Through the implementation of an application-review “blitz” and other operational efficiency improvements, the New Jersey Department of Environmental Protection today announced that it has reduced the backlog of applications for Freshwater Wetland Letters of Interpretation by 42 percent since the outset of the Sherrill Administration.
A letter of interpretation (LOI) is a key document issued by the DEP prior to the initiation of a development project that indicates the presence or absence of freshwater wetlands and their transition areas, or buffers. Efficient processing of LOIs provides applicants with certainty and minimizes stranded costs that can impact job creation, economic growth and community ratables associated with development projects.
The DEP’s Watershed and Land Management Program has reduced the backlog from 1,102 at the start of the Administration to 638 as of June 18.
The effort is supported by DEP’s Operation FAST (Facilitated Approvals for Sustainable Transformation), a comprehensive effort to make the DEP more responsive to the public while continuing to implement the state’s high standards for protection of the environment and public health.
“The Sherrill Administration is laser-focused on its mission to make New Jersey more affordable and government more efficient,” Department of Environmental Protection Acting Commissioner Ed Potosnak said. “While there is more work to do to eliminate the backlog completely, in the coming months these efforts will dramatically reduce the average amount of time it takes to process this important determination. This would not be possible without the hard work from the dedicated professionals at the DEP.”
LOIs and Wetlands Protection
The Watershed and Land Management program is the arm of the DEP that oversees environmental permitting and compliance and enforcement functions pursuant to the Freshwater Wetlands Protection Act Rules, Coastal Zone Management Rules, Flood Hazard Area Control Act Rules, and Highlands Water Protection and Planning Act Rules.
Over the last year, the program has received 5,500 applications for permits and jurisdictional determinations. Of these, some 730 were applications for LOIs, which is the first step in determining the applicability of freshwater wetland regulations.
The issuance of an LOI is based on careful scientific evaluations of a site’s hydrology, soil, and plant communities. The LOI helps potential purchasers and developers determine how much of a site is subject to freshwater wetland regulation requirements before they apply for a permit.
Due to several factors, LOI application reviews were not keeping up with the rate of LOI application submissions. DEP reviews became backlogged, with an average processing time of one year. To reduce the backlog, the Watershed and Land Management program realigned staff and reallocated workload to undertake a short-term “blitz” on LOI reviews.
“The DEP has been able to achieve this significant backlog reduction without compromising the quality of our review process,” said DEP Assistant Commissioner for Watershed and Land Management Jennifer Moriarty. “We are continuing our reviews of pending LOIs to eliminate the backlog. Through the blitz, we have identified a number of pending applications that require more information from applicants in order to conclude our review. We encourage those applicants to provide the needed information or withdraw the application as soon as they can.”
About Operation Fast
Through Operation FAST, the DEP is implementing concrete, achievable efficiencies that fulfill the Governor’s pledge for more effective government through the Administration’s “Saving You Time & Money Agenda” and her executive orders addressing the state’s affordability crisis.
Operation FAST directly supports Executive Orders 2 and 5 to reduce costs and delays for residents and businesses in New Jersey by bringing greater accountability and transparency to the State’s permitting and regulatory processes.
Through Operation FAST, the DEP is committed to:
- Supercharging the Office of Permitting & Project Navigation to ensure early coordinated consultations on priority projects speed up review times
- Aligning key permitting programs to leverage cross-program collaborations
- Recruiting and training new staff across permitting programs to advance efficiency
- Supplementing technical staff capacity to accomplish targeted reviews to reduce backlogs
- Streamlining review procedures to support faster decisions
- Modernizing technology for automated submissions and upgrading dashboard systems for online e-Permitting
- Implementing robust and expedited coordination for energy projects through a FAST Team coordinated by OPPN for energy projects to lower costs and help meet electricity generation shortfalls
- Increasing staff, improving culture and upgrading IT infrastructure
As it implements Operation FAST, the DEP is committed to working with the public and all stakeholders to better understand the barriers they face, develop solutions and explore innovative opportunities for improvement while protecting public health, safety, and natural resources.
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