NOTE: THIS IS A COURTSEY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE JULY 6, 2015 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN. ENVIRONMENTAL PROTECTION LAND USE MANAGEMENT Coastal Zone Management and Coastal Permit Program Rules Adopted Recodifications with Amendments: N.J.A.C. 7:7-1.3 as 1.5; 1.6 as 20.1; 1.10 as 19; 2.1 as 2.2; 2.2 as 2.3; 2.3 as 2.4; 7.1 as 3.2; 7.2 as 4.1 through 4.20; 7.4 as 7; 7.5 through 7.36 as 6; 8 as 29; and 10 as 25; and 7:7E-1.1 as 7:7-1.1; 7:7E-1.2 as 7:7-1.2; 7:7E-1.4 as 7:7-1.3; 7:7E-1.5 as 7:7-1.4(b); 7;7E-3 as 7:7-9; 7:7E-3A as 7:7-10; 7:7E-3C as 7:7-11; 7:7E-4 as 7:7- 12; 7:7E-5.1 and 5B.1 as 7:7-13.1; 7:7E-5.2 through 5.5 as 7:7-13.2 through 13.5; 7:7E-5A.2 through 5A.10 as 7:7-13.6 through 13.14; 7:7E-5B.2 through 5B.6 as 7:7-13.15 as 13.19; 7:7E-6 as 7:7-14; 7:7E-7 as 7:7-15; 7:7E-8 as 7:7-16; 7:7E Appendix 3 as 7:7 Appendix H; and 7:7E Appendix 5 as 7:7 Appendix I Adopted Amendments: N.J.A.C. 7:7-1.4 and 7:7 Appendices A, B, and C Adopted Repeals: N.J.A.C. 7:7-1.1, 1.5, 1.7, 1.8, 1.9, 1.11, 3, 4, 5, 6, 7.3, 7.3A, 8.8, 8.9, 8.10, 8.11, 8.12, and 8.15; and 7:7E-1.3, 1.6, 1.7, 1.8, 3B, 5A.1, and 7.3A, and 7:7E Appendix 1 Adopted New Rules: N.J.A.C. 7:7-1.6, 1.7, 1.8, 2.1, 2.5, 3.1, 3.3 through 3.8, 4.21, 4.22, 5, 6.32, 8, 9.49, 12.8, 17, 18, 21 through 28, and 29.9, and 7:7 Appendices D, E, F, G, and J Proposed: June 2, 2014, at 46 N.J.R. 1051(a) 1 NOTE: THIS IS A COURTSEY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE JULY 6, 2015 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN. Adopted: , by Bob Martin, Commissioner, Department of Environmental Protection Filed: , with substantial and technical changes not requiring additional public notice (see N.J.A.C. 1:30-6.3). Authority: N.J.S.A. 12:3-1 et seq., 12:5-3, 13:1D-1 et seq., 13:9A-1 et seq., and 13:19-1 et seq. DEP Docket Number: 03-14-04 Effective Date: July 6, 2015 Expiration Date: November 14, 2021 The rule adoption can also be viewed or downloaded from the Department’s website at www.nj.gov/dep/rules. Summary As part of the Department’s effort to transform the operations of the land use permitting programs administered by the Division of Land Use Regulation, the Department is adopting amendments, repeals, and new rules which consolidate the Coastal Permit Program Rules and the Coastal Zone Management Rules into one chapter, the Coastal Zone Management (CZM) rules, codified at N.J.A.C. 7:7. The new CZM rules establish a comprehensive and streamlined set of rules governing land use in the coastal area. Through this adoption and anticipated rulemaking to amend the Freshwater Wetlands Protection Act Rules (FWPA) and Flood Hazard Area Control Act (FHACA) Rules, the Department intends to align the rules governing the permitting processes of all three programs to the extent the respective enabling statutes allow. 2 NOTE: THIS IS A COURTSEY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE JULY 6, 2015 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN. The adopted amendments, repeals, and new rules address the alignment of the permitting process rules relating to emergency authorizations, pre-application conferences, application requirements, requirements for an applicant to provide public notice, application review, permit conditions and changes to issued permits, and requests for adjudicatory hearings. The adopted amendments, repeals, and new rules also transform the operations of the land use permitting programs by streamlining functions, re-engineering business processes, and leveraging technology to eliminate unnecessary paperwork, share applications and forms across the Department, and increase the use of electronic submittals. Further, this adoption amends various standards of the Department’s rules regarding the use and development of the State’s coastal resources, specifically those relating to dredging and dredged material management, marina development and expansion, and mitigation. Summary of Hearing Officer’s Recommendation and Agency Response: The Department