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

Rule Amendments On September 8, 2009, the DEP published in the NJ Register a proposal to amend the Coastal Permit Program rules: 1. add a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land; 2. 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.

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.

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

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.

Tier wind turbines< 200 ft. tall and < 2000 sq. ft. cumulative rotor swept area Permit type *Permit evaluationMonitoring  Permit-by-rule No submission to Department required.  Standards include setbacks, areas off-limits, no lattice or guy wires >100’ tall, lighting restrictions.  Pre- construction surveys: None.  Post- construction surveys: None. *Where standards for a permit-by-rule are not met, applicant may qualify for a general permit or apply for an individual permit.

Tier wind turbines< 200 ft. tall and sq. ft. cumulative rotor swept area Permit type*Permit evaluationMonitoring  General permit Application for general permit demonstrating compliance with standards. Include setbacks, areas off-limits, E&T and Critical Wildlife habitat rule compliance, no lattice or guy wires >100’ tall, lighting restrictions. Through permit condition, can curtail operations in certain specified conditions that pose a high bird or bat mortality threat. Pre-construction surveys: None. Post-construction surveys: One year bird and bat carcass search for first 15 projects constructed. *Where standards for a general permit are not met, applicant may apply for an individual permit.

Tier 3 Turbines < 250 ft. tall and ≤ 20,000 sq. ft. cumulative rotor swept area Permit typePermit evaluationMonitoring  General permit. Not in or w/in ¼ mile of mapped areas due to operational impacts on wildlife. Include setbacks, areas off-limits, no lattice or guy wires >100’ tall, lighting restrictions Through permit condition, can curtail operations in certain specified conditions that pose a high bird or bat mortality threat. Pre-construction Surveys: None. Post-construction Surveys: One year bird and bat carcass search *Where standards for a general permit are not met, applicant may apply for an individual permit.

Tier 4 Turbines ≥ 250 ft. tall or > 20,000 sq. ft. cumulative rotor swept area Permit typePermit evaluationMonitoring  Individual permit. Not in mapped areas due to operational impacts on wildlife. Applicable CZM rules. No lattice or guy wires >100’ tall Pre-construction surveys: 1 year Pre-construction Post-construction surveys: 2 years Post-construction

Additional rule amendments Amend Atlantic City rule to allow turbines ≤ 200’ tall on piers Amend Energy use rule to reduce setback from the water for wind from 500’ to 50’. Amend High rise structures rule so as not to apply to wind turbines Amend Scenic resources and design rule to delete setback requirement for wind turbines

Web Address or Rule Proposal Technical Manual for Evaluating Wildlife Impacts Large Scale Wind Turbine Siting Map Report Link to Large Scale Wind Turbine Siting Map data

Comments? Public Hearing Wednesday, October 14, 2009 at 1 P.M. New Jersey Department Of Environmental Protection Public Hearing Room 401 East State Street Trenton, NJ Submit written comments by November 7, 2009 to: Gary J. Brower, Esq. Office of Legal Affairs Attn: DEP Docket Number /734 NJ Department of Environmental Protection 401 East State Street, Floor 4 P.O. Box 402 Trenton, NJ For pre-application meetings and other permitting issues, please contact the Division of Land Use Regulation Tech Center at