Permit By Rule (NRPA)

The Land Bureau has developed an online licensing system which is applicable for all Land Licenses except Mining and Hydropower. Access the licensing system MELS Hub.

Chapters 305 and 310 rule changes webinar (YouTube): Learn about recently adopted changes to the Department’s Chapter 305 NRPA Permit by Rule Standards and Chapter 310 Wetlands and Waterbodies Protection rules pertaining to shoreline stabilization and other activities.

Quick Links

Permit-by-Rule regulations (Chapter 305) apply to certain activities covered under the Natural Resources Protection Act (NRPA). The regulations identify activities taking place in or adjacent to protected natural resources that should not significantly affect the environment if carried out according to the standards contained in the regulations. A person proposing to do work that qualifies for Permit-by-Rule (PBR) is required to file notice with the Department of Environmental Protection (DEP) instead of preparing an individual permit application.

Please note the following recent updates to the NRPA PBR application process:

  • Public notice must be mailed to abutters and the municipal office.
  • The PBR processing time is 20 working days from the date of submission.
  • Some coastal shoreline stabilization projects are now eligible for PBR (please see Section 8).

Activities eligible for Permit-by-Rule

The following activities may be eligible for Permit By Rule. Projects must meet applicability, submission, and standards specific to each section.

 

Determine which section(s) may apply to your project:

NRPA Permit By Rule Sections

Chapter 305 Permit By Rule (All Sections)

1. (Introduction, Notification, Effective Period, Enforcement)

2. Activities Adjacent to Protected Natural Resources

3. Intake pipes & water monitoring devices

4. Replacement of structures

5. (REPEALED)

6. Movement of rocks or vegetation

7. Outfall pipes

8. Shoreline stabilization

8A. Increasing the Height of a Vertical Seawall or Retaining Wall in a Coastal Wetland

9. Crossings (utility lines, pipes and cables)

10. Stream crossings (bridges, culverts and fords)

11. State Transportation Facilities

12. Restoration of natural areas

13. Habitat creation or enhancement and water quality improvement activities

14. (REPEALED)

15. Public boat ramps

16. Activities in coastal sand dunes

16-A. Beach Nourishment and dune restoration or construction activities in coastal sand dunes

17. Transfers and permit extensions

18. Maintenance dredging permit renewal

19. Activities in, on or over significant vernal pool habitat

20. Activities located in, on or over high or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas

 

How to Submit a PBR Notification to DEP

STEP 1

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 DETERMINE APPLICABLE
PERMIT-BY-RULE SECTION(S)		 Permit-by-Rule regulations (Chapter 305) apply to certain activities covered under the Natural Resources Protection Act (NRPA). Find the section for your type of proposed activity in the Chapter 305 standards above.

STEP 2

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 REVIEW CHAPTER 305
SECTION STANDARDS		 For each section selected, read Applicability that describes in further detail which activities are included and where they are allowed. Read and comply with all the standards contained in the section.

STEP 3

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 COLLECT SUBMISSION DOCUMENTS, LOG INTO, APPLY, AND PAY IN MELS

STEP 4

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THE PBR IS EFFECTIVE AFTER 20 WORKING DAYS UNLESS OTHERWISE NOTIFIED BY THE DEPARTMENT The PBR becomes effective 20 working days from the date the Department receives the full submission (email notification and fee), unless the Department approves or denies the PBR prior to that date

NOTE: The PBR becomes effective 20 working days from the date the Department receives the full submission, unless otherwise notified by the Department.

  • Submissions after 5:00 pm or on a weekend/holiday will deemed received the next business day.
  • Electronic payment is preferred, however, if you must pay by check, then you may assume the Department received a check sent by mail three days after the date it was mailed.
  • Work may begin once the PBR is effective, unless an additional DEP permit is required.

Natural Resources Protection Act web page
Fee Schedule
Online & In-person Training

How to Submit a PBR Notification through MELS

The Department now requires electronic submission of PBR notifications through the MELS Hub.