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Proposed Amendments for Terrestrial Wind Regulation in the New Jersey Coastal Zone

Rule Amendments. On September 8, 2009, the DEP published in the NJ Register a proposal to amend the Coastal Permit Program rules:add a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land;describes the situations in which construction of a wind turbi

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Proposed Amendments for Terrestrial Wind Regulation in the New Jersey Coastal Zone

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    1. Proposed Amendments for Terrestrial Wind Regulation in the New Jersey Coastal Zone Kevin Hassell Coastal Management Office NJDEP

    2. Rule Amendments On September 8, 2009, the DEP published in the NJ Register a proposal to amend the Coastal Permit Program rules: add a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land; describes the situations in which construction of a wind turbine 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 and bats. 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.

    3. Initial Stakeholder Meeting The New Jersey Department of Environmental Protection (NJDEP) conducted a stakeholder meeting on Thursday, December 11, 2008, 2:00 pm - 4:00 pm in the Public Hearing Room. The meeting focused on gathering information and concerns about natural resource considerations from stakeholders regarding the development of terrestrial wind turbines in New Jersey, with a focus on the coastal area, and a general overview of the Department’s activities in this regard.

    4. Regulate Based on Size Initial proposed size classes Type A Less than 150’ high and 3 turbines or fewer Type B 150’ – 250’ high and less than 20,000 square feet wind swept area Type C Greater than 250’ high

    5. Regulate Based on Size The proposal utilizes a tiered approach, with wind turbine development having the lowest potential impacts qualifying for authorization under a permit-by-rule and the level of Department review increasing as the potential impacts caused by the location, height or construction method of the wind turbine increases.

    6. Tier 1 1-3 wind turbines< 200 ft. tall and < 2000 sq. ft. cumulative rotor swept area

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