SOUTH BRANCH WATERSHED ASSOCIATION
SOUTH BRANCH WATERSHED ASSOCIATION
Prepared By
South Branch Watershed Association
Technical Advisory Committee
July 2003
Introduction
The South Branch Watershed Association’s Technical Advisory Committee has prepared this guide to assist citizens in providing input to the planning and development process. For over 40 years, the SBWA has promoted stewardship of the natural resources of the South Branch Raritan River watershed through education, monitoring, research and participation in land use planning. The Technical Advisory Committee consists of environmental attorneys, engineers, geologists, hydrologists, planners and others with technical expertise which they volunteer to review and comment on pending legislation, policies, and development plans that might adversely impact the South Branch of the Raritan River. The Environmental Manual for Municipal Officials and Environmental Commissioners’ Handbook, both published by The Association of New Jersey Environmental Commissions, were extensively referenced.
The first part of the guide, Guidelines For Public Participation In The Development Approval Process, provides a summary of the composition of municipal government and the responsibilities of its boards and committees. Opportunities for public participation are identified. The second part of the guide, Fact Sheet For Citizens Requesting Environmental Information, is an introduction to natural resources and measures available for their protection, and a listing of various sources of information.
This publication is a living document which will continue to evolve with updates and additions when necessary. Please check our web site at www.sbwa.org for the most recent version. Or call the SBWA office for further information.
Guidelines for Public Participation in the Development Approval Process
The Municipal Decision Making Process
There are 12 basic forms of Government in New Jersey, which are based on models set out in the State statutes. The majority of municipalities in the State are either Townships or Boroughs. A Municipality’s Charter includes the state laws that describe its form of government.
A Municipality is governed by its Township (or Borough) Committee (or Council), depending upon the form of government of the municipality. All governing body officials of a municipality are elected in partisan elections. The Governing Body appoints, in accordance with the rules and regulations of the state, various private citizens to the boards that serve the municipality such as the Planning and Zoning Boards and Environmental Commissions. The Governing Body also appoints employees or professional consultants to fill positions such as the Township Attorney, Engineer and Planner to serve the Governing Body. The Planning and Zoning Boards have the right, by law, to appoint their own professionals to serve those boards. Commissions, because of their limited authority, must depend upon the Governing Body for professional assistance. The School Board is the only entity that is not appointed by the Governing Body. As a body, the Governing Body performs all legislative and executive duties for the municipality. (In some municipalities, Mayors head the executive branch of the government.) Their meetings are regularly scheduled and open to the public. The different functional areas of the government are supervised by boards and committees appointed by the Governing Body (or the Mayor). Adoption of or amendment to the regulations and ordinances of a municipality is the responsibility of the Governing Body.
The Planning Board is charged with long range planning for the Municipality. Provisions of the New Jersey Municipal Land Use Law (MLUL), NJ Residential Site Improvement Standards, State Development and Redevelopment Plan and other regulations guide the board toward utilizing good civic design for the benefit of the community. Planning Board members write and revise a master plan, as mandated by the State, and draft land use ordinances which will hopefully make this vision a reality. The Board also reviews subdivision and site plan applications. Although the Planning Board is empowered to formulate ordinances, they are only advisors to the municipality’s Governing Body, which has the final power to actually enact ordinances.
The Zoning Board of Adjustment might be considered the judicial arm of the municipal government. The principal powers of the Board of Adjustment are to hear and decide upon requests for interpretation of the zoning map and land use ordinances. It has the authority, under certain conditions, to grant conditional uses and variances or relief from applicable regulations. A variance may only be granted if the applicant can demonstrate that he/she suffers “exceptional and undue hardship” under the regulation, and that said variance will not impair the intent and purpose of the zoning ordinance nor cause substantial detriment to the public good. The Zoning Board of Adjustment has the ability to also hear and render decisions on site plan and subdivision applications if it so chooses to accept the same.
