njac7_7.pdf

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

N.J.A.C. 7:7

COASTAL ZONE MANAGEMENT RULES

Statutory authority:

N.J.S.A. 13:19-1 et seq.; 12:3-1 et seq., 12:5-3; 13:9A-1 et seq.

Date last amended:

October 5, 2021

For regulatory history and effective dates, see the New Jersey Administrative Code

Table of Contents

SUBCHAPTER 1. GENERAL PROVISIONS ........................................................................................................ 13

7:7-1.1 Purpose ....................................................................................................................................... 13

7:7-1.2 Scope .......................................................................................................................................... 17

7:7-1.3 Review, revision, and expiration ................................................................................................ 19

7:7-1.4 Standards for evaluating permit applications ............................................................................. 19

7:7-1.5 Definitions .................................................................................................................................. 19

7:7-1.6 Forms, checklists, information; Department address and website.............................................. 34

7:7-1.7 Liberal construction .................................................................................................................... 35

7:7-1.8 Severability ................................................................................................................................. 35

SUBCHAPTER 2. APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED ........... 35

7:7-2.1 When a permit is required .......................................................................................................... 35

7:7-2.2 CAFRA ....................................................................................................................................... 36

7:7-2.3 Coastal wetlands ......................................................................................................................... 48

7:7-2.4 Waterfront development ............................................................................................................. 49

7:7-2.5 Obtaining an applicability determination ................................................................................... 55

SUBCHAPTER 3. GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-

CERTIFICATION, AND GENERAL PERMITS .................................................................................................. 55

7:7-3.1 Purpose and scope ...................................................................................................................... 56

7:7-3.2 Standards for issuance, by rulemaking, of permits-by-rule, general permits-by-certification, and

general permits ........................................................................................................................................ 56

7:7-3.3 Use of a permit-by-rule, or an authorization pursuant to a general permit-by-certification or a

general permit to conduct regulated activities ........................................................................................ 57

7:7-3.4 Use of more than one permit on a single site.............................................................................. 57

7:7-3.5 Duration of an authorization under a general permit-by-certification ........................................ 58

7:7-3.6 Duration of an authorization under a general permit for which an application was declared

complete for review prior to July 6, 2015 ............................................................................................... 58

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:7-3.7 Duration of an authorization under a general permit for which an application is deemed

complete for review on or after July 6, 2015 .......................................................................................... 59

7:7-3.8 Conditions applicable to a permit-by-rule, or to an authorization pursuant to a general permit-

by-certification or a general permit ......................................................................................................... 60

SUBCHAPTER 4. PERMITS-BY-RULE ............................................................................................................... 60

7:7-4.1 Permit-by-rule 1 - expansion of a single-family home or duplex ............................................... 60

7:7-4.2 Permit-by-rule 2 - development of a single-family home or duplex and/or accessory

development on a bulkheaded lagoon lot ................................................................................................ 61

7:7-4.3 Permit-by-rule 3 - placement of public safety or beach/dune ordinance signs on beaches or

dunes and placement of signs on beaches or dunes at public parks ........................................................ 62

7:7-4.4 Permit-by-rule 4 - construction of nonresidential docks, piers, boat ramps, and decks located

landward of mean high water line ........................................................................................................... 62

7:7-4.5 Permit-by-rule 5 - construction of portion of a recreational dock or pier located landward of

mean high water line ............................................................................................................................... 63

7:7-4.6 Permit-by-rule 6 - reconstruction of a residential or commercial development within the same

footprint .................................................................................................................................................. 63

7:7-4.7 Permit-by-rule 7 – expansion or relocation (with or without expansion) landward or parallel to

the mean high water line of the footprint of a residential or commercial development.......................... 64

7:7-4.8 Permit-by-rule 8 - construction of a utility line attached to a bridge or culvert ......................... 64

7:7-4.9 Permit-by-rule 9 - previous filling of tidelands associated with an existing single family home

or duplex ................................................................................................................................................. 65

7:7-4.10 Permit-by-rule 10 - construction of portion of boat ramp located landward of the mean high

water line at a residential development ................................................................................................... 65

