Before any regulated activity may be undertaken in a regulated area, an authorization or permit is required under the Flood Hazard Area Control Act Rules.
It is the responsibility of the owner/applicant to contact NJDEP to verify, and if necessary, apply for and receive all required permits prior to the start of any project within a regulated area. NJDEP permits, if required, must be obtained prior to the filing of a construction permit.
The NJDEP has six (6) different types of authorizations and permits. They are:
- Permits-by-registration (N.J.A.C. 7:13-7)
- General permits-by-certification (N.J.A.C. 7:13-8)
- General permits (N.J.A.C. 7:13-9)
- Individual permits
- Emergency authorizations
- Coastal permits
We address only the first three, since they are within the scope of this discussion.
Permits-by-registration are adopted to cover certain activities that are minor in scope with little or no impact on flooding and the environment. The Flood Hazard Area Control Act Rules include 30 permits-by-registration, described at N.J.A.C. 7:13-7. Since no prior written authorization is required before undertaking eligible activities, each permit-by-registration is adopted with clearly defined limits provided at N.J.A.C. 7:13-7 as well as general conditions that must be met for each activity pursuant to N.J.A.C. 7:13-6.7. If the activity cannot meet those limits, it is not approved under the permit-by-registration.
Prior to undertaking an activity authorized by a permit-by-registration, the owner of the site or a designated agent such as the person performing the work must register with NJDEP through the NJDEP Online Business Portal. The registrant must provide a copy of the documentation provided by NJDEP to both the Highlands Construction Official and Floodplain Administrator.
GENERAL PERMITS-BY-CERTIFICATION
General permits-by-certification are instant, online authorizations available for certain regulated activities that are more complex than activities that are eligible for a permit-by-registration and therefore require authorization through NJDEP’s electronic permitting system before they can be undertaken. However, like permits-by-registration, they include specific limitations, which allow the automated issuance of an approval or rejection. There is no need for a case-by-case evaluation of whether the activity meets the specifically defined conditions of a general permit-by-certification because a licensed professional engineer or registered architect must certify that it does.
The online process additionally provides the Department with a record of the proposed activity, including the location and extent of the regulated activity and the applicant’s and property owner’s names, addresses, and contact information. The Flood Hazard Area Control Act Rules include 15 general permits-by-certification, described at N.J.A.C. 7:13-8.
Before beginning the online application process for this type of NJDEP permit, the applicant must ensure that all application requirements have been met, including the requirement to provide public notice (see N.J.A.C. 7:13-19 for the public notice requirements).
Like permits-by-registration and general permits-by-certification, general permits are adopted or promulgated under the Flood Hazard Area Control Act Rules. However, unlike permits-by-registration and general permits-by-certification, NJDEP staff review the proposed activity to ensure that the activity meets the requirements of the specific general permit under which authorization is sought. After an activity is found to comply with a general permit, a written authorization is issued under that permit. The Flood Hazard Area Control Act Rules include general permits for 12 activities, which are described at N.J.A.C. 7:13-9. Prior to undertaking activities authorized under a general permit, the applicant must submit an application to NJDEP.