air space provisions for a public use aeronautical facility, mandated by the Federal Aviation Administration (FAA) and set forth in the New Jersey Department of Transportation rules at N.J.A.C. 16:54-4.2. In other words, when, there would be selective cutting of certain vegetation in freshwater wetlands and transition areas, at airports (aeronautical facility)* used by the public, then a General Permit 9 is required

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Very minor road crossings (GP 10A)

General permit 10A (GP10A) authorizes the following activities in freshwater wetlands, transition areas, and/or State open waters:

• Construction of one or more new road crossings, including attendant features such as shoulders, sidewalks and embankments;
• Expansion, widening, or upgrading of one or more existing paved or unpaved roads or drives; and
• Activities necessary to reduce horizontal curves in an existing paved road to comply with New Jersey Department of Transportation safety regulations.

This GP is for very minor impacts associated with the construction or improvement of a roadway, bridge, culvert, or driveway, etc. The project would need to comply with the limits of one of the following scenarios:

1. Short crossing scenario:
   1. The disturbance of freshwater wetlands and/or State open waters is no longer than 100 feet for each crossing, and
   2. The total cumulative disturbance of freshwater wetlands, transition areas, and State open waters onsite under general permit 10A is one quarter acre or less; or
2. Long crossing scenario: The total cumulative disturbance of freshwater wetlands, transition areas, and State open waters onsite under general permit 10A is one eighth acre or less. Under the long crossing scenario, the length of the crossing is not limited.

Under a GP10A, mitigation needs to be performed for all permanent loss and/or disturbance of 0.1 acres or greater of freshwater wetlands or State open waters, unless the applicant demonstrates to the Department that all activities have been designed to avoid and minimize impacts to wetlands. For purposes of this subsection, “minimize” means that the project is configured so that most or all of it is contained in the uplands on the site, and that the wetlands are avoided to the greatest extent possible.

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Minor road crossings (GP 10B)

General permit 10B (GP10B) authorizes the following activities in freshwater wetlands, transition areas, and/or State open waters:

• Construction of one or more new road crossings necessary to gain access to an otherwise inaccessible, developable, upland site, including attendant features such as shoulders, sidewalks and embankments;
• Expansion, widening, or upgrading of one or more existing paved or unpaved roads, including attendant features such as shoulders, sidewalks and embankments; and
• Activities necessary to reduce horizontal curves in an existing paved road to comply with New Jersey Department of Transportation safety regulations.
• The GP10B is for minor impacts associated with the construction or improvement of a roadway, bridge, culvert, or driveway, etc., which exceed the limits set forth under the GP10A. To be eligible for a GP10B, the project needs to comply with the following:
• The applicant needs to demonstrate through an Alternatives Analysis that there is no alternative onsite location and/or configuration for the road crossing that would provide access to the developable upland with less adverse environmental impact; and
• The total area of freshwater wetlands, transition areas, and/or State open waters disturbed under general permit 10B shall not exceed one quarter of an acre.

Under a GP10B, mitigation needs to be performed for all permanent loss and/or disturbance of 0.1 acres or greater of freshwater wetlands or State open waters, unless the applicant demonstrates to the Department that all activities have been designed to avoid and minimize impacts to wetlands. For purposes of this subsection, “minimize” means that the project is configured so that most or all of it is contained in the uplands on the site, and that the wetlands are avoided to the greatest extent possible.

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Outfalls and intake structures (GP 11)

General Permit Number 11 (GP11) permits the construction of a stormwater outfall; a NJDPES approved outfall; an intake structure located in a State open water: a well that is part of a non-public water system (this includes certain small private potable water wells); Conveyance structures, such as pipes and headwalls, associated with an outfall or intake; and energy dissipation structures, such as rip-rap, gabion baskets, and scour holes, associated with an outfall or intake.