The Environmental Commission is primarily concerned with the open spaces, natural and historic areas, environmentally sensitive lands, and the protection of natural resources within a municipality. In 1968, the State passed legislation that authorized, but did not require, municipalities to set up Environmental Commissions. Today, Environmental Commissions are local environmental advocates that advise municipal Planning Boards and Zoning Boards of Adjustment about the environmental impacts of proposed land uses. They also advocate planned open space preservation at the local level, investigate environmental problems and offer solutions, and educate residents on environmental matters and ways to help protect the environment. As the Legislation, 40:56A-2, states: “An Environmental Commission organized under this Act shall have power to conduct research into the use and possible use of open land areas of the municipality and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshland, swamps and other wetlands, in order to obtain information on the proper use of such areas, and may from time to time recommend to the Planning Board, or if none, to the mayor and governing body of the municipality, plans and programs for inclusion in a municipal master plan and the development and use of such areas.”
By State mandate, every municipality must have a Board of Health. While its members are appointed, the Board itself is wholly independent of municipal control and has broad police powers to draft ordinances as they may pertain to public health. This Board is responsible for protecting the public water supply and preventing pollution of any water source. The Board also regulates sanitary conditions in the municipality including the cleaning of septic systems and the dumping of garbage. It handles complaints related to health issues and is the agency that oversees dog and cat licensing. In some counties, such as Hunterdon County, the municipalities contract the County Board of Health to administer various municipality programs.
A 1986 amendment to the MLUL gave each New Jersey municipality the authority to establish a Historic Preservation Commission. The first responsibility of an historic preservation commission is to prepare a survey of historic sites and districts. This survey is the basis of the historic preservation element of the master plan. The zoning ordinance can delineate historic districts and sites and provide regulations and design criteria as a means to achieve historical and visual compatibility. As much of New Jersey’s historic heritage is closely related to the interaction between the landscape and historic structures, historic preservation commissions are ideally suited to advocate innovative zoning and site design techniques which preserve both cultural and natural resources.
Individual municipal employees can often be of assistance. The Municipal Clerk is a nonpartisan, continuing administrator for the municipality. He/she is a very valuable resource on what is going on in a municipality, and on a municipality’s various regulations and ordinances. Often a call to the clerk is a good first step to make when pursuing information or registering a complaint. The Construction Code Official is charged with assuring compliance with construction codes. When also assigned the duties of Zoning official he/she also enforces local environmental statues, and the local zoning ordinance. He/she issues permits and supervises construction by making inspections on the site. The Zoning Officer is responsible for reviewing applications coming to the municipality and determining whether they may receive a construction permit or require review by a board of the municipality. Generally, the Municipal (or County) Health Department will inspect a project for water supply and sewage disposal. The Health Department is often responsible for enforcing environmental statutes designed to protect public health by preserving water and air quality. Often they are the agency to call with a complaint about dumping, burning, septic system failure and wetlands violations. Some municipalities have created the paid position of Environmental Officer. Some responsibilities for an environmental officer might be to review all development applications, review all soil erosion and storm water management plans, and work in the field to solve problems in favor of natural resource protection.
All of the municipal boards and commissions have regularly scheduled meetings, which are open to the public. In accordance with the Open Public Meetings Act, all official meetings must be publicly noticed by posting at the municipal building and advertisement in local newspapers. Minutes of past meetings and agenda for upcoming meetings are also available to the public. These public officials are all residents who volunteer their time and expertise for the good of the town. Depending upon the municipality, their names and phone numbers may be available. A resident with a particular concern should feel free to communicate it to the appropriate officials in accordance with the policies of the municipality. It is best to communicate first with the Municipal Clerk’s Office, the board office or the code office to find out the protocol to follow. Most of the municipal officials are volunteers with full time jobs, and can only communicate in off hours.
Public participation is often scant at the municipal Governing Body or board meetings, not because of a lack of interest, but because most of the time the issues are not important to the majority of the residents, or the residents are not aware of the issues.
