N.J. Admin. Code § 7:13-10.2 - Duration of an individual permit
(a) An individual
permit for any regulated activity other than those identified at (b) below is
valid for five years from the date of issuance, and may be extended one time
for five years pursuant to
N.J.A.C.
7:13-22.3.
(b) An individual permit for a linear
activity or project that is greater than 10 miles in length, a flood control
project, or a quarry or mining operation is valid for 10 years from the date of
issuance, and shall not be extended.
(c) All regulated activities authorized by an
individual permit shall immediately cease if the permit expires, including any
extension thereof under
N.J.A.C.
7:13-22.3. If a person intends to commence or
continue regulated activities that had been authorized under an individual
permit that has expired, the person shall obtain a new individual permit under
this chapter authorizing the regulated activities.
1. If no regulated activities have occurred
prior to the expiration of the individual permit, the Department shall issue a
new individual permit only if the project is revised where necessary to comply
with the requirements of this chapter in effect when the application for the
new individual permit is declared complete for review.
2. If any regulated activities have occurred
prior to the expiration of the individual permit, the Department shall issue a
new individual permit only if the project is revised where feasible to comply
with the requirements of this chapter in effect when the application for the
new individual permit is declared complete for review. In determining the
feasibility of compliance with the requirements in effect at the time the
application is declared complete for review, the Department shall consider the
amount of construction that has been completed prior to the expiration of the
original individual permit, the amount of reasonable financial investment that
has been made in the original design consistent with the requirements
applicable under the original individual permit, and whether continuing
construction as approved under the original individual permit would have an
adverse impact on flooding or the environment.
Notes
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