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Surveying and investigating (GP 12)

General Permit Number 12 (GP12) permits disturbance to freshwater wetlands, freshwater wetland transition areas and/or State open waters for surveying and investigative activities such as:

• Soil borings dug by machines;
• Hand dug soil borings larger than 3 feet in depth of diameter;
• Cutting of vegetation for a survey line that is no wider than 5 feet;
• Cutting of vegetation by hand for a survey line larger than 3 feet wide;
• Digging exploratory pits and/or other temporary activities necessary for a geotechnical or archaeological investigation

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Lake dredging (GP 13)

General Permit Number 13 (GP13) permits up to one acre of dredging in palustrine emergent freshwater wetlands necessary to restore or maintain a lake, pond or reservoir to it’s original bottom contours. GP 13 Does NOT authorize disturbance of wetlands that are not palustrine emergent freshwater wetlands, or in transtion areas, except as necessary to obtain access to a dredging project.

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Water monitoring devices (GP 14)

General Permit Number 14 (GP13) permits the placement and use of the following within freshwater wetlands, transition areas, and State open waters:

Water level recording devices;
Water quality monitoring and testing devices;
Small weirs or flumes for recording water quantity or velocity;
The drilling of monitoring wells; and
Similar small scientific devices

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Mosquito control activities (GP 15)

General Permit Number 15 (GP15) permits mosquito control water management activities and within freshwater wetlands, freshwater wetland transition areas and/or State open waters  by a county mosquito agency or by a Federal agency on Federal land.

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Habitat creation and enhancement activities (GP 16)

General permit 16 (GP# 16) authorizes habitat creation and enhancement activities in freshwater wetlands, transition areas, and State open waters, necessary to implement a plan for the restoration, creation or enhancement of the habitat and water quality functions and values of wetlands, which is sponsored or substantially funded by a Federal or State agency or other entity described in (b) below. For the purposes of this general permit, a “sponsor” shall be an active participant in or substantial financial contributor to the activities, and shall approve the activities in writing.

A General permit 16 authorizes any of the following:

1. A fish and/or wildlife management plan created or approved by the Department’s Division of Fish and Wildlife;
2. A project plan approved under the Partners for Fish and Wildlife program, administered by the U.S. Fish and Wildlife Service;
3. A project plan created by the U.S. Department of Agriculture’s Natural Resources Conservation Service under the Wetlands Reserve program, the Conservation Reserve program, the Conservation Reserve Enhancement program, the wildlife habitat incentive program (WHIP), or a similar program, and approved by the local Soil Conservation District;
4. A plan approved by the Department’s Office of Natural Resource Damages for the restoration, creation or enhancement of natural resources injured as the result of an oil spill or release of a hazardous substance;
5. A mitigation project required by and approved by a government agency, such as the U.S. Army Corps of Engineers;
6. A habitat creation or enhancement plan carried out by one of the Federal or State agencies at 1 through 5 above or by a government resource protection agency such as a parks commission; or
7. A habitat creation or enhancement plan carried out by a charitable conservancy, as defined at N.J.A.C. 7:7A-15.1, provided that the plan is part of a program listed at 2 through 5 above.

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Trails and boardwalks (GP 17)

General permit 17 (GP17) authorizes activities in freshwater wetlands, transition areas, and/or State open waters necessary for construction of a trail and/or boardwalk for use by pedestrians, bicycles, and other non-motorized methods of transport.

General permit 17 does not authorize construction of a restroom, gazebo, rain shelter, or any covered or enclosed structure.

General permit 17 does not authorize construction of a roadway for use by automobiles, golf carts, motorcycles, motorized trail bikes, all-terrain vehicles, or other motor vehicles.

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Non-motorized, multiple use paths (GP 17A)

General permit 17A (GP17A) authorizes activities in freshwater wetlands, transition areas, and/or State open waters necessary for construction of a non-motorized, multiple use path for use by bicycles, skate boards, rollerblades and other non-motorized methods of transport. General permit 17A does not authorize construction of a restroom, gazebo, rain shelter, or any covered or enclosed structure. General permit 17A does not authorize construction of a roadway for use by automobiles, golf carts, motorcycles, motorized trail bikes, all-terrain vehicles, or other motor vehicles.

