Tag: freshwater wetlands

NJDEP – Notice of Rule Proposal CZMA, FWPA, FHACA

NJDEP – Notice of Rule Proposal

July 17, 2017

Coastal Zone Management Rules, N.J.A.C. 7:7
Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A
Flood Hazard Area Control Act Rules, N.J.A.C. 7:13
Proposed amendments, repeals, and new rules

Take notice that the NJ Department of Environmental Protection (Department) is proposing amendments, repeals, and new rules to the Coastal Zone Management Rules in response to issues identified through stakeholder outreach and to address other issues that have arisen since the July 6, 2015 adoption of the consolidated coastal rules. The proposed amendments are related to shellfish aquaculture, filled water’s edge, dune walkovers and other beach and dune development, CAFRA findings, V zones, scenic resources and high-rise structures, permits to apply herbicide, trails, building access in flood hazard areas, application requirements, and rule rationales. Amendments and new rules are additionally proposed in the Freshwater Wetlands Protection Act Rules and Flood Hazard Area Control Act Rules as part of the Department’s continuing effort to align the three land use permitting programs to the extent possible.

The proposal is scheduled to be published in the New Jersey Register dated July 17, 2017. A copy of the proposal is available at http://www.nj.gov/dep/rules/proposals/20170717a.pdf and from LexisNexis free public access to the New Jersey Register, www.lexisnexis.com/njoal.

Public hearings concerning the proposal are scheduled as follows:

Thursday, August 10, 2017, at 6:00 P.M.
City of Long Branch Municipal Building
Council Chambers, 2nd Floor
344 Broadway
Long Branch, NJ 07740

Tuesday, August 15, 2017, at 10:00 A.M.
Campus Center Theater
Stockton University
101 Vera King Farris Drive
Galloway, NJ 08205

Written comments may be submitted electronically by September 15, 2017 at http://www.nj.gov/dep/rules/comments; or in hard copy to:

Gary J. Brower, Esq.
ATTN: DEP Docket No. 11-17-06
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402

Fighting Clean Water Rules Rollbacks – What You Can Do

One of the first things most 3rd or 4th graders learn in earth science is that water runs downhill. By 6th or 7th grade kids can make the connection between pollution of waters uphill and contamination larger waterways in lower lying areas as the polluted water flows downhill.

The Lower Raritan Watershed Partnership thinks that rationale ought to be enough to include small river tributaries, headwaters and wetlands under the federal Clean Water Act to ensure protections for the waters of the United States (WOTUS). Despite the important role these waters play in keeping our environment, and our drinking water, clean and healthy the EPA is seeking to rollbacks protections.

In June the EPA issued its proposal to repeal the “waters of the United States regulation,” also known as the Clean Water Rule, that clarifies protections for headwaters, seasonal streams and wetlands. The Clean Water Rule clarifies protections for the headwaters, seasonal streams and wetlands that feed drinking water supplies for more than 117 million Americans, and protects the wetlands that provide critical flood storage and wildlife habitat. If the Clean Water Rule is repealed, federal protections will be reversed on 60 percent of U.S. streams and 20 million acres of wetlands. What is the goal of this policy reversal? To make it easier for these already-vulnerable lands to be used for extractive projects: open-pit mining, gas fracking, tar sands oil and other pipelines, all uses with tremendous impacts on our local ecologies, especially our local water systems.

If you think that our New Jersey streams and wetlands are protected because earlier generations in the Garden State had the foresight to create the nation’s strongest freshwater wetlands protection measures (the 1987 New Jersey Freshwater Wetlands Protection Act), think again. Since 1990 our Lower Raritan Watershed has lost 3,461 acres of forested wetlands, 2,891 acres of emergent wetlands, 1,086 acres of agricultural wetlands, and 593 acres of disturbed wetlands (Sustainable Raritan River Initiative, 2016). Negative effects of wetlands loss in the LRW include an intensification of flooding of our communities, and pollution loading in our Raritan River and area streams. And earlier this year the NJ Department of Environmental Protection submitted FWPA rules revisions proposals that significantly cut protections from these valuable lands (6.25.2017 – public comment on FWPA). Furthermore, a reduction in protections in neighboring New York and Pennsylvania – states without strong protection measures – will mean that pollution in those states will roll downhill right into New Jersey’s waters.

