Environmental Permitting & Approval Timelines
This can be a difficult, frustrating, and time-consuming process, because New Jersey is no milquetoast when it comes to permitting. Further, it may or may not end with securing a successful approval. Of course, the NJDEP comes to mind, but there are certainly other bureaucratic agencies legislated to review and approve (or deny) your project, or at least have it revised to conform to their standards.
First and foremost is the municipal level approval. This could range from a simple tree removal permit directly from the municipal clerk, to merely an engineering review for a retaining wall, to a zoning application, or to a full-blown presentation to the appropriate land use board, with multiple hearing sessions. In the instance of the latter, usually municipalities have sub-committees which also review the project, for example their Environmental Commission. And of course, unless your project is defined as “minor repairs,” ultimately you will need a building construction permit once you are granted Board approval.
Second only to municipal permits, NJDEP permitting is the most pervasive, with the FHA (Flood Hazard Area) and FWW (Freshwater Wetlands) being the most common. There are 3 tiers of approval scenarios – “Permit-by-Rule” (which contain minimal potential for environmental impact), a General Permit (limited minor impacts, but with stipulations which the project must meet for that type of General Permit requested), and an Individual Permit (substantial impacts, and a complicated and time-consuming design and permit process). There are numerous other DEP permits lurking out there, but we will keep it focused on what a typical home owner might be faced with.
Specifically regarding septic systems, approval is through either the municipal health department, or in the case with Sussex County, through the County health department. In some cases, and NJDEP Treatment Works Approval (TWA) is required. Reasons this would be necessary are for those systems that propose exceeding 2000 gallons per day, or contain a commercial kitchen, or are not designed with the standard gravity system, to name a few.
Less common review and approval comes from the NJDOT, most of the time for a driveway access permit (MT32) to a State road (this is also true for County roads at the county level). Another agency commonly having oversight is the local Soil Conservation District. If your project proposes more than 5000 SF of ground disturbance, or creates more than ¼ acre of additional impervious area, then a Soil Erosion & Sediment Control permit kicks in. Incidentally, those thresholds are identical to the requirements which generate what’s known as a “major development” in the context of stormwater management, and thus require more stringent design criteria.
Some uncommon permitting agencies that might crop up in northern New Jersey may include the New Jersey Highlands Council, Delaware & Raritan Canal Commission, Meadowlands Commission, Coastal & Waterfront Development, and/or the SHPO (State Historic Preservation Office).
Lastly, Lake Hopatcong, Lake Musconetcong, and Cranberry Lake all fall under the oversight of the NJDEP Division of Parks & Forestry. This specifically applies to Category II repairs such as new docks, new boathouses, expansions of same, and pilings. Bulkheads and dredging still fall under the egis of NJDEP LJURP.
Of course all of these permits require application fees, engineered plans, and design calculations. For a typical single lot home construction, you should realistically allow yourself the following timeframe to obtain successful permitting. These are merely ballparks; obviously issues too numerous to mention can delay a project.
• Survey/Field Work/Engineering Design – One month minimum from notice to proceed. Could be longer if soil logs are required for a septic design.
• Client Input/Revisions – this could be several iterations (along with the architect), so assume another month to perform the changes and get the completed application to the municipality.
• Municipal Application Review – Once the submittal is deemed complete, expect another month for review, depending on the complexity. Often overlooked is that most towns require you to put up an escrow fee, which in turn covers the cost of review by the municipal engineer or other assigned professionals. An Environmental Assessment / Impact Statement is usually not required, but if so, tack on another 1-2 months for preparation and review by the appropriate agency.
• Zoning Board of Adjustment / Planning Board – Allow 3 months depending on being deemed complete and performing the public notifications, the actual number of hearings, the rounds of revisions, and the frequency of the Board meetings and how packed the schedule is. It deserves to be said that during the review process, and based on the technical review comments from the municipal professionals (Planner, Engineer, and possibly the Board Attorney), minor and/or major revisions may become necessary before the project plans are deemed complete. If there is more than one hearing, revisions are usually needed, and require further time and expense by the engineer as well. For this reason, revisions and meeting attendance can account for a significant cost of the total project approval process.
• NJDEP Permits: 20 days to complete Administrative Review. If pushed into the public comment DEP Bulletin, there is a 30 day period before any action can be taken or the review clock begins. After which, it is typically 90 days and 45 days for FWW and FHA, respectively. Keep in mind, the DEP can also ask for a 30 day extension, which is not uncommon.
• NJDEP Parks & Forestry: 45 days to issue a permit for construction, upon which the applicant can then obtain the permit from the local building department.
• Septics: Local Health Boards – No statutory timeframe, but usually a two-three week turnaround. For TWA approval – 30 days upon a complete submittal, but only after review and endorsement at the local level.
• NJDOT: MT-32 (residential driveway access) – 35 Days
• NJ Highlands: 90 days for Preservation Area approval
• Construction Permits – 20 business days. Keep in mind, on the evening you are “approved” by the land-use board, technically you aren’t approved until the following meeting when a resolution is passed. This is when the building department begins to move on approving your permit, assuming it is deemed complete. Statutorily, they have 7 days to act on a resubmission, based on a request for more information.
As you can see, permits and the approval process take a long time, cost more money than you think it should, create revisions resulting in the loss of both time & money and therefore add up to one big frustrating headache. Spread the pain - call BLSH&E today!