When issues of importance do arise, it is important to draw the attention of the public bodies to the issues by a well thought out synopsis of the issues and the ability to support the concerns with supporters who can speak with knowledge on the issues.
Filling the room with people is not always the best way to draw appropriate attention to your issues. Following the protocol for submitting letters of dissent and requesting time to speak at the public forum help set the stage for any future actions which may need to be taken. Being willing to submit written testimony and being willing to be cross-examined sets the tone for a Governing Body or board to understand how serious a citizens group may be.
The Governing Body (and in some municipalities, the Mayor), except for School Board, is the only publicly elected body in the municipality. The Governing Body has the right to develop and enact regulations and ordinances, which affect the long-term planning process for a municipality. This same body (and the Mayor), because it also controls all appointments, controls the ability to shape how a municipality will look over time. A long-term commitment to participation in the political process is perhaps the most effective way to help effect change.
The Master Plan
What Does a Master Plan Contain?
A Master Plan contains the background information, analyses and recommendations on how to guide the use of lands within a municipality in a way that protects public health, safety and welfare. The Master Plan must include at a minimum a statement of goals, policies and objectives, along with a land use plan element. Most master plans go well beyond this, containing a housing element, circulation element, conservation element, recreation element and many other elements.
How Does the Master Plan Relate to Zoning Ordinances?
The Governing Body of a municipality adopts a zoning ordinance only after the Planning Board has adopted the land use plan element and housing plan element of a master plan. The zoning ordinance must be consistent with these elements. However, the Governing Body may, by vote, adopt a zoning ordinance that is inconsistent with the master plan but only if it indicates by resolution the reasons for this.
What Should the Master Plan Conservation Element Address?
The conservation element should identify all of the important natural resources present in the community, their benefits, development constraints, vulnerabilities and the relationship between these various resources. This should be presented through a series of maps and supporting documentation. In addition, the conservation element should prioritize areas deserving protection and preservation, and discuss the various planning and zoning techniques that can be used to accomplish this.
Development Applications
The Municipal Land Use Law (MLUL) delegates most land use control to local governments. All zoning must be consistent with the MLUL and a municipality’s master plan. The Governing Body adopts, amends, revises and enforces the zoning ordinance, subject to the non-binding review and recommendations of the Planning Board and Zoning Board of Adjustment. Annually, the Board of Adjustment submits a report to the Planning Board and Governing Body outlining the various actions taken during the calendar year. It also recommends changes to the regulations so that requests for zoning variances are not a common occurrence in any particular portion of the land use codes.
A municipality’s zoning ordinance regulates the permitted uses of land and the permitted density or intensity of land use. Other land use regulations regulate what is required for the development of a given site (roads, drainage, parking, lighting, septic or sewage, landscaping, etc.).
A property owner is entitled to do with his/her land what the zoning ordinance and other land use regulations allow. The Fifth Amendment of the US Constitution prevents “taking” when it states “private property shall not be taken for public purposes without just compensation.” If a municipality zones a property in such a way that no use is possible, this may be considered a “taking” by the courts. Although a municipality may not use its regulatory power to prevent all development of the land, it may regulate how the land may be developed. The courts have upheld some extremely restrictive zoning and regulatory provisions allowing only such land uses as farming or low intensity recreation. Therefore, “reasonable use” does not always mean the right to construct buildings.
If you disagree with the zoning of your municipality, the proper forum is not the Zoning Board of Adjustment or Planning Board but your municipal Governing Body. Participation in the master plan revision process is another opportunity to effect zoning changes. Lands with high environmental sensitivity can be included in the open space element of the master plan and targeted for preservation.
Applications for development usually fall into one of the following three categories:
1. Use Variance - A use (or density/intensity of development), that is not permitted on a site requires a variance from the Zoning Board of Adjustment, subject to the applicant meeting the statutory requirements of proof. In such cases, the applicant (developer or owner of the property) must prove to the board’s satisfaction that the granting of the variance will not result in a substantial detriment to the general welfare of the public or be inconsistent with the master plan.
