Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:1D-13.1. Unclassified titles 2. a. Notwithstanding any provision of law to the contrary in Title 11A (Civil Service) of the New Jersey Statutes, the following titles in the Department of Environmental Protection shall be assigned or reassigned, within 60 days of the effective …

13:1D-13.2. Reinstatement to classified service 3. a. Any employee of the Department of Environmental Protection in the classified service holding a position on the effective date of this act that has been assigned or reassigned to the State unclassified service pursuant to secti…

13:1D-13.3 Classified and senior executive service 4. a. Within 60 days of the effective date of this act, the Department of Personnel shall, pursuant to N.J.S.11A:3-1, assign or reassign, (1) to the competitive division of the classified service, the following titles in the Depa…

13:1D-130. Voluntary disclosure; nonimposition of penalty 6. Whenever a person responsible for a minor violation designated as such pursuant to section 5 of this act of an environmental law voluntarily discloses to the department or local government agency the existence of that v…

13:1D-131. Violation procedures prior to adopted rules, regulations 7. Prior to the adoption of the rules and regulations prescribed in subsection a. of section 5 of P.L.1995, c.296 (C.13:1D-129), the department or a local governmental agency, upon the identification of a violati…

13:1D-132. Report, contents; recommendations 8. The department shall annually submit to the Governor and the Legislature a report that provides the following information on each regulatory and enforcement program administered pursuant to an environmental law: a. The number of fac…

13:1D-133. Rules, regulations; submission to Legislature 9. Within 180 days of the effective date of this act, the department, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to …

13:1D-134 Findings, declarations relative to development, promotion of energy, environmental technology. 1. The Legislature finds and declares that it is in the public interest to encourage new businesses to locate in the State and assist existing enterprises to remain and expand…

13:1D-135 Definitions relative to development, promotion of energy, environmental technology. 2. For the purposes of this act: "Corporation" means the New Jersey Corporation for Advanced Technology, a not-for-profit membership corporation, incorporated under the "New Jersey Nonpr…

13:1D-136 Performance partnership agreement. 3. a. Pursuant to the performance contract authority established by subsection q. of section 12 of P.L.1970, c.33 (C.13:1D-9), the Department of Environmental Protection shall enter into a performance partnership agreement with the New…

13:1D-137 Reciprocal environmental technology agreements. 4. The department shall enter into reciprocal environmental technology agreements concerning the evaluation and verification protocols used by the corporation and the department between the department, the United States En…

13:1D-138. Rules, regulations adopted by DEP 1. The Department of Environmental Protection, in consultation with the Department of Labor, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations that: a. identify the …

13:1D-139. Regulated universe of business entities 2. a. The generally equivalent universe of employers, entities, establishments, or facilities identified in the rules and regulations adopted by the Department of Environmental Protection pursuant to subsection b. of section 1 of…

13:1D-14. Transfer of records and equipment a. All files, books, papers, records, equipment and other property of any department, division, bureau, board, commission, council or other agency, the functions, powers and duties of which have been herein assigned or transferred to th…

13:1D-140. Regulation prior to operative date 3. Prior to the operative date of the rules and regulations required to be adopted by the Department of Environmental Protection pursuant to section 1 of this act, every business entity, employer, industrial establishment, industrial …

13:1D-141. Temporary regulations 4. Prior to the adoption of rules and regulations pursuant to section 1 of this act and notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Environmental P…

13:1D-144 Definitions relative to smart growth in DEP and expedited permits. 4. As used in sections 5 and 10 of P.L.2004, c.89 (C.13:1D-145 and C.13:1D-146): "Applicant" means any person applying for a permit pursuant to sections 5 or 10 of P.L.2004, c.89 (C.13:1D-145 or C.13:1D-…

13:1D-145 Division of Smart Growth established in DEP. 5. a. There is established in the Department of Environmental Protection a Division of Smart Growth under the direction of a director, who shall be appointed by the Governor and report to the Commissioner of Environmental Pro…

13:1D-146 Additional provisions concerning expedited permit mechanisms. 10. a. In addition to the provisions of subsection c. of section 5, subsection c. of section 7 and subsection c. of section 9 of P.L.2004, c.89 (C.13:1D-145, C.27:1E-2 and C.52:27D-10.6), expedited permit mec…

13:1D-147 Construction of act relative to preservation area of Highlands Region. 19. Nothing in this act shall be construed to apply to, or affect in any way, the preservation area of the Highlands Region as defined pursuant to P.L.2004, c.120 (C.13:20-1 et al.), or the authority…

13:1D-148 "Environmental Stewardship Program." 1. a. The Commissioner of Environmental Protection shall establish a list of businesses, companies, and corporations in the State that are, as determined by the commissioner, environmentally responsible. In making this determination,…

13:1D-149 Study of availability and efficiency of blue and green roofs as stormwater management tools. 1. The Commissioner of Environmental Protection shall periodically study the availability and efficiency of blue roofs and green roofs as stormwater management tools, and make, …

