NJDEP Land Use Regulation Program

The Land Use Regulation Program (LURP) plays an important role in the state's environmental protection strategy for managing the land. Therefore, LURP's main task is reviewing applications for permits to build or develop on environmentally sensitive lands. The two programs that Avila Engineering provides services for are:

• Freshwater Wetlands
• Stream Encroachment/Flood Plain

Freshwater Wetlands:
New Jersey protects wetlands under the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B. This law also protects transition areas or "buffers" around freshwater wetlands. These buffers can be assigned widths ranging from 0 feet to 150 feet and in some cases even greater depending on the resource value assigned to the wetlands and proximity to threatened or endangered species. Properties containing wetlands are not always excluded from development, but their development is limited. However, to maximize the property's limited use the NJDEP allows the applicant to apply, with justification, for General Permits (GP), Individual Permits (IP), Transition Area Waivers (TAW) and for a Letter of Interpretation (LOI), so that development in environmentally sensitive areas is better managed and any adverse impact to the environment is reduced. The Letter of Interpretation (LOI) is issued by the State approving the wetlands line delineated on the property, which is effective for the duration of a 5-year period.

To assist the NJDEP in reviewing the application, an environmental report along with a Wetlands Delineation Plan is prepared depicting the wetlands line and associated buffers along with those areas where an IP, GP or TAW is being requested. GP's are granted for minor activities such are driveway crossings, repairs of structures, utility line installation, etc. IP's, however; are granted under limited circumstances when an activity is not eligible for a GP. Such permits require extensive and exhaustive alternative engineering analysis. A TAW allows for diminishing the buffer area in one area while enlarging it in another area by an equal or greater size of the diminished area.

Stream Encroachment/Flood Plain:
New Jersey regulates construction in the flood plain under the Flood Hazard Area Control Act, N.I.S.A. 58:16A-50 et seq., and its implementing rules at N.J.A.C. 7:13. The regulated flood plain is the area adjacent to a stream, lake or pond, which is covered by floodwater during the 100-year storm frequency or the "100-year storm".

Development is regulated in the flood plain to minimize loss of property and life as well as to protect other properties downstream from flood damage. Development in the floodplain will require stream encroachment permits, and it will be determined whether an activity can be considered minor or major through the use of the State's checklist. Similar to the Wetlands Delineation Plan, a Stream Encroachment Plan along with supporting engineering calculations are prepared for review by the NJDEP.