held three public hearings on the proposal on: Wednesday, June 25, 2014, at 5:30 P.M., at the Long Branch Council Chambers, Long Branch; Thursday, June 26, 2014, at 1:00 P.M., at the NJ Department of Environmental Protection Public Hearing Room, Trenton; and Wednesday, July 9, 2014, at 11:00 A.M., at the Jacques Cousteau National Estuarine Research Reserve, Jacques Cousteau Coastal Education Center, Tuckerton. At the July 7, 2014 public hearing, Environment New Jersey delivered 19,408 pre-printed postcards, each bearing its name. Each postcard requests that the rebuilding of the shore be done in a sustainable manner. Each postcard bore the handwritten name, address and telephone number of a different individual. Given the postcards unity of source, delivery and message, the Department considers 3 NOTE: THIS IS A COURTSEY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE JULY 6, 2015 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN. them together akin to a petition, and designated them together as commenter 164 below. Further, on July 16, 2014, a representative of Environment New Jersey hand-carried a pre-printed petition bearing its name. The petition requests that the rebuilding of the shore be done in a sustainable manner that protects the shore’s waters and environment, and limits flooding and other serious effects of future storms. The petition contains the handwritten name, address, and, in some cases, telephone number of 376 individuals. The Department has designated this petition as commenter 165. Ms. Virginia Kop’kash, Assistant Commissioner, Land Use Management, was the hearing officer for the June 25 and July 7 public hearings and Kimberly Springer, Rule Manager, was the hearing officer for the June 26 public hearing. Nineteen thousand nine hundred forty-seven persons (19, 947) provided written comments and/or oral comments at the public hearing. The hearing officers recommended that the amendments, repeals, and new rules be adopted with the changes described in the responses to comments and summary of Department-initiated changes below. The Department accepts the recommendation. The hearing record is available for inspection in accordance with applicable law by contacting: Office of Legal Affairs Attention: DEP Docket No. 03-14-04 Department of Environmental Protection 401 East state Street, 7th floor Mail Code 401-04L P.O. Box 402 Trenton, NJ 08625-0402 4 NOTE: THIS IS A COURTSEY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE JULY 6, 2015 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN. Summary of Public Comments and Agency responses The following persons timely submitted comments on the proposal: 1. Fred Akers, Great Egg Harbor River Council and Watershed Association 2. Irene Almeida 3. Amy Barlet 4. Adam Beamer 5. Kate Beck 6. Rose Behlert 7. Christine Bell, Jersey Shore Chapter of Surfrider Foundation 8. Rob Benjamin 9. Marge Berkeyheiser 10. John Bonino, South Jersey Surfrider Foundation 11. David Brogan, New Jersey Business and Industry Association 12. Cheryl Buist 13. Jason Buist 14. Martin Burns 15. Robert Burr 16. Theresa Callahan 17. Allison Candelmo 18. Jon Carnahan, Pioneer Marine 19. Rick Castellini 20. Katherine Catinella 5 NOTE: THIS IS A COURTSEY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE JULY 6, 2015 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN. 21. Thomas Chiappa 22. Jennifer Coffey, Association of New Jersey Environmental Commissions 23. Beth Collis 24. Daniel Conway 25. Mary Conway 26. Sarah W. Cooksey, Delaware Coastal Management Program 27. Alex Creed 28. Melissa Danko, Marine Trades Association of New Jersey 29. Lacey DeBoer 30. Don Delzio 31. John DiGenni 32. Tim Dillingham, American Littoral Society 33. Patricia Doerr, The Nature Conservancy 34. Theresa Domino 35. Rachel Donovan 36. Christopher Duffy 37. Chris Eaves 38. Linda Edwards 39. Donald Ehrenbeck 40. Peter English 41. Marc Feldman 42. Peter Ferwerda 6 NOTE: THIS IS A COURTSEY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE JULY 6, 2015 NEW JERSEY REGISTER.