Statutes, codes, and regulations
New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTIONChapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES
Subchapter 10 - FEES
Section 7:38-10.2 - Fee tables

N.J. Admin. Code § 7:38-10.2

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Current through Register Vol. 56, No. 19, October 7, 2024
Section 7:38-10.2 - Fee tables
(a) The fee for a pre-application meeting, pursuant to N.J.A.C. 7:38-8, shall be $ 500.00, except that there is no fee required for the New Jersey Department of Transportation.
(b) The application fee for Highlands Applicability Determinations (including exemptions) shall be:
1. $ 100.00 for individual applicants proposing development costing $ 100,000 or less;
2. $ 100.00 for municipalities;
3. $ 100.00 for applicants seeking a determination for any of the activities contained at N.J.A.C. 7:38-2.4(b);
4. No fee for applications submitted by the New Jersey Department of Transportation; and
5. $ 750.00 for all applicants who do not meet the requirements in (b)1 through 4 above.
(c) The fee for the review of an HRAD pursuant to N.J.A.C. 7:38-4shall be:
1. For a footprint of disturbance under N.J.A.C. 7:38-4.1(c)1, $ 500.00 plus $ 50.00 per acre for the entire site;
2. For a boundary delineation under N.J.A.C. 7:38-4.1(c)2, $ 500.00;
3. For a boundary verification under N.J.A.C. 7:38-4.1(c)3, $ 750.00 plus $ 100.00 per acre for the entire site.
(d) The fee for an HPAA pursuant to N.J.A.C. 7:38-6shall be:
1. For projects with a completed HRAD, $ 2,500 plus $ 50.00 per acre, or any fraction thereof, of Highlands resource areas to be affected;
2. For projects without a completed HRAD, the fee is $ 3,250 plus $ 100.00 per acre, or any fraction thereof for the entire property.
(e) In addition to the fee in (d) above, the fee for a Highlands Preservation Area Approval that requires a stormwater review in accordance with N.J.A.C. 7:38-6.1(d) shall be:
1. For all projects requiring review of stormwater calculations: $ 2,000;
2. Additional fee for the review of groundwater recharge calculations, pursuant to N.J.A.C. 7:8-5.4(b)1, per land area disturbed by the project:
i. Less than three acres: $ 500.00;
ii. Three to 10 acres: $ 1,000;
iii. More than 10 to 100 acres: $ 2,000;
iv. More than 100 acres: $ 4,000;
3. Additional fee for the review of runoff quantity calculations, pursuant to N.J.A.C. 7:8-5.6(b), per land area disturbed by the project:
i. Less than three acres: $ 500.00;
ii. Three to 10 acres: $ 1,000;
iii. More than 10 to 100 acres: $ 2,000;
iv. More than 100 acres: $ 4,000; and
4. Additional fee for the review of water quality calculations, pursuant to N.J.A.C. 7:8-5.5, per area of added impervious surface (including any previously-unconnected impervious surfaces that are proposed to be connected):
i. Less than one acre: $ 500.00;
ii. One to three acres: $ 1,000;
iii. More than three to 10 acres: $ 2,000;
iv. More than 10 acres: $ 4,000;
(f) In addition to the fee in (d) above, the fee for a Highlands Preservation Area Approval that includes disturbance within the areas regulated under the Flood Hazard Area Control Act rules (N.J.A.C. 7:13) shall be calculated in accordance with the stream encroachment fee table at N.J.A.C. 7:1C-1.5(a)4.
(g) In addition to the fee at (d) above, the fee for an HPAA that includes a water supply review shall be:
1. For any person with the capability to, but who does not, divert more than 50,000 gallons per day, an initial registration fee of $ 400.00; each person who holds a valid water use registration shall pay an annual fee of $ 200.00;
2. For any person who applies for a new permit or a major modification of an existing permit, the applicable initial or modification fee based on the class of the allocation listed below. An applicant for a permit shall be placed in the appropriate class based on the total amount of the approved monthly allocation, and a 31-day month:

Initial Application, Major Modification, and Annual (water purveyor, remediation activity, or allocation less than or equal to 50 percent Consumptive Use) Permit Fee Classes

i.Class 1:1.55 million gallons per month (mgm) to less than
15.5 mgm;
ii.Class 2:15.5 mgm to less than 31.0 mgm;
iii.Class 3:31.0 mgm to less than 62.0 mgm;
iv.Class 4:62.0 mgm to less than 155 mgm;
v.Class 5:155.0 mgm to less than 310.0 mgm; and
vi.Class 6:310.0 mgm and above.