7:7-4.11 Permit-by-rule 11 - construction and/or installation of a boat wash wastewater system at a

marina, boatyard, or boat sales facility ................................................................................................... 66

7:7-4.12 Permit-by-rule 12 - construction of one to three wind turbines less than 200 feet in height

having a cumulative rotor swept area no greater than 2,000 square feet ................................................ 67

7:7-4.13 Permit-by-rule 13 - installation of solar panels on a maintained lawn or landscaped area at a

single-family home or duplex lot ............................................................................................................ 68

7:7-4.14 Permit-by-rule 14 – reconfiguration of any legally existing dock, wharf, or pier at a legally

existing marina ........................................................................................................................................ 68

7:7-4.15 Permit-by-rule 15 - placement of sand fencing to create or sustain a dune .............................. 69

7:7-4.16 Permit–by-rule 16 - placement of land-based upwellers and raceways for aquaculture activities

................................................................................................................................................................ 69

7:7-4.17 Permit-by-rule 17 - placement of predator screens and oyster spat attraction devices within a

shellfish lease area .................................................................................................................................. 70

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:7-4.18 Permit-by-rule 18 - placement of shellfish cages within a shellfish lease area ........................ 70

7:7-4.19 Permit-by-rule 19 - construction and/or installation of a pumpout facility and/or pumpout

support facilities ...................................................................................................................................... 71

7:7-4.20 Permit-by-rule 20 – implementation of a sediment sampling plan for sampling in a water area

as part of a dredging or dredged material management activity or as part of a remedial investigation of

a contaminated site .................................................................................................................................. 71

7:7-4.21 Permit-by-rule 21 – application of herbicide within coastal wetlands to control invasive plant

species ..................................................................................................................................................... 72

7:7-4.22 Permit-by-rule 22 - construction of a swimming pool, spa, or hot tub and associated decking

on a bulkheaded lot without wetlands ..................................................................................................... 72

7:7-4.23 Permit-by-rule 23 – installation of an at-grade dune walkover at a residential, commercial, or

public development other than a single-family home or duplex ............................................................. 73

SUBCHAPTER 5. GENERAL PERMITS-BY-CERTIFICATION ..................................................................... 74

7:7-5.1 General permit-by-certification 10 – reconstruction of a legally existing functioning bulkhead

in-place or upland of a legally existing functioning bulkhead ................................................................ 74

7:7-5.2 General permit-by-certification 15 – construction of piers, docks, including jet ski ramps,

pilings, and boatlifts in man-made lagoons ............................................................................................ 74

7:7-5.3 General permit-by-certification 1A – installation of an elevated timber dune walkover at a

residential, commercial, or public development other than a single-family home or duplex ................. 75

SUBCHAPTER 6. GENERAL PERMITS ............................................................................................................. 76

7:7-6.1 General permit 1 - amusement pier expansion ........................................................................... 76

7:7-6.2 General permit 2 – activities on a beach and dune ..................................................................... 77

7:7-6.3 General permit 3 - voluntary reconstruction of certain residential or commercial development 77

7:7-6.4 General permit 4 - development of one or two single-family homes or duplexes ...................... 78

7:7-6.5 General permit 5 - expansion, or reconstruction (with or without expansion), of a single-family

home or duplex ....................................................................................................................................... 82

7:7-6.6 General permit 6 - construction of a bulkhead and placement of associated fill on a man-made

lagoon ...................................................................................................................................................... 87

7:7-6.7 General permit 7 - construction of a revetment at a single-family home or duplex lot .............. 87

7:7-6.8 General permit 8 - construction of gabions at a single family/duplex lot ................................... 88

7:7-6.9 General permit 9 - construction of support facilities at legally existing and operating marinas 89

7:7-6.10 General permit 10 –reconstruction of a legally existing functioning bulkhead ........................ 91

7:7-6.11 General permit 11 – investigation, cleanup, removal, or remediation of hazardous substances

................................................................................................................................................................ 92

7:7-6.12 General permit 12 – landfall of utilities .................................................................................... 93

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:7-6.13 General permit 13 – construction of recreational facilities at public parks .............................. 94