Any proposed path under a GP17A must comply with the following:

• The total area of freshwater wetlands, transition areas, and/or State open waters disturbed under general permit 17A shall not exceed one-quarter acre.
• The non-motorized, multiple use path shall be designed in accordance with the American Association of State Highway and Transportation Officials (AASHTO) guide for the development of bicycle facilities, published 1999, as amended and supplemented. It is available at www.communitymobility.org/pdf/aashto.pdf.
• The non-motorized, multiple use path shall be aligned to minimize impacts to wetlands, State open waters, and wetlands transition areas.
• The permittee shall take all measures necessary to ensure that activities under general permit 17A do not interfere with the natural hydrology of the area, such as
• installation at grade or use of cross drains to allow the passage of water. The permittee shall minimize the impact of the activities on vegetation.

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Dam repair (GP 18)

General Permit Number 18 (GP18) authorizes activities necessary to repair, rehabilitate, replace, maintain, reconstruct or remove a dam in a freshwater wetland, transition area and/or State open water.

In order to determine whether or not an area of freshwater wetlands, transition areas or State open waters may be disturbed by any proposed activity, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required. The Department offers a “Letter of Interpretation” (LOI), which is a document that may describe if there are wetlands on the property, and if so, where they are located.

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Docks and piers (GP 19)

General Permit Number 19 (GP19) permits the construction of a dock, pier in a freshwater wetland and/or transition area. No permit is required if it is constructed solely in a State open water. A GP 19 also permits the construction of a public boat ramp in a freshwater wetland, freshwater wetland transition area and/or State open water.

This permit is not available for a private boat ramp, however you may apply for an Individual Permit for that activity.

In order to determine whether or not an area of freshwater wetlands, transition areas or State open waters may be disturbed by any proposed activity, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required. The Department offers a “Letter of Interpretation” (LOI), which is a document that may describe if there are wetlands on the property, and if so, where they are located.

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Bank Stabilization (GP 20)

General Permit 20 (GP20) authorizes activities necessary to stabilize a bank of a stream, river, pond, lake or other body of water in order to reduce or prevent erosion within freshwater wetlands, transition areas and or State open waters.

Examples of bank stabilization activities are the placement of gabions, rip-rap, or geotextiles along a stream bank. General permit 20 does not authorize the channelization of a stream or the stabilization of the bottom of the stream.

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Above ground utility lines (GP 21)

General permit 21 authorizes the following activities in freshwater wetlands, transition areas, and/or State open waters, necessary for the construction of an above ground utility line.

• Installation of poles, towers, or other supports from which to suspend a pipe, wire or cable;
• Construction of a pad mounted transformer;
• Placement of an above ground pipe, wire or cable;
• Clearing of vegetation under and around utility lines; and
• Minor, (temporary disturbances) [link to definition at N.J.A.C. 7:7A-1.4] necessary for access during construction.

In order to determine whether or not an area of freshwater wetlands, transition areas or State open waters may be disturbed by any proposed activity, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required. The Department offers a “Letter of Interpretation” (LOI), which is a document that may describe if there are wetlands on the property, and if so, where they are located.

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Expansion of cranberry growing operations in the Pinelands (GP 22)

General Permit Number 23 (GP23), conditionally authorizes expansion of existing registered cranberry growing operations in the Pinelands area, where just about all cranberry growing within NJ is conducted. It is peculiar in that it has a fixed review period of January and February of each year, and all growers applying for expansion are to minimize wetlands disturbance on-site by choosing a location according to a preferred habitat hierarchy.

A maximum of 10 acres may be requested by a single grower, but a maximum of 60 acres may be disturbed in any given year. In the event several growers are in competition for the limited 60 acres of disturbance that can be awarded each year, the growers with the preferred locations according to that hierarchy will be favored for approval.