2. Bulk Variance - Applications that involve permitted uses and are within the density/intensity limits of the zoning ordinance, but which do not meet other requirements of the zoning ordinance, such as buffers or building setbacks, may be approved with issuance of a bulk variance. Bulk variances include modifications to site design and/or extent of the proposed application and can be approved by the municipal Planning Board. These bulk variances may also be termed design waivers. The burden is still on the applicant to prove that the variance(s) should be granted.
3. Conforming Applications - Proposals for permitted uses that meet all of the requirements of the zoning ordinance are reviewed and subject to approval by the Planning Board as to their design; they are not ordinarily denied approval if they meet all permitted uses and zoning requirements. Applications may be for subdivision approval or for site plan approval.
A subdivision application creates multiple lots from a single lot and may include creation of new roadway rights of way and design of a stormwater management system. Designation of lots for open space preservation may also be included in a subdivision application if required by ordinance. The MLUL classifies subdivisions as either major or minor. The municipal ordinance can specify the number of lots that constitute a minor subdivision, but it must have minimal off site impacts and require less review. A major subdivision is any that is not defined as minor, usually including a larger number of proposed lots, cluster zones, planned unit developments, etc. It requires much more extensive review and participation by the Planning Board, and a public hearing. Once a residential subdivision is approved, construction of the individual houses is subject to issuance of a building permit by the construction code official.
A site plan application includes the design of a building and appurtenant features on a particular lot. Site plan approval is required for uses other than single-family houses such as office, industrial or retail uses. The site plan generally includes the building location, parking, stormwater management facilities, roadway access, a grading plan, a utility plan and a landscape plan.
Citizen Participation
Be Realistic About What You Can Accomplish
Citizens concerned about a particular application should be sure their goals are appropriate to the given class of the application. In a Use Variance application, concerned citizens may be able to persuade a Zoning Board of Adjustment to deny the whole application. In a Bulk Variance application, concerned citizens may be able to influence substantial change in the design of the site or in the extent of the proposal by persuading the Board to deny the variance(s), but are less likely to have the whole project denied. In a Conforming application, negotiating a better design may be all that an objector can expect to achieve. The Zoning Board of Adjustment, by its enabling legislative mandates, does not have the true ability to negotiate a better design. The application should pass or fail based upon the merits presented to the board. Many boards find it difficult to separate the ability to conform to this need.
Become Involved Early
Appear at all meetings/public hearings on the application even if you will not be permitted to speak until the end. You can review the application file in the Board Secretary’s office a few days before each meeting. Information available for review should include: minutes of previous meetings on the application, project plans, professional reports, an Environmental Impact Statement (EIS) and environmental permit applications. You may also listen to the recorded tapes for any meetings. Be certain you understand the application and the applicable land use ordinances and other environmental protection programs. You will be more effective in presenting your objections if you are well informed.
One recommendation is that you visit the application site and surrounding area. Plan to take photographs to highlight your concerns regarding the application, if that is appropriate. Be sure to document the date, time and location of the photographs. These photographs and documentation may assist you in presenting your concerns.
Understand the Process of Public Participation
If a public hearing on an application has been “noticed,” it means that the applicant has already submitted plans and an application and has had these plans reviewed for completeness and conformity by the board’s professionals (engineer, planner, geologist, landscape architect, environmental specialist, etc.). If it is a Planning Board matter, the applicant may have already appeared before the Board for a non-binding conceptual review of the application. Copies of the most recent plans and application are available for public inspection (usually in the office of the Board’s Secretary) during business hours for the ten (10) days preceding the hearing. Property owners within 200 feet of the applicant's property are given notices of the public hearing. Other committees such as the Environmental Commission are also notified of pending applications.