7:7-6.14 General permit 14 – bulkhead construction and placement of associated fill at a single-family

home or duplex lot .................................................................................................................................. 95

7:7-6.15 General permit 15 – construction of piers, docks, including jet ski ramps, pilings, and boatlifts

in man-made lagoons .............................................................................................................................. 96

7:7-6.16 General permit 16 - minor maintenance dredging in man-made lagoons ................................. 97

7:7-6.17 General permit 17 – stabilization of eroded shorelines ............................................................ 97

7:7-6.18 General permit 18 – avian nesting structures ........................................................................... 98

7:7-6.19 General permit 19 – modification of existing electrical substations ........................................ 98

7:7-6.20 General permit 20 –legalization of the filling of tidelands ....................................................... 98

7:7-6.21 General permit 21 –construction of telecommunication towers ............................................... 99

7:7-6.22 General permit 22 –construction of certain structures related to the tourism industry at hotels

and motels, commercial developments, and multi-family residential developments over 75 units ........ 99

7:7-6.23 General permit 23 –geotechnical survey borings ................................................................... 100

7:7-6.24 General permit 24 - habitat creation, restoration, enhancement, and living shoreline activities

.............................................................................................................................................................. 102

7:7-6.25 General permit 25 – construction of one to three wind turbines less than 200 feet in height and

having a cumulative rotor swept area no greater than 4,000 square feet .............................................. 105

7:7-6.26 General permit 26 – construction of wind turbines less than 250 feet in height and having a

cumulative rotor swept area no greater than 20,000 square feet ........................................................... 106

7:7-6.27 General permit 27 –dredging of sand from a man-made lagoon deposited as a result of a storm

event for which the Governor declared a State of Emergency .............................................................. 108

7:7-6.28 General permit 28 – dredging of material from a waterway at a residential or commercial

development deposited as a result of the failure of a bulkhead as a consequence of a storm event for

which the Governor declared a State of Emergency ............................................................................. 109

7:7-6.29 General permit 29 –dredging and management of material from a marina deposited as a result

of a storm event for which the Governor declared a State of Emergency ............................................ 110

7:7-6.30 General permit 30 – commercial shellfish aquaculture activities ........................................... 111

7:7-6.31 General permit 31 – placement of shell within shellfish lease areas ...................................... 112

7:7-6.32 General permit 32 – application of herbicide within coastal wetlands to control invasive plant

species ................................................................................................................................................... 112

SUBCHAPTER 7. LONG BRANCH REDEVELOPMENT ZONE PERMIT ................................................. 113

7:7-7.1 Applicability; permit conditions ............................................................................................... 113

7:7-7.2 Notification to the Department regarding developments requiring planning board approval .. 114

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:7-7.3 Notification to the Department regarding developments not requiring planning board approval

.............................................................................................................................................................. 115

7:7-7.4 Publication of notice of Department’s decision that Long Branch Redevelopment Zone Permit

is or is not applicable to development ................................................................................................... 116

7:7-7.5 Requests for adjudicatory hearings ........................................................................................... 116

SUBCHAPTER 8. INDIVIDUAL PERMITS ...................................................................................................... 116

7:7-8.1 Requirement to obtain an individual permit ............................................................................. 116

7:7-8.2 Duration of an individual permit .............................................................................................. 116

7:7-8.3 Conditions applicable to an individual permit .......................................................................... 118

SUBCHAPTER 9. SPECIAL AREAS ................................................................................................................... 118

7:7-9.1 Purpose and scope .................................................................................................................... 119

7:7-9.2 Shellfish habitat ........................................................................................................................ 119

7:7-9.3 Surf clam areas ......................................................................................................................... 128

7:7-9.4 Prime fishing areas ................................................................................................................... 129

7:7-9.5 Finfish migratory pathways ...................................................................................................... 130

7:7-9.6 Submerged vegetation habitat .................................................................................................. 131

7:7-9.7 Navigation channels ................................................................................................................. 134

7:7-9.8 Canals ....................................................................................................................................... 135

7:7-9.9 Inlets ......................................................................................................................................... 135

7:7-9.10 Marina moorings .................................................................................................................... 136