Growers receiving a permit are required to mitigate for new disturbances by surrendering an amount of Pineland Development Credits (PDC) based on the relative value of the habitat(s) to be disturbed for bog construction. The funds derived from the sale of surrendered PDC are targeted to be used for Atlantic White Cedar restoration projects within the Pinelands.

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Spring developments (GP 23)

Missing

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Malfunctioning individual subsurface sewage disposal (septic) systems (GP 24)

When, it is necessary to authorize activities in farmed wetlands, or in State open waters, necessary for the construction of a spring development or other structure that diverts or collects water for the purpose of watering livestock, then a General Permit 24 is required.

In order to determine whether or not an area of freshwater wetlands, transition areas or State open waters may be disturbed by any proposed activity, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required. The Department offers a “Letter of Interpretation” (LOI), which is a document that may describe if there are wetlands on the property, and if so, where they are located.

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Minor channel or stream cleaning for government agencies (GP 25)

When, it is necessary to authorize activities in freshwater wetlands and transition areas, for the repair or modification of a malfunctioning individual subsurface sewage disposal (septic) system, then a General Permit 25 is required.

General Permit 25 does not authorize activities in State open waters.

In order to determine whether or not an area of freshwater wetlands, transition areas or State open waters may be disturbed by any proposed activity, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required. The Department offers a “Letter of Interpretation” (LOI), which is a document that may describe if there are wetlands on the property, and if so, where they are located.

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Redevelopment of previously disturbed areas (GP 26)

When, it is necessary to remove accumulated sediment, debris and garbage from a channel or stream in order to remove obstructions to flow, or to de-snag the channel or stream, then a General Permit 26 is required.

In order to determine whether or not an area of freshwater wetlands, transition areas or State open waters may be disturbed by any proposed activity, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required. The Department offers a “Letter of Interpretation” (LOI), which is a document that may describe if there are wetlands on the property, and if so, where they are located.

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Application of herbicide to control invasive species (GP 27)

When, it is necessary to disturb certain degraded freshwater wetlands, transition areas, and/or State open waters necessary for redevelopment, as defined at N.J.A.C. 7:7A-1.4, of an area previously significantly disturbed by industrial or commercial activities, then a General Permit 27 is required.

In order to determine whether or not an area of freshwater wetlands, transition areas or State open waters may be disturbed by any proposed activity, detailed information about that wetlands and the site must be obtained, and an inspection of the property by a representative of the Department is required. The Department offers a “Letter of Interpretation” (LOI), which is a document that may describe if there are wetlands on the property, and if so, where they are located.

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Coastal Area General Permits

Amusement pier expansion (GP 1)

General Permit 1 authorizes the expansion of an existing, functional amusement pier.

For detailed requirements and exemptions see 7:7-6.1.

Beach and dune maintenance activities (GP 2)

General Permit 2 authorizes beach and dune maintenance activities, such as routine maintenance, emergency post-storm beach restoration, and dune creation and maintenance.

For detailed requirements and exemptions see 7:7-6.2.

Voluntary reconstruction of certain residential or commercial development (GP3)

General Permit 3 authorizes the voluntary reconstruction of a non-damaged legally constructed, currently habitable residential or commercial development landward of the existing footprint of development.

For detailed requirements and exemptions see 7:7-6.3.

Development of one or two single-family homes or duplexes (GP 4)

General Permit 4 authorizes the development of one or two single-family homes or duplexes and/or accessory developments (such as garages, sheds, pools, driveways, grading, filling, and clearing, excluding shore protection structures)

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

General permit 5 authorizes the reconstruction and/or elevation of a lawfully existing building in a floodway

Construction of a bulkhead and placement of associated fill on a man-made lagoon (GP 6)

When an isolated freshwater wetland (FWW) or isolated State open water (SOW) is proposed to be disturbed, filled, excavated or drained, a GP 6 is required.

