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An application-review “blitz” and other operational improvements have led to a 42% reduction in the backlog of applications for Freshwater Wetland Letters of Interpretation since the start of the Sherrill administration in January, the Department of Environmental Protection reports. 

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 Sherrill administration to 638 as of June 18, the DEP reported Wednesday. 

The effort is supported by DEP’s Operation FAST (Facilitated Approvals for Sustainable Transformation), an initiative to make the DEP more responsive to the public while continuing to implement the state’s high standards for environmental protection and public health. 

Through Operation FAST, the DEP is implementing efficiencies that fulfill Gov. Mikie Sherrill’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. 

“The Sherrill administration is laser-focused on its mission to make New Jersey more affordable and government more efficient,” Department of Environmental Protection 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.” 

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,” she said. “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.”