At the point of the public notice, the applicant will have spent months preparing the plans, application, expert reports and other materials needed for the hearing and will have a decided advantage over anyone objecting to the application. You, on the other hand, will be able to listen to the applicant’s entire presentation before presenting your own case, which gives you an opportunity to hear the concerns of the Board and the Board’s professionals.
Most boards will have a policy on how the public hearing process will be run. The board attorney or chairperson will generally review this process before an application starts the hearing. The general policy is for the applicant to present portions of the case to the board through its professionals. The members of the Board and its professionals have the first right to cross-examine and ask general questions. After that the adjoining landowners and concerned public are allowed to directly question the applicant and professionals, but not to give statements or opinions.
The chairperson will advise the public as to when it is the correct time to present public opinions, statements or a separate presentation of testimony by objectors. It is generally recommended that if a large group of objectors is present that they choose a spokesperson or retain an attorney to organize the issues and present them one time. The impact of an issue loses strength when the same issue is presented multiple times with no new information for the Board to consider in making an informed decision.
When it is your turn to speak, a good strategy is to echo and reinforce the concerns expressed by the Board and its professional advisors with your own testimony. You may wish to voice your concerns in the form of a question to the applicant, e.g., “Are you aware of ...?”
You will be given the opportunity, during the applicant’s presentation, to cross-examine each of the witnesses, so take careful notes of what they say. Your questions might attempt to establish the limits of the witnesses’ expertise or illuminate any flaws or inconsistencies you are aware of in the testimony. Questions regarding compliance with applicable ordinances or other environmental protection programs can be raised. The time for you to voice your objections and present new relevant information is after the applicant has concluded his/her entire presentation.
Read Your Municipal Zoning Ordinances and Master Plan
These documents should provide you with important information about municipal planning and zoning policies. They will be helpful in evaluating the application and presenting objections, and when questioning a witness for the applicant.
Other Assistance
Since the Environmental Commission often reviews site plans for the Planning Board and the Zoning Board of Adjustment, you could call the chairperson and ask if the application is under review by the commission. The municipal planner/engineer can also help you understand the plan and the review process. Generally it is a good idea to contact the board administrator to seek time with the professionals because they are compensated out of escrow funds submitted by the applicant. Ask the Board for permission to meet with the professionals on selected items. If you have a legitimate objection to an application (beyond simply wishing for no more development), one that is grounded in the public interest, you should consider retaining an attorney to represent you (and your neighbors), and hiring one or more expert witnesses (environmental scientists, geologists, planners, engineers, noise consultants, etc.) to present testimony. This is expensive and you will probably be expected to pay for these services up front, so try to arrange for any other objectors to share costs with you. You may wish to try to get neighbors or concerned citizens to these meetings; either by providing transportation, baby-sitting or door-to-door reminders.
Fact Sheet for Citizens Requesting Environmental Information
Definitions of the following terms are included in this fact sheet in alphabetical order:
Please note when calling the NJ Department of Environmental Protection’s (NJDEP) phone numbers that this agency is a dynamic entity. Be patient and persistent when you’re tracking down information and using these phone numbers. The numbers change periodically and sometimes you have to go through two or three departments to find the one that may help you. The NJDEP produces an “Easy Access” book, which lists addresses and phone numbers for different state environmental offices and contacts.
This book is available from NJDEP Office of Communications, 609-777-3373, www.state.nj.us/dep
Wells are drilled into aquifers to obtain a water supply. The water demand of a given project and the adequacy of the underlying aquifer to supply the needed water should be evaluated and tested prior to granting approval. The potential for the new wells to affect existing wells should be investigated. Many municipalities have aquifer testing ordinances either as separate ordinances or as part of the Environmental Impact Statement Ordinance. Residential subdivisions of over 50 lots on wells require a water allocation permit from the NJDEP. Other developments that use more than 100,000 gallons per day also require a water allocation permit from NJDEP.