General permit 6 authorizes the construction of one single-family home or duplex, and one associated driveway that does not cross a regulated water

Construction of a revetment at a single-family home or duplex lot (GP 7)

When a human-made ditch or in freshwater wetlands that are swales in a headwater* is proposed to be disturbed, filled, excavated or drained, a GP 7 is required.

General permit 7 authorizes the relocation of one or more manmade roadside ditches to facilitate public roadway improvements

Construction of gabions at a single-family or duplex lot (GP 8)

General permit 8 authorizes the placement of one or more storage tanks and associated support structures

Construction of support facilities at legally existing and operating marinas (GP 9)

General permit 9 authorizes the construction or reconstruction of one bridge or culvert that crosses a regulated water that has a drainage area of less than 50 acres

Reconstruction of a legally existing functioning bulkhead (GP10)

General permit 10B (GP10B) authorizes the following activities in freshwater wetlands, transition areas, and/or State open waters:

General permit 10 authorizes the reconstruction of one existing bridge or culvert that crosses a regulated water that has a drainage area of 50 acres or more

Investigation, cleanup, removal or remediation of hazardous substances (GP 11)

General permit 11 authorizes the construction of one stormwater outfall structure along a regulated water that has a drainage area of less than 50 acres

Landfall of utilities (GP 12)

General Permit Number 12 (GP12) permits disturbance to freshwater wetlands, freshwater wetland transition areas and/or State open waters for surveying and investigative activities such as:

General permit 12 authorizes the construction of one or more footbridges across a regulated water, or across another feature such as a manmade canal or roadway that lies within the flood hazard area or riparian zone of a regulated water

Construction of recreational facilities at public parks (GP 13)

General permit 13 authorizes the construction of a trail and/or boardwalk

Bulkhead construction and placement of associated fill at a single-family home or duplex lot (GP14)

General permit 14 authorizes the application of herbicide within a riparian zone to control invasive plant species

Construction of piers, docks, jet ski ramps, pilings and boatlifts in man-made lagoons (GP 15)

General permit 1 authorizes a county, municipality, or a designated agency thereof to desnag
a channel and/or remove accumulated sediment, debris, and garbage under the “Stream Cleaning
Act”

Minor maintenance dredging in man-made lagoons (GP 16)

General permit 2 (GP2) authorizes activities in freshwater wetlands, transition areas, and/or State open waters, necessary for the construction and/or maintenance of an underground utility line. This could be anything from a gas line to placement of fiber optic telecommunication cable. If a utility line is jacked or directionally drilled underground, so that there is no surface disturbance of any freshwater wetlands, transition areas, or State open waters and there is no draining or dewatering of freshwater wetlands, no Department approval is required under this chapter. Directionally drilled utility lines, if improperly constructed, have the potential to act as “french drains”, in essence creating a conduit for water to flow. As such, it is important to implement measures such as anti-seep collars to prevent movement of water. In addition, perched water on which a wetland system may depend could be the result of a “clay lens” which, if punctured by construction of a utility line, can alter a wetland system.

General permit 2 authorizes activities in flood hazard areas and riparian zones necessary for
mosquito control water management activities conducted by a county mosquito control agency or
a Federal agency on Federal land. Mosquito control water management activities authorized
under this general permit include:
1. Removal of accumulated silt, sediment, and debris from any water;
2. Creation of ditches and channels where appropriate for mosquito control; and
3. Improvements to flow in manmade waters, such as the excavation of an existing manmade ditch or channel to provide positive drainage.