7:7-9.11 Ports ........................................................................................................................................ 136

7:7-9.12 Submerged infrastructure routes ............................................................................................. 137

7:7-9.13 Shipwreck and artificial reef habitats ..................................................................................... 137

7:7-9.14 Wet borrow pits ...................................................................................................................... 138

7:7-9.15 Intertidal and subtidal shallows .............................................................................................. 140

7:7-9.16 Dunes ...................................................................................................................................... 142

7:7-9.17 Overwash areas ....................................................................................................................... 145

7:7-9.18 Coastal high hazard areas ....................................................................................................... 147

7:7-9.19 Erosion hazard areas ............................................................................................................... 149

7:7-9.20 Barrier island corridor ............................................................................................................ 152

7:7-9.21 Bay islands .............................................................................................................................. 152

7:7-9.22 Beaches ................................................................................................................................... 155

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:7-9.23 Filled water’s edge ................................................................................................................. 158

7:7-9.24 Existing lagoon edges ............................................................................................................. 162

7:7-9.25 Flood hazard areas .................................................................................................................. 162

7:7-9.26 Riparian zones ........................................................................................................................ 164

7:7-9.27 Wetlands ................................................................................................................................. 166

7:7-9.28 Wetlands buffers ..................................................................................................................... 171

7:7-9.29 Coastal bluffs .......................................................................................................................... 173

7:7-9.30 Intermittent stream corridors .................................................................................................. 173

7:7-9.31 Farmland conservation areas .................................................................................................. 174

7:7-9.32 Steep slopes ............................................................................................................................ 175

7:7-9.33 Dry borrow pits ....................................................................................................................... 176

7:7-9.34 Historic and archaeological resources .................................................................................... 177

7:7-9.35 Specimen trees ........................................................................................................................ 180

7:7-9.36 Endangered or threatened wildlife or plant species habitats................................................... 180

7:7-9.37 Critical wildlife habitat ........................................................................................................... 182

7:7-9.38 Public open space ................................................................................................................... 183

7:7-9.39 Special hazard areas................................................................................................................ 184

7:7-9.40 Excluded Federal lands ........................................................................................................... 184

7:7-9.41 Special urban areas ................................................................................................................. 185

7:7-9.42 Pinelands National Reserve and Pinelands Protection Area ................................................... 186

7:7-9.43 Meadowlands District ............................................................................................................. 189

7:7-9.44 Wild and scenic river corridors .............................................................................................. 191

7:7-9.45 Geodetic control reference marks ........................................................................................... 193

7:7-9.46 Hudson River waterfront area ................................................................................................. 194

7:7-9.47 Atlantic City ........................................................................................................................... 198

7:7-9.48 Lands and waters subject to public trust rights ....................................................................... 206

SUBCHAPTER 10. STANDARDS FOR BEACH AND DUNE ACTIVITIES .................................................. 208

7:7-10.1 Purpose and scope .................................................................................................................. 209

7:7-10.2 Standards applicable to routine beach maintenance ............................................................... 209

7:7-10.3 Standards applicable to emergency post-storm beach restoration .......................................... 215

7:7-10.4 Standards applicable to dune creation and maintenance ........................................................ 217

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:7-10.5 Standards applicable to the construction of boardwalks ......................................................... 220

SUBCHAPTER 11. STANDARDS FOR CONDUCTING AND REPORTING THE RESULTS OF AN

ENDANGERED OR THREATENED WILDLIFE OR PLANT SPECIES HABITAT IMPACT

ASSESSMENT AND/OR ENDANGERED OR THREATENED WILDLIFE SPECIES HABITAT

EVALUATION ........................................................................................................................................................ 221

7:7-11.1 Purpose and scope .................................................................................................................. 221

7:7-11.2 Standards for conducting endangered or threatened wildlife or plant species habitat impact

assessment ............................................................................................................................................. 222

7:7-11.3 Standards for conducting endangered or threatened wildlife species habitat evaluation ....... 223

7:7-11.4 Standards for reporting the results of impact assessments and habitat evaluations ................ 223