Additional Information:
The NJDEP Nongame and Endangered Species Program has recently prepared mapping of documented habitat for certain endangered and threatened wildlife species. This mapping is termed the Landscape Project. The US Fish and Wildlife Service also has records for federally listed species. These records are not based on a comprehensive survey of the State. It is, therefore, important that site-specific studies be performed by qualified experts to determine the presence or absence of such species. An inventory and mapping of potentially suitable habitat for endangered or threatened species could be performed on the municipality level. Then, when developers are preparing their applications for development they can address, on a site-specific basis, the probability that species, which have the potential to occur on their properties, are actually present.
Endangered and threatened species surveys can take the form of a habitat assessment or a field survey. A habitat assessment determines the probability of a species occurring on the property based on previous sightings on or in the vicinity of the site and the suitability of on-site habitat for supporting that species. A field survey would be conducted at the appropriate time of year (and day), within the potentially suitable habitat, to determine if the species is actually utilizing the site. The NJDEP Nongame and Endangered Species Program and the US Fish and Wildlife Service have developed protocols for the field survey of endangered and threatened species.
Some good questions to ask the applicant (or the applicant’s professionals) are: How long was he/she on the site for the Threatened/Endangered Species Investigation? Did he/she follow NJDEP and /or US Fish and Wildlife Service protocols for the survey? Where are the field notes, site maps and photographs from the Investigation? What were the qualifications of the person(s) who performed the investigation?
Additional Information:
Additional Information:
Also, limestone formations are usually excellent sources of ground water. However, due to solution voids and open fractures, limestone formations are extremely susceptible to pollution, especially from septic systems, leaking underground storage tanks and improperly filtered stormwater runoff. In areas underlain by limestone, subsurface conditions should be determined before approval for roadways, buildings, underground storage tanks and septic systems is granted. Fractured bedrock can function just like limestone solution voids in conveying ground water and its susceptibility to pollution.
Additional Information:
Additional Information:
Additional Information:
General Information on the Private Well Testing Act
The Act covers SALES of two types of properties, and RENTALS of other properties. Testing is required for the following:
Additional Information:
The Act requires that all projects have a Soil Erosion and Sediment Control Plan, which is certified, and inspected by the District. All plans must meet the technical requirements of the Standards for Soil Erosion and Sediment Control. Chapter 251 seeks to “reduce and retard” the detrimental effects of soil erosion. The Districts role is not to dictate land use policy but rather to ensure that land use changes are conducted in a manner that limits soil erosion. The District review process is a technical, rather than a subjective process. Public comment, which is never solicited, is only considered in relation to the plans technical merit and feasibility. Municipal approvals are contingent upon plan certification by the Soil Conservation District.
Additional Information:
Two proposed packages of regulations are designed to reduce pollution levels in New Jersey's water resources caused by stormwater runoff and to help replenish vital ground water supplies throughout the state. The first set of proposals announced in early January 2003 would update the state's Stormwater Management Rules, which have not been updated since their original adoption in 1983. The rules stress new performance standards for ground water recharge, including both water quality and quantity controls, and promote the integrity of the state's surface and ground water resources. The rules would require maintaining 100 percent of the average annual groundwater recharge statewide, a major initiative toward mitigating against future droughts.
In addition to the recharge standards, the regulations also stress water quality controls. Statewide, these rules require the implementation of Best Management Practices (BMPs) for new development in order to reduce pollution runoff levels by 80 percent. These rules also provide the special protections needed for the state's high quality waters, including drinking water reservoirs and streams that provide critical natural resource habitat, by requiring the protection of vegetated areas along waterways designated as Category 1 (C1) water resources. The second set of stormwater control proposals would require municipalities to develop control plans for stormwater runoff resulting from both existing and new development. These municipal stormwater permitting rules address U.S. Environmental Protection Agency's (EPA) federally-mandated requirements for Phase II stormwater rules, which were published in December 1999. All 50 states are in the process of implementing these new permitting and stormwater management programs.
