Comment Period Now Open For Proposed NJDEP Regulations For Solar, Wind Permits

The NJ Department of Environmental Protection has recently proposed to amend the Coastal Permit Program rules in the following manner:

1.  to add a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land;

2.  add a new permit-by-rule for the construction of solar panels; and

3.  describe the situations in which construction of a wind turbine or solar panel does not require a coastal permit. 

The Department is also proposing amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, to facilitate the construction of wind turbines in the coastal zone in appropriate locations, identify particular areas where construction of large scale wind turbines would not be appropriate, and set forth monitoring, habitat evaluation and impact assessment requirements for birds, bats and marine organisms.  

The Department is also proposing amendments to allow the construction of a demonstration wind energy facility in the ocean waters of the State to assist in assessing the impacts of such a facility.  In addition, the Department is proposing amendments to the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, to add a new permit-by-rule for the construction of wind turbines on land.

A public hearing is scheduled for the rule proposal on Wednesday, October 14, 2009 at 1:00 p.m. at the public hearing room at NJDEP’s offices at 401 East State Street, in Trenton. 

Written comments must be submitted by November 7.

For a link to the rule proposal, click here.