A NJSpotlight analysis indicates that this rollback could threaten more than half of New Jersey’s streams and wetlands, and could compromise drinking water for up to 6 million people. By repealing these federal and state rules we put polluter profits ahead of the needs of our communities, businesses, and environment. Repealing these rules is an assault on basic protections for clean water that puts millions at risk.

But here’s the thing — the EPA won’t get rid of the Clean Water Rule without public input. We need to flood the EPA with our comments. We need members of Congress and businesses speaking out. We need citizens demanding their elected officials fight for our right to clean water.

Here is a sample of some of the messages that ordinary people who want the existing rules on clean water strengthened have shared with the EPA. Please consider sharing your message, the comment period is open until August 28:

I am extremely fond of breathing clean air and drinking clean water, I would like these things to be available to my children and grandchildren. Please keep the regulations in place that help protect our air and water. Short term profits for corporations do not outweigh the long term benefit of a healthy environment.

As one of a majority of Americans I do not support any weakening of regulations that insure that we have clean water, clean air and healthy soil. I support the clean power regulations to reduce air pollution from coal plants. Those regulations will save many lives … Do not weaken the ability of the EPA to protect our clean water, soil and air.

Please work to keep our water, air, and land clean and safe for all people. Regulations that protect the water we drink, the air we breathe, the land where our food is grown, where our children play, the open spaces that people and animals need and enjoy should not be removed. This means that existing regulations on mining, industry, farming and other activities that require safe practices and healthy outcomes are also essential. Keep America clean and healthy for all.

The current administration has made it clear that their intent is to jeopardize the health of the planet in order to enrich the pockets of the fossil fuel industry … The blatant disregard for the quality of our country’s air and water is disheartening and will not be forgotten in upcoming election cycles.

NJDEP – Rescheduled Public Hearing FWPA Rules July 22

48 N.J.R. 1349(a)  

Copyright © 2016 by the New Jersey Office of Administrative Law





48 N.J.R. 1349(a)

Proposed Amendments: N.J.A.C. 7:7-6.4, 15.2 and 25.1; 7:7A-11.1; and 7:13-1.2, 6.7, 7.8 through 7.12, 7.29, 7.56, 7.58, 7.61, 8.5, 8.6, 8.8, 8.13, 9.5, 9.6, 9.8 through 9.10, 11.2, 12.5, 12.14, 13.1, 13.2, 13.6, 13.7, 13.8, 13.14 through 13.20, and 20.1

Proposed New Rule: N.J.A.C. 7:13-13.4

Click here to view Interested Persons Statement

Flood Hazard Area Control Act Rules

Coastal Zone Management Rules

Notice of Rescheduling of Public Hearing

Freshwater Wetlands Protection Act Rules

Take notice that the Department of Environmental Protection (Department) is rescheduling the public hearing on proposed amendments and new rules in the Flood Hazard Area Control Act (FHACA) Rules, N.J.A.C. 7:13, Coastal Zone Management (CZM) Rules, N.J.A.C. 7:7, and Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A, PRN 2016-084. The proposed amendments and new rule were published in the New Jersey Register on June 20, 2016 at 48 N.J.R. 1014(a). The Department has rescheduled the hearing date as indicated below.

A copy of the notice of proposal is available at http://www.nj.gov/dep/rules and from LexisNexis free public access to the New Jersey Register, www.lexisnexis.com/njoal.

A public hearing concerning the notice of proposal is scheduled as follows:

Friday, July 22, 2016, at 10:00 A.M.
NJ Department of Environmental Protection
Public Hearing Room
401 East State Street
Trenton, NJ 08625

Submit comments by August 19, 2016, electronically at http://www.nj.gov/dep/rules/comments. The Department of Environmental Protection (Department) encourages electronic submittal of comments. In the alternative, comments may be submitted on paper to:

Gary J. Brower, Esq.
ATTN: DEP Docket No. 05-16-05
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L
[page=1350] 401 East State Street, 7th Floor
PO Box 402
Trenton, NJ 08625-0402