New Jersey § 13:1d-145
Full text of New Jersey New Jersey Statutes § 13:1d-145, with citation guidance and answers to common questions.
§ 13:1d-145.
a. There is established in the Department of Environmental Protection a Division of
Smart Growth under the direction of a director, who shall be appointed by the Governor
and report to the Commissioner of Environmental Protection. The director shall review and take action on permits for which the applicant has
requested expedited review pursuant to this section. b. The director shall coordinate and expedite the review of permits issued by the
division with the Smart Growth Ombudsman appointed pursuant to section 2 of P.L.2004, c. 89 ( C.52:27D-10.3 ). c. (1) An applicant may request an expedited permit application review for a proposed
project in a smart growth area. In order to qualify for expedited permit application review pursuant to this section,
an applicant shall include with a permit application all necessary documentation,
a request for expedited permit application review, and the permit fee established
in accordance with subsection d. of this section. The permit application shall be signed by the applicant and by a professional qualified
and registered in accordance with subsection e. of this section, certifying that a
permit application is complete and that the statutory and regulatory requirements
for the permit have been met by the applicant. A copy of the application and the request shall also be submitted to the ombudsman
and to the clerk of the municipality and the clerk of the county in which the proposed
project is located. A permit application that qualifies for expedited permit application review pursuant
to this section shall be subject to the following time frames: (a) the division shall notify an applicant within 20 days after the filing date if
the permit application lacks a submission identified on a checklist therefor, or a
submission has not been completed. If an application, including the permit fee and all necessary documentation, is
determined to be complete, or if a notice of incompleteness is not provided within
20 days after the filing of the application, the application shall be deemed complete
for purposes of commencing a technical review. In the case of a permit application affecting wetlands, a complete application shall
include an effective letter of interpretation issued by the department concerning
the delineation of the wetlands; (b) (i) except as otherwise provided in subsubparagraph (ii) of this subparagraph,
the division shall notify an applicant if the permit application is technically complete
or issue a notice of deficiency within 45 days after the filing of the application. If an application is determined to be technically complete, or if a notice of deficiency
is not issued within 45 days after the filing of the application, the application
shall be deemed technically complete. A notice of deficiency shall itemize all deficiencies that must be addressed in
order for the application to be determined technically complete. A notice of deficiency shall be deemed exclusive and further review for technical
completeness shall be limited to the items so identified; (ii) in the case of water allocation permits issued pursuant to the “Water Supply
Management Act,” P.L.1981, c. 262 ( C.58:1A-1 et seq. ) and P.L.1993, c. 202 ( C.58:1A-7.3 et seq. ) for a diversion from an unconfined aquifer or surface water body and New Jersey
Pollutant Discharge Elimination System permits issued pursuant to the “Water Pollution
Control Act,” P.L.1977, c. 74 ( C.58:10A-1 et seq. ) for a discharge of 1,000,000 gallons per day or greater, the division shall notify
an applicant if the permit application is technically complete or issue a notice of
deficiency within 60 days after filing of the application. If an application is determined to be technically complete, or if a notice of deficiency
is not issued within 60 days after filing of the application, the application shall
be deemed technically complete; (c) except as provided in subparagraphs (e) and (f) of this paragraph, the division
shall take action on a technically complete permit application within 45 days, except
that this time period may be extended for a 30-day period by the mutual consent of
the applicant and the department. Except for any New Jersey Pollutant Discharge Elimination System permit issued pursuant
to the “Water Pollution Control Act,” P.L.1977, c. 74 ( C.58:10A-1 et seq. ) in the event that the department fails to take action on an application for a permit
within the 45-day period specified herein, or within the periods set forth in subparagraphs
(e) and (f) of this paragraph, then the application shall be deemed to have been approved; (d) if more than one notice of deficiency is issued by the division, the applicant
may request an expedited hearing in accordance with section 14 of P.L.2004, c. 89 ( C.52:14F-17 ) to determine whether the application is technically complete; (e) in the cases of water allocation permits issued pursuant to the “Water Supply
Management Act,” P.L.1981, c. 262 ( C.58:1A-1 et seq. ) and P.L.1993, c. 202 ( C.58:1A-7.3 et seq. ) for a diversion from a confined aquifer and New Jersey Pollutant Discharge Elimination
System permits issued pursuant to the “Water Pollution Control Act,” P.L.1977, c.
