New Jersey § 13:9b-8

§ 13:9b-8.

a. A person proposing to engage in a regulated activity in a freshwater wetland or

in an activity which requires a transition area waiver may, prior to applying for

a freshwater wetlands permit or transition area waiver, request from the department

a letter of interpretation to establish that the site of the proposed activity is

located in a freshwater wetland or transition area. b. Within 20 days after receipt of a request for a letter of interpretation, the department

may require the submission of any additional information necessary to issue the letter

of interpretation. c. If no additional information is required, the department shall issue a letter of

interpretation within 30 days after receiving the request. d. If additional information is required the department shall issue a letter of interpretation

within 45 days after receipt of the information. e. The department may require an applicant for a letter of interpretation to perform

and submit to the department an onsite inspection to determine or verify the general

location of the freshwater wetland boundary and the applicable transition area. This inspection shall be subject to approval and verification by the department. If the department determines that onsite inspection by the department is necessary,

the department shall make the inspection. If an onsite inspection is required by the department the time specified in this

section for issuance of the letter of interpretation shall be extended by 45 days. f. If a person requesting the letter has not made a reasonable good faith effort to

provide the department with information sufficient to make a determination, the department

shall issue a letter of interpretation requiring the application for a freshwater

wetlands permit or transition area waiver. g. A person applying for a letter of interpretation may also submit a report of an

onsite freshwater wetlands delineation and receive within the time specified in this

section a letter of interpretation verifying the actual freshwater wetlands and transition

area boundaries. h. The department may charge a fee not to exceed the costs for reviewing the information

submitted, conducting onsite inspections pursuant to subsection e. of this section,

and for issuing a letter of interpretation. i. Any person who requests a letter of interpretation pursuant to the provisions of

this act and does not receive a response from the department within the deadlines

imposed in this section shall not be entitled to assume that the site of the proposed

activity which was the subject of the request for a letter of interpretation is not

in a freshwater wetland. A person who receives a letter of interpretation pursuant to this section shall

be entitled to rely on the determination of the department, except as provided in

subsection j. of this section. j. The department shall transmit to the United States Environmental Protection Agency

a copy of any letter of interpretation determining that the site of a proposed regulated

activity is not in a freshwater wetland. Any letter of interpretation which determines that the site of a proposed regulated

activity is not in a freshwater wetlands shall be subject to review, modification,

or revocation by the United States Environmental Protection Agency. k. The department shall publish in the bulletin of the department a list indicating

the status of each application for a permit submitted to the department pursuant to

the provisions of this act.