NJDEP Permits

Floodplain, coastal and wetland development are all regulated by the NJ Department of Environmental Protection (NJDEP) Bureau of Watershed and Land Management. Middletown’s Floodplain Manager will assist in identifying likely NJDEP permits needed, but it is the responsibility of the applicant to contact NJDEP to verify, apply for, and receive all proper permits prior to the start of the project. A full list of floodplain relevant NJDEP permits can be viewed here and information is listed below.

What kind of Flood Hazard Area (FHA) permits does DEP issue?

  • Permits-by-registration, cover certain activities that are minor in scope with little or no impact on flooding and the environment. Prior to undertaking an activity authorized by a permit-by-registration, the owner of the site or a designated agent such as the person performing the work must register online with NJDEP at https://dep.nj.gov/online/.  Once the online registration process is successfully completed, documentation of the registration will be accessible to the applicant through NJDEP's online system, and must be included with your Middletown Floodplain/Building application.
  • General Permits-by-registration, are instant, online authorizations available for certain regulated activities that are more complex than activities that are eligible for a permit-by-registration and therefore require authorization through NJDEP's electronic permitting system at https://dep.nj.gov/online/ before they can be undertaken. However, like permits-by-registration, they include specific limitations, which allow the automated issuance of an approval or rejection. To start the process of applying for authorization under a general permit-by-certification, an applicant must first create a MyNewJersey account at https://www.nj.gov/. Then, access must be requested to the online permitting portal at http://nj.gov/dep/online where that account will need to be linked to the NJDEP Online Site. As part of the registration process, the applicant will need to obtain a certification PIN, which will be used for certifying all applications submitted through the NJDEP Online Site.  Once the application process is successfully completed, the authorization will be accessible to the applicant through the online permitting system and must be included with your Middletown Floodplain/Building application. 
  • General permits, NJDEP staff review the proposed activity to ensure that the activity meets the requirements of the specific general permit under which authorization is sought. The applicant is also required to perform public notice as part of a General Permit and a full notice package must be sent to the Middletown Clerk's Office. NJDEP provides application checklists for each type of general permit application on its website at https://dep.nj.gov/wlm/forms/ under the Flood Hazard tab. After an activity is found to comply with a general permit, NJDEP staff issues a written authorization under that permit, which must be included with your Middletown Floodplain/Building application. 
  • Individual permits, are issued for larger construction activities. An application and fee must be submitted to DEP, who will generally visit the site before and after construction to ensure that flooding is not exacerbated and the environment is being protected. NJDEP provides application checklists on its website at https://dep.nj.gov/wlm/forms/. The applicant is also required to perform public notice as part of an Individual Permit and a full notice package must be sent to the Middletown Clerk's Office.
  • Coastal Permits, If a regulated activity located in a flood hazard area or riparian zone requires a CAFRA or waterfront development permit, these permits can be obtained in lieu of a separate flood hazard permit. 

Free Informational Mapping

If you are not sure of the land and environmental conditions on and around your property, NJDEP offers an online GeoWeb to assist. *This mapping is for informational purposes only and does not constitute the presence or absence of wetlands or other environmental features present on or around the project site. 

Applicability Determinations 

If it is unclear whether a particular activity is regulated under the FHA Rules, a person may request a free applicability determination, which is an optional service NJDEP provides to anyone who wants a written determination of whether or not a flood hazard area permit or authorization is necessary. Applicability determinations are recommended when there is uncertainty as to whether an activity is regulated to avoid unintentionally undertaking unauthorized regulated activities and incurring potential liability. Applicability determinations may be obtained for one or more proposed activities, provided the determination does not require NJDEP to undertake a site inspection or review engineering calculation

What does NOT need an NJDEP Permit?

Exempt Activities (pursuant to N.J.A.C. 7:13-2.5(a)) 

1. Normal property maintenance, including the clearing, cutting, and/or removal of riparian zone vegetation, which is necessary to service, maintain, or ensure the continued safe use of a lawfully existing structure, easement, right-of-way, field, lawn, park, and/or garden. 

2. Repair of a lawfully existing structure. 

3. Removal of accumulated sediment and debris from a regulated water by hand. 

4. Removal of a major obstruction from a regulated water with machinery, such as a fallen tree, abandoned vehicle, furniture, and other large debris. 

5. Exploratory site investigation, including general land surveying, the installation of monitoring wells, and geotechnical and archeological investigation, such as undertaking soil borings or excavation for the purpose of obtaining information on subsurface conditions, determining the presence or extent of groundwater or contamination in subsurface, or obtaining seismic information. 

6. Storage of unsecured material. 

7. Placement, storage, or processing of hazardous waste and/or substances, solid waste, or recyclable materials, at a lawfully existing facility. 

8. Continuation of lawfully existing agricultural activities, such as grazing, harvesting, horticulture, irrigation, planting, tilling, viticulture, and watering on land that is actively farmed, and/or the commencement of new agricultural activities on land that is not actively farmed. 

9. Repair, maintenance, and/or dredging of the channel and/or embankments of the Delaware and Raritan Canal. 

10. Placement of one or more utility poles, such as telephone and electric poles, or structures on poles intended to facilitate travel safety along a public roadway or railroad, such as overhead signs, variable message signs, streetlights, and traffic signal equipment. 

11. Milling, repaving, repair, and/or resurfacing of lawfully existing pavement. 

12. The construction, replacement, repair, or removal of any dam that does not serve as a component of a stormwater management basin, as well as any regulated activity performed in association with the removal of a dam that does not serve as a component of a stormwater management basin. 

13. The placement or underground jacking of one or more underground utility lines. 

14. The removal of any lawfully existing fill or structure.