74 ( C.58:10A-1 et seq. ) for a discharge of less than 1,000,000 gallons per day, after a permit application
is deemed complete, and after a 30-day public comment period, the department shall
take action on the permit within five days if minimal or no comments were received
in the public comment period, or within 15 days if more than minimal comments were
received in the public comment period; and (f) in the cases of water allocation permits issued pursuant to the “Water Supply
Management Act,” P.L.1981, c. 262 ( C.58:1A-1 et seq. ) and P.L.1993, c. 202 ( C.58:1A-7.3 et seq. ) for a diversion from an unconfined aquifer or surface water body and New Jersey
Pollutant Discharge Elimination System permits issued pursuant to the “Water Pollution
Control Act,” P.L.1977, c. 74 ( C.58:10A-1 et seq. ) for a discharge of 1,000,000 gallons per day or greater, after a permit application
is deemed complete, and after a 30-day public comment period, the department shall
take action on the permit within five days if minimal or no comments were received
in the public comment period, or within 45 days if more than minimal comments were
received in the public comment period. (2) Nothing in this subsection shall supersede shorter periods for department action
provided by applicable law. d. The direct and indirect costs of personnel, equipment, operating expenses, and
activities of the division shall be funded solely through permit fees for expedited
permits issued in the smart growth areas pursuant to this section. The department shall, in consultation with the ombudsman, establish permit fees
necessary for the department to administer and enforce the expedited permit application
review program established pursuant to this section. The fee schedule established pursuant to this subsection shall include the department's
pro rata share of the budget of the Smart Growth Ombudsman. Within 30 days after the date of enactment of P.L.2004, c. 89 ( C.52:27D-10.2 et al.), the department, in consultation with the ombudsman, shall publish a schedule
of permit fees in the New Jersey Register and may amend the fee schedule as necessary. The fee schedule may provide for increased fees for complex projects. e. (1) The Director of the Division of Smart Growth shall, within 120 days after the
date of enactment of P.L.2004, c. 89 ( C.52:27D-10.2 et al.), develop a program for the qualification and registration of professionals
who shall certify that a permit application is complete and that the statutory and
regulatory requirements for the permit have been met by the applicant. The requirements for qualification and registration may include, but shall not be
limited to, professional licensure relevant to the subject matter of the permit, a
review of projects undertaken by the professional applying for qualification and registration,
and a review of the nature of the professional's services provided on each project. (2) The director shall include in the program for the qualification and registration
of professionals any standards or requirements necessary for proper administration
and enforcement of the provisions of P.L.2004, c. 89 ( C.52:27D-10.2 et al.), and shall provide for the suspension or revocation of the qualification
and registration of professionals as provided in this subsection. (3) Any person who negligently violates any requirement of the program established
by the department for the qualification and registration of professionals may lose
professional licensure for one year, may be barred from qualification and registration
for a period of three years, and the firm with which that individual is associated
may be barred from seeking qualification and registration for a period of three years. (4) If a person willfully or recklessly violates any requirement of the program established
by the department for the qualification and registration of professionals, that individual
shall lose professional licensure for one year, shall be permanently barred from qualification
and registration, and the firm with which that individual is associated shall be permanently
barred from seeking qualification and registration. (5) Prior to any suspension, revocation, or failure to renew a person's qualification
and registration, the department shall afford the person or firm an opportunity for
a hearing in accordance with the provisions of the “Administrative Procedure Act,”
P.L.1968, c. 410 ( C.52:14B-1 et seq. ), except that, if the department has reason to believe that a condition exists which
poses an imminent threat to the public health, safety or welfare, it may order the
immediate suspension of qualification and registration pending the outcome of the
hearing. f. The Director of the Division of Smart Growth, after consultation with the Smart
Growth Ombudsman, may adopt rules and regulations in accordance with the “Administrative
Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ) as appropriate to implement the requirements of this section and to encourage development
in the smart growth areas. g. Nothing in this section shall be construed or implemented in such a way as to modify
any requirement of law that is necessary to retain federal delegation to, or assumption
by, the State of the authority to implement a federal law or program. h. Applications for an expedited permit application review pursuant to subsection
c. of this section shall not be accepted until 120 days following the date of enactment
of P.L.2004, c. 89 ( C.52:27D-10.2 et al.). Applications pending on the date of enactment of P.L.2004, c. 89 (C.52: 27D-10.2 et al.) shall, upon request of the applicant, be processed in the
expedited permit application review program when it becomes effective. A permit application that is the subject of a request under this provision shall
be transferred to the Division of Smart Growth for processing in accordance with P.L.2004, c. 89 ( C.52:27D-10.2 et al.).
Frequently Asked Questions About New Jersey § 13:1d-145
What does New Jersey Statutes § 13:1d-145 cover?
Section 13:1d-145 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 13:1d-145?
A common citation format is "New Jersey Statutes § 13:1d-145" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 13:1d-145 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.