The permits will be issued for all municipalities; large public complexes such as colleges, prisons, and hospitals; and highway systems operated by counties and other government agencies, such as the New Jersey Department of Transportation and the South Jersey Transportation Authority. The proposed rule packages will appear in the January 6, 2003 New Jersey Register and are subject to a 60-day public comment period to afford ample public input on the rules. Stormwater regulations are available online at www.nj.gov/dep/rules/notices/010603_14a.pdf and www.nj.gov/dep/rules/notices/010603_7a.pdf.
Additional Information:
The NJDEP also requires protection of stream corridors under the NJ Flood Hazard Area Control Act, which requires a Stream Encroachment Permit for activities in stream buffers (25-50 feet from top of bank). NJ Executive Order 109 also requires protection of stream corridors (termed riparian buffers) for projects requiring sewer, projects with more than 50 houses on septic or that will discharge more than 2,000 -- gallons per day via septic systems.
For construction techniques to protect surface and ground waters, refer to the NJDEP’s “Best Management Practices” found in their Nonpoint Source Assessment and Management Program Manual, prepared October 1989 currently revised to June 17, 2000. The manual, prepared by the NJDEP Division of Watershed Management, is available online at www.state.nj.us/dep/watershedmgt/bmpmanual.htm.
Stream Encroachment Permits are issued and reviewed by the NJ Department of Environmental Protection Land Use Regulation Program in accordance with the NJ Flood Hazard Area Control Act Regulations.
Additional Information:
Additional Information:
Additional Information:
Wellhead protection is intended to prevent water supply wells/well fields from becoming contaminated and can be applicable to single wells and groups of wells, such as proposed subdivisions. Wellhead protection areas for community water supply wells have been mapped by NJDEP at www.state.nj.us/dep/njgs/geodata/dgs02-2.htm.
Additional Information:
NJDEP has prepared 1”=1000’ scale wetland maps on aerial photograph base maps that indicate the approximate extent of wetlands. The wetland maps can be obtained from the NJDEP Maps and Publications Sales Office (609-771-1038). These maps are useful for planning purposes, but to determine the exact extent of wetlands and wetland transition areas a detailed field delineation must be performed and confirmed by the NJDEP Land Use Regulation Program. An applicant can apply to NJDEP to obtain confirmation of a wetland delineation by requesting a Letter of Interpretation (LOI).
Activities in wetlands, wetlands transition areas (upland areas adjacent to wetlands) and open waters are regulated by the NJDEP under the NJ Freshwater Wetland Protection Act. In accordance with the NJ Freshwater Wetlands Protection Act, no government entity other than the NJDEP may regulate freshwater wetlands. However, many municipalities require that wetlands be identified on a parcel and a Letter of Interpretation (LOI) be obtained from NJDEP as part of the development application. Approval may also be conditioned upon receipt of the appropriate permit authorization from NJDEP. Advanced identification of significant wetlands that warrant additional protection could be made as part of a Natural Resources Inventory. Protection of these areas could be effected through an Open Space/Greenway Plan.
