If it is unclear whether a particular activity is regulated under the Flood Hazard Area Control Act rules, a person may request an applicability determination, which is an optional service NJDEP provides to anyone who wants a written determination of whether or not a flood hazard area permit or authorization is necessary. Applicability determinations are recommended when there is uncertainty as to whether an activity is regulated to avoid unintentionally undertaking unauthorized regulated activities and incurring potential liability. There is no fee for applicability determinations, and the procedure for requesting an applicability determination is provided at N.J.A.C. 7:13-2.6.
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