The New Jersey Department of Environmental Protection (NJDEP) has temporarily changed its standard public notice language for permits issued pursuant to the Coastal Zone Management Rules, the Freshwater Wetlands Protection Act Rules, and the Flood Hazard Area Control Act Rules.
Previously, on May 8, 2020, NJDEP Commissioner Catherine R. McCabe signed an Administrative Order (2020-06) extending deadlines for public comment on certain permit applications. The goal was to maintain meaningful public engagement during the COVID-19 pandemic. Now, for both individual and general permits (and major modifications thereof) issued under the above-referenced rules, NJDEP has modified the standard public notice language for required notice letters and newspaper notices to ensure notices reflect the temporary emergency conditions created by the pandemic.
The notice language needed to be adjusted not only because of the extended public comment periods in place during the pandemic, but also because the closure of NJDEP and municipal offices has made it difficult to view permit applications for which public comment is sought. The new notice language also states that an electronic copy of an application can be obtained via an Open Public Records Act (OPRA) request.
The specific notice language to be used has apparently not yet been posted on the NJDEP website, but can be obtained by contacting Ryan Benson (rbenson@connellfoley.com).