SUBCHAPTER 12. GENERAL WATER AREAS .............................................................................................. 225

7:7-12.1 Purpose and scope .................................................................................................................. 225

7:7-12.2 Shellfish aquaculture .............................................................................................................. 226

7:7-12.3 Boat ramps .............................................................................................................................. 227

7:7-12.4 Docks and piers for cargo and commercial fisheries .............................................................. 228

7:7-12.5 Recreational docks and piers .................................................................................................. 228

7:7-12.6 Maintenance dredging ............................................................................................................ 231

7:7-12.7 New dredging ......................................................................................................................... 234

7:7-12.8 Environmental dredging ......................................................................................................... 237

7:7-12.9 Dredged material disposal ...................................................................................................... 238

7:7-12.10 Solid waste or sludge dumping ............................................................................................. 240

7:7-12.11 Filling ................................................................................................................................... 240

7:7-12.12 Mooring ................................................................................................................................ 242

7:7-12.13 Sand and gravel mining ........................................................................................................ 242

7:7-12.14 Bridges .................................................................................................................................. 243

7:7-12.15 Submerged pipelines ............................................................................................................ 244

7:7-12.16 Overhead transmission lines ................................................................................................. 245

7:7-12.17 Dams and impoundments ..................................................................................................... 245

7:7-12.18 Outfalls and intakes .............................................................................................................. 246

7:7-12.19 Realignment of water areas .................................................................................................. 246

7:7-12.20 Vertical wake or wave attenuation structures ....................................................................... 246

7:7-12.21 Submerged cables ................................................................................................................. 248

7:7-12.22 Artificial reefs ....................................................................................................................... 251

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:7-12.23 Living shorelines .................................................................................................................. 254

7:7-12.24 Miscellaneous uses ............................................................................................................... 255

SUBCHAPTER 13. REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR

GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS ....................................................................... 256

7:7-13.1 Purpose and scope .................................................................................................................. 256

7:7-13.2 Definitions .............................................................................................................................. 259

7:7-13.3 Impervious cover requirements that apply to sites in the upland waterfront development and

CAFRA areas ........................................................................................................................................ 260

7:7-13.4 Vegetative cover requirements that apply to sites in the upland waterfront development and

CAFRA areas ........................................................................................................................................ 262

7:7-13.5 Determining if a site is forested or unforested........................................................................ 265

7:7-13.6 Upland waterfront development area regions and growth ratings .......................................... 267

7:7-13.7 Determining the environmental sensitivity of a site in the upland waterfront development area

.............................................................................................................................................................. 269

7:7-13.8 Determining the development potential of a site in the upland waterfront development area 271

7:7-13.9 Determining the development potential for a residential or minor commercial development

site in the upland waterfront development area .................................................................................... 272

7:7-13.10 Determining the development potential for a major commercial or industrial development

site in the upland waterfront development area .................................................................................... 274

7:7-13.11 Determining the development potential for a campground development site in the upland

waterfront development area ................................................................................................................. 276

7:7-13.12 Determining the development intensity of a site in the upland waterfront development area

.............................................................................................................................................................. 277

7:7-13.13 Impervious cover limits for a site in the upland waterfront development area .................... 280

7:7-13.14 Vegetative cover percentages for a site in the upland waterfront development area ............ 283

7:7-13.15 Coastal Planning Areas in the CAFRA area ......................................................................... 285

7:7-13.16 Boundaries for Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes;

non-mainland coastal centers ................................................................................................................ 288

7:7-13.17 Impervious cover limits for a site in the CAFRA area ......................................................... 291

7:7-13.18 Vegetative cover percentages for a site in the CAFRA area ................................................ 294

7:7-13.19 Mainland coastal centers ...................................................................................................... 297

SUBCHAPTER 14. GENERAL LOCATION RULES ........................................................................................ 300

7:7-14.1 Rule on location of linear development .................................................................................. 300

7:7-14.2 Basic location rule .................................................................................................................. 301

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ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:7-14.3 Secondary impacts .................................................................................................................. 301

SUBCHAPTER 15. USE RULES .......................................................................................................................... 302

7:7-15.1 Purpose and scope .................................................................................................................. 302

