NJDEP Proposed Amendments to Require Electronic Submissions

On August 3, 2020, the New Jersey Department of Environmental Protection (NJDEP) proposed amendments and new rules in the Coastal Zone Management (CZM) Rules, N.J.A.C. 7:7, Freshwater Wetlands Protection Act (FWPA) Rules, N.J.A.C. 7:7A, and Flood Hazard Area Control Act (FHACA) Rules, N.J.A.C. 7:13, to require electronic submission of applications for all general permit authorizations, individual permits, water quality certificates, freshwater wetland transition area waivers, and any flood hazard area verifications that are submitted in conjunction with an application for a general permit authorization, individual permit, or transition area waiver. For the past several years, it has been NJDEP’s initiative to transition permit applications to exclusive online submissions, thereby eliminating virtually all paperwork.

The proposed rules are expected to be adopted as final in September 2021.

Payment of the State application filing fee will be changing. Currently, SCE’s Clients would typically issue paper checks that would be sent to SCE and then included in the paper application submission to NJDEP. The new mandatory online service for approvals will not allow this method of submission.

The new online service will include the following PAYMENT OPTIONS:

• Option 1: Payment at time of online submission by credit card.

• Option 2: Payment at time of online submission by e-check.

• Option 3: At the time of online submission, have the State generate an Invoice that is sent to the applicant (Typically SCE’s Client). This Invoice could be a mailed hard copy or sent via email from the State to the applicant.

Note: The applicant (or applicant’s representative) will have the option to pay the State directly by credit card or e-check. If the applicant chooses to send a paper check by mail to the State, processing could take up to 3-weeks, causing potential delays.

Applications will not be deemed complete and reviewed by NJDEP until proper payment is received.

This Notice is to assist our Clients in understanding the upcoming electronic submission rule change and how it may affect your upcoming projects. Our professionals are available to guide our Clients through this new rule and properly prepare for this change to avoid delays in application review and permit approvals.