Stabilization of eroded shorelines (GP17)

General permit 3 authorizes scour protection activities at one or more existing bridges or
culverts

Avian nesting structures (GP 18)

General permit 4 authorizes regulated activities necessary to implement a plan for the
creation, restoration, or enhancement of habitat and water quality functions and values in a
regulated area. Activities authorized under this general permit include, but are not limited to:
1. Altering hydrology to create, restore, or enhance wetlands, such as by blocking,
removing, or disabling a manmade drainage ditch or other drainage structure such as a
tile, culvert, or pipe;
2. Breaching a structure such as a dike, berm, or low dam in order to allow water into an
area. Breaching or removing a dam is not regulated under this chapter, pursuant to
N.J.A.C. 7:13-12.11;
3. Placing habitat improvement structures such as:
i. Nesting islands;
ii. Fencing to contain, or to prevent intrusion by, livestock or other animals; and
iii. Aquatic habitat enhancement devices or habitat improvement structures such as
placed boulders, stream deflectors, or brush piles;
4. Regrading to provide proper elevation or topography for wetlands restoration, creation,
or enhancement; and
5. Removing, planting, cutting, burning, or otherwise managing vegetation in order to
increase habitat diversity or control nuisance flora.

Modification of existing electrical substations (GP 19)

General permit 5 authorizes the reconstruction and/or elevation of a lawfully existing building in a floodway

Legalization of the filling of tidelands (GP 20)

When an isolated freshwater wetland (FWW) or isolated State open water (SOW) is proposed to be disturbed, filled, excavated or drained, a GP 6 is required.

General permit 6 authorizes the construction of one single-family home or duplex, and one associated driveway that does not cross a regulated water

Construction of telecommunication towers (GP 21)

When a human-made ditch or in freshwater wetlands that are swales in a headwater* is proposed to be disturbed, filled, excavated or drained, a GP 7 is required.

General permit 7 authorizes the relocation of one or more manmade roadside ditches to facilitate public roadway improvements

Construction of certain structures related to the tourism industry at hotels and motels, commercial developments and multi-family residential developments over 75 units (GP 22)

General permit 8 authorizes the placement of one or more storage tanks and associated support structures

Geotechnical survey borings (GP 23)

General permit 9 authorizes the construction or reconstruction of one bridge or culvert that crosses a regulated water that has a drainage area of less than 50 acres

Habitat creation, restoration, enhancement and living shoreline activities (GP24)

General permit 10B (GP10B) authorizes the following activities in freshwater wetlands, transition areas, and/or State open waters:

General permit 10 authorizes the reconstruction of one existing bridge or culvert that crosses a regulated water that has a drainage area of 50 acres or more

Construction of one to three wind turbines less than 200 feet in height and having a cumulative rotor swept area no greater than 4,000 square feet (GP 25)

General permit 11 authorizes the construction of one stormwater outfall structure along a regulated water that has a drainage area of less than 50 acres

Construction of wind turbines less than 250 feet in height and having a cumulative rotor swept area no greater than 20,000 square feet (GP 26)

General Permit Number 12 (GP12) permits disturbance to freshwater wetlands, freshwater wetland transition areas and/or State open waters for surveying and investigative activities such as:

General permit 12 authorizes the construction of one or more footbridges across a regulated water, or across another feature such as a manmade canal or roadway that lies within the flood hazard area or riparian zone of a regulated water

Dredging of sand from a man-made lagoon deposited as a result of a storm event for which the Governor declared a State of Emergency (GP 27)

General permit 13 authorizes the construction of a trail and/or boardwalk

Dredging of material from a waterway at a residential or commercial development deposited as a result of the failure of a bulkhead as a consequence of a storm event for which the Governor declared a State of Emergency (GP28)

General permit 14 authorizes the application of herbicide within a riparian zone to control invasive plant species

Dredging and management of material from a marina deposited as a result of a storm event for which the Governor declared a state of Emergency (GP29)

General permit 14 authorizes the application of herbicide within a riparian zone to control invasive plant species

Commercial shellfish aquaculture activities (GP30)

General permit 14 authorizes the application of herbicide within a riparian zone to control invasive plant species

Placement of shell within shellfish lease areas (GP31)

General permit 14 authorizes the application of herbicide within a riparian zone to control invasive plant species

Application of pesticide within coastal wetlands to control invasive plant species (GP32)

General permit 14 authorizes the application of herbicide within a riparian zone to control invasive plant species