13:1D-15. Orders, rules, regulations This act shall not affect the orders, rules and regulations heretofore made or promulgated by any department, division, bureau, board, commission, council or other agency, the functions, powers and duties of which have been herein assigned or …

13:1D-150 Findings, declarations relative to public access. 1. The Legislature finds and declares that: a. The public has longstanding and inviolable rights under the public trust doctrine to use and enjoy the State's tidal waters and adjacent shorelines for navigation, commerce,…

13:1D-151 Regulations to be consistent with the public trust doctrine. 2. a. The Department of Environmental Protection shall ensure that any approval, permit, administrative order, or consent decree issued, or other action taken, by the department pursuant to the "Coastal Area F…

13:1D-152 On-site public access may be restricted. 3. a. The Department of Environmental Protection shall not adopt any rule or regulation pursuant to the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.), R.S.12:5-3, "The Wetlands Act of 1970," P.L.1970, c.…

13:1D-153 Criteria for departmental approval. 4. a. For any application for a permit or other approval to be issued by the Department of Environmental Protection pursuant to the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.), R.S.12:5-3, "The Wetlands Act…

13:1D-154 Public access to marinas. 5. a. For any application for a permit or other approval to be issued by the Department of Environmental Protection pursuant to the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.), R.S.12:5-3, "The Wetlands Act of 1970,"…

13:1D-155 Reasons for restriction of public access. 6. The Department of Environmental Protection may restrict public access to tidal waters and adjacent shorelines to protect critical habitat areas from injurious uses, or threatened or endangered species or their habitat areas f…

13:1D-156 Rules, regulations. 8. The department may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of P.L.2019, c.81 (C.13:1D-150 et al.). L.2019, c.81, s.8.

13:1D-157 Findings, declarations relative to impact of pollution on overburdened communities. 1. The Legislature finds and declares that all New Jersey residents, regardless of income, race, ethnicity, color, or national origin, have a right to live, work, and recreate in a clean…

13:1D-158 Definitions relative to impact of pollution on overburdened communities. 2. As used in this act: "Department" means the Department of Environmental Protection. "Environmental or public health stressors" means sources of environmental pollution, including, but not limite…

13:1D-159 List of overburdened communities on website. 3. No later than 120 days after the effective date of this act, the department shall publish and maintain on its Internet website a list of overburdened communities in the State. The department shall update the list of overbu…

13:1D-16. Actions and proceedings This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, division, bureau, board, commission, council or other agency, the functions, powers and duties of which have been herein assigned or transf…

13:1D-160 Requirements for permit applicants. 4. a. Beginning immediately upon the adoption of the rules and regulations required pursuant to section 5 of this act, the department shall not consider complete for review any application for a permit for a new facility or for the ex…

13:1D-161 Rules, regulations. 5. a. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations to implement the provisions of this act. b. The department may issue a technical guidance for compliance with…

13:1D-17. Reports and certifications Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required or permitted to be made to a department, division, bureau, board, co…

13:1D-18. References in laws, regulations, contracts, etc.; to other agencies With respect to the functions, powers and duties hereby transferred to the Department of Environmental Protection, whenever in any law, rule, regulation, contract, document, judicial or administrative p…

13:1D-18.1. Use of terms Whenever the term "Division of Natural Resources" or "Director of the Division of Natural Resources" occurs or any reference is made thereto in any law, contract or document, the same shall be deemed to mean or refer to the Division of Marine Services and…

13:1D-18.2. References deemed to refer to Tidelands Resource Council a. Whenever the term "Division of Resource Development" , "Division of Natural Resources" , or "Division of Marine Services" or the terms "Director of the Division of Resource Development" , "Director of the Div…

13:1D-18.3. Office of Recycling a. There is established in the Department of Environmental Protection a New Jersey Office of Recycling. All of the functions, powers and duties heretofore exercised by the Department of Energy and the commissioner thereof pursuant to P.L. 1981, c. …

13:1D-19. Repealer All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, superseded and repealed. L.1970, c. 33, s. 23, eff. April 22, 1970.

13:1D-2. Continuation of functions Except as otherwise provided by this act, all the functions, powers and duties of the existing Department of Conservation and Economic Development and the commissioner thereof are continued in the Department of Environmental Protection as hereby…

13:1D-29. Definitions For the purposes of this act, unless the context clearly requires a different meaning, the following terms shall have the following meanings: a. "Commissioner" means the State Commissioner of Environmental Protection. b. "Construction permit" means and shall…

13:1D-3. Division of marine services; natural resource council a. The Division of Marine Services, together with all of its functions, powers and duties is continued as the Division of Coastal Resources in the Department of Environmental Protection. b. The Natural Resource Counci…

13:1D-30. Application for construction permits; review; request for additional information The department shall promptly review all applications for construction permits. The department shall within 20 working days following the filing of an application for a construction permit,…