Additional Information:
Additional Sources of Information
Association of New Jersey Environmental Commissions (ANJEC)
P.O. Box 157, Mendham, NJ 07945
201-539-7547
www.anjec.org
Hunterdon Land Trust Alliance
P.O. Box 143, Sergeantsville, NJ 08557
908-996-4421
www.hlta.org
Morris Land Conservancy
19 Boonton Avenue, Boonton, NJ 07005
973-541-1010 / fax 973-541-1131
www.morrislandconservancy.org
Municipal Directory
(names & addresses of Mayors, Municipal Clerks, Engineers,
Attorneys, Managers and Administrators of NJ Municipalities)
New Jersey State League of Municipalities
401 W. State Street, Trenton, NJ 08618
609-695-3481
www.njslom.org
NJ Audubon Society
P.O. Box 125, 790 Ewing Avenue, Franklin Lakes, NJ 07417
201-891-2185
New Jersey Conservation Foundation
Bamboo Brook, 170 Longview Road, Far Hills, NJ 07931
908-234-1225
www.njconservation.org
New Jersey Department of Environmental Protection (NJDEP)
401 E. State Street, P.O. Box 402, Trenton, NJ 08625-0402
609-292-2885
www.state.nj.us/dep
NJDEP - Land Use Regulation Program
P.O. Box 439, 501 East State Street, Second Floor, Trenton, NJ 08625-0439
609-292-1235
www.state.nj.us/dep/landuse
NJDEP - Division of Fish and Wildlife
Nongame and Endangered Species Program
609-292-9410
www.state.nj.us/dep/fgw/ensphome.htm
The New Jersey Natural Heritage Program
NJDEP - Office of Natural Lands Management, Division of Parks and Forestry
P.O. Box 404, Trenton, New Jersey 08625-0404
609-633-2765 / fax 609-984-1427
www.natureserve.org/nhp/us/nj
NJDEP - Maps and Publications Sales Office
P.O. Box 438, Trenton, N.J. 08625-0438
609-771-1038
www.state.nj.us/dep/njgs/pricelst/pricelst.htm
NJDEP - Division of Water Quality
401 East State Street, P.O. Box 029, Trenton, NJ 08625-0029
609-292-4543 / fax 609-984-7938
www.nj.gov/dep/dwq
NJDEP - Division of Watershed Management
401 East State Street, P.O. Box 417, Trenton, NJ 08625-0417
877- WTRSHED / Raritan Basin 609-633-7020
www.state.nj.us/dep/watershedmgt
NJDEP - NJ Geological Survey
29 Arctic Parkway, P.O. 427, Trenton, NJ 08625-0427
609-292-1185
www.state.nj.us/dep/njgs
NJDEP - Bureau of Water Supply Planning and Policy
609-633-1179
www.state.nj.us/dep/watersupply
NJ Department of Community Affairs, Office of Smart Growth
101 S. Broad Street, P.O. Box 800, Trenton, NJ 08625–0800
www.nj.gov/dca/osg
NJ Federation of Planning Officials
66 Morris Avenue, P.O. Box 359, Springfield, NJ 07081
201-379-1100
Soil Conservation Districts (SCD)
Local Listings:
www.state.nj.us/agriculture/rural/natrsrc.html#local
Hunterdon County Soil Conservation District
687 Pittstown Road, Suite 1, Frenchtown, NJ 08825
908-788-1397 / fax 908-788-0795
Morris County Soil Conservation District
Court House, PO Box 900, 560 W. Hanover Avenue, Morris Township, Morristown, NJ 07960
973-285-2953 / fax 973-285-8345
Somerset-Union Soil Conservation District
Somerset County 4-H Center, 308 Milltown Road, Bridgewater, NJ 08807
908-526-2701 / fax 908-526-7017
State Soil Conservation Committee
New Jersey Department of Agriculture
CN 330, Trenton, New Jersey 08625
609-292-5540 / fax 609-633-7229
www.state.nj.us/agriculture/rural/natrsrc.htm
US EPA, Region 2
26 Federal Plaza, New York, NY 10007
212-262-2657
www.epa.gov/Region2
US Fish and Wildlife Service, NJ Field Office
927 North Main Street, Heritage Square Building D, Pleasantville, NJ 08232
609-646-9310
njfieldoffice.fws.gov
Hunterdon County Planning Board
Building #1, Route 12 County Complex, P.O. Box 2900, Flemington, NJ 08822-2900
908-788-1490
www.co.hunterdon.nj.us/planning.htm
Morris County Planning Board
30 Schuyler Place, Morristown, NJ 07960
908-829-8120
www.co.morris.nj.us
Somerset County Planning Board
Robert Bzik, Director of Planning
20 Grove Street, P.O. Box 3000, Somerville, NJ 08876
908-231-7021 / fax 908-707-1749
www.co.somerset.nj
email
PlanningBd@co.somerset.nj.us