Annual (Non purveyor allocation >50 percent Non-potable and >50 percent Consumptive) permit fee

i.Class 1C:1.55 mgm to less than 6.2 mgm;
ii.Class 2C:6.2 mgm to less than 9.3 mgm;
iii.Class 3C:9.3 mgm to less than 12.4 mgm;
iv.Class 4C:12.4 mgm to less than 15.5 mgm;
v.Class 5C:15.5 mgm to less than 18.6 mgm; and
vi.Class 6C:18.6 mgm and above;

3. For the purpose of assessing the fees, the following shall apply:
i. If any groundwater diversion in excess of 1.55 million gallons per month is included in a permit, the initial application or major modification fee for the permit shall be computed using the groundwater schedule set forth in at (d)3vi below, accounting for the total monthly allocation from all sources within the scope of the permit. Except as provided in (d)3iii below, the annual fee shall be computed using the groundwater schedule set forth in (d)3vii below.
ii. A diversion from a pond fed primarily by groundwater is considered a groundwater diversion.
iii. For a non-purveyor allocation, of which more than 50 percent is approved for non-potable purposes and of which more than 50 percent is a consumptive use, the annual fee for the permit shall be based upon the source of the largest component of the monthly allocation, accounting for the total allocation from all sources within the scope of the permit, and computed using the fee schedule set forth below at (d)3viii.
iv. The applicant shall pay in full, upon issuance of the permit, any hearing costs. If the application has been withdrawn after the public hearing or if the application is denied, the hearing costs shall be paid by the applicant on or before the specified due date of the invoice.
v. The successful applicant shall refer to N.J.A.C. 7:19-3for annual fee requirements.
vi. Initial application and permit modification fees in dollars ($):

Class 1Class 2Class 3Class 4Class 5Class 6
(1)Surface water5,7456,4708,34514,38515,71517,050
diversions
(2)Ground water7,1908,07010,42517,98019,58520,915
diversions
(3)Ground and3,4304,5905,7456,9057,9709,040
surface water
diversions in
which waters are
returned
undiminished to
the source
(4)De-watering6,9856,9856,98517,85017,85017,850
diversions

vii. Annual fees ($) for water purveyor, remediation activity, or allocation less than or equal to 50 percent consumptive:

Class 1Class 2 Class 3 Class 4Class 5Class 6
(1)Surface water2,7703,2455,5609,58512,25014,915
diversions
(2)Ground water3,7254,3056,94511,99014,65517,320
diversions
(3)Ground and1,2151,9903,8304,6055,3806,145
surface water
diversions in
which waters are
returned
undiminished to
the source
(4)De-watering3,6203,6203,62011,90011,90011,900
diversions

viii. Annual fees ($) (non-purveyor allocation greater than 50 percent non-potable and >50 percent consumptive use):

Class 1CClass 2CClass 3CClass 4CClass 5CClass 6C
(1)Surface water
diversions
(A)Storm water3,3003,6303,9954,3954,8305,315
capture
(B)Stream,3,9604,3554,7905,2705,7956,375
high-flow
skimming
(C)Direct8,4209,26510,19011,21012,33013,565
surface water
(2)Ground water
diversions
(A)Unconfined/semi-confined8,4209,26510,19011,21012,33013,565
aquifer
(B)Confined aquifer10,10511,11512,22513,45014,79516,275

(3) In addition to the annual fees applicable for Class 6C in (d)3viii(1) and (2) above, an additional consumption fee of $ 2,500 for each 3.1 mgm increment in allocation over 18.6 mgm shall be charged; however, in no case shall the annual fee for any one permit in Class 6C exceed $ 35,000.
(h) In addition to the fee at (d) above, the fee for an HPAA that includes a waiver in accordance with N.J.A.C. 7:38-6shall be:
1. For a waiver in accordance with N.J.A.C. 7:38-6.6:
i. For a brownfield designation, $ 500.00;
ii. For a waiver for redevelopment, $ 250.00;
2. For a waiver in accordance with N.J.A.C. 7:38-6.7 and 6.9, $ 500.00;
3. For a review of taking without just compensation in accordance with N.J.A.C. 7:38-6.8, $ 2,000; and
4. For a Water Quality Management Plan amendment, $ 1,000.
(i) The application fee for Highlands general permits shall be as follows:
1. No fee for Highlands general permit 1 at N.J.A.C. 7:38-14.1; and
2. $ 500.00 for Highlands general permit 2 at N.J.A.C. 7:38-14.2.
(j) To renew an HRAD, the fee shall be 25 percent of the original fee or $ 250.00 whichever is larger.
(k) To renew an HPAA, the fee shall be $ 1,000.

N.J. Admin. Code § 7:38-10.2

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (b)3, substituted "for any of the activities contained at N.J.A.C. 7:38-2.4(b)" for "based upon receipt of a woodland or forest management plan, or an agricultural or horticultural activity in accordance with N.J.A.C. 7:38-2.3(a)7 and 2.2(b), respectively"; in (d)1, inserted ", of Highlands resource areas to be affected"; in (f), inserted "calculated in accordance with the stream encroachment fee table at N.J.A.C. 7:1C-1.5(a)4." and deleted a colon at the end; deleted (f)1 through (f)3; in (g), substituted "an HPAA" for "a Highlands Preservation Area Approval"; in (h), substituted "an HPAA" for "a Highlands preservation area approval"; rewrote (h)1; added new (h)2; recodified former (h)2 and (h)3 as (h)3 and (h)4; added new (i); and recodified former (i) and (j) as (j) and (k).
Amended by R.2020 d.003, effective 3/2/2020 (operative March 2, 2021).
See: 50 N.J.R. 2375(a), 52 N.J.R. 402(a).
In (e)2 and (e)3, updated the N.J.A.C. references.