7:7-15.2 Housing................................................................................................................................... 303

7:7-15.3 Resort/recreational .................................................................................................................. 314

7:7-15.4 Energy facility ........................................................................................................................ 320

7:7-15.5 Transportation ......................................................................................................................... 334

7:7-15.6 Public facility .......................................................................................................................... 336

7:7-15.7 Industry ................................................................................................................................... 337

7:7-15.8 Mining .................................................................................................................................... 339

7:7-15.9 Port ......................................................................................................................................... 340

7:7-15.10 Commercial facility .............................................................................................................. 342

7:7-15.11 Coastal engineering .............................................................................................................. 344

7:7-15.12 Dredged material placement on land .................................................................................... 348

7:7-15.13 National defense facilities .................................................................................................... 350

7:7-15.14 High-rise structures .............................................................................................................. 350

SUBCHAPTER 16. RESOURCE RULES ............................................................................................................ 351

7:7-16.1 Purpose and Scope .................................................................................................................. 351

7:7-16.2 Marine fish and fisheries ........................................................................................................ 352

7:7-16.3 Water quality .......................................................................................................................... 354

7:7-16.4 Surface water use .................................................................................................................... 355

7:7-16.5 Groundwater use ..................................................................................................................... 355

7:7-16.6 Stormwater management ........................................................................................................ 356

7:7-16.7 Vegetation ............................................................................................................................... 356

7:7-16.8 Air quality ............................................................................................................................... 357

7:7-16.9 Public access ........................................................................................................................... 358

7:7-16.10 Scenic resources and design ................................................................................................. 378

7:7-16.11 Buffers and compatibility of uses ......................................................................................... 380

7:7-16.12 Traffic ................................................................................................................................... 381

7:7-16.13 Subsurface sewage disposal systems .................................................................................... 383

7:7-16.14 Solid and hazardous waste .................................................................................................... 383

SUBCHAPTER 17. MITIGATION ...................................................................................................................... 384

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ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:7-17.1 Definitions .............................................................................................................................. 384

7:7-17.2 General mitigation requirements ............................................................................................ 386

7:7-17.3 Timing of mitigation ............................................................................................................... 389

7:7-17.4 Amount of mitigation required ............................................................................................... 389

7:7-17.5 Property suitable for mitigation .............................................................................................. 389

7:7-17.6 Conceptual review of a mitigation area .................................................................................. 391

7:7-17.7 Basic requirements for mitigation proposals .......................................................................... 391

7:7-17.8 Department review and approval of a mitigation proposal .................................................... 394

7:7-17.9 Requirements for shellfish habitat mitigation......................................................................... 394

7:7-17.10 Requirements for submerged vegetation habitat mitigation ................................................. 395

7:7-17.11 Requirements for intertidal and subtidal shallows and tidal water mitigation...................... 395

7:7-17.12 Requirements for riparian zone mitigation ........................................................................... 398

7:7-17.13 Requirements for wetlands mitigation .................................................................................. 398

7:7-17.14 Wetlands mitigation hierarchy .............................................................................................. 400

7:7-17.15 Requirements for credit purchase from an approved mitigation bank .................................. 402

7:7-17.16 Requirements for in-lieu fee payment .................................................................................. 402

7:7-17.17 Financial assurance for mitigation projects; general provisions ........................................... 402

7:7-17.18 Financial assurance; fully funded trust fund requirements ................................................... 404

7:7-17.19 Financial assurance; line of credit requirements .................................................................. 405

7:7-17.20 Financial assurance; letter of credit requirements ................................................................ 405

7:7-17.21 Financial assurance; surety bond requirements .................................................................... 406

7:7-17.22 Mitigation banks ................................................................................................................... 406

7:7-17.23 Application for a mitigation bank ......................................................................................... 409

SUBCHAPTER 18. CONSERVATION RESTRICTIONS................................................................................. 411

7:7-18.1 Conservation restriction form and recording requirements .................................................... 411

7:7-18.2 Additional requirements applicable to a conservation restriction for mitigation areas .......... 412

7:7-18.3 Reservation of rights ............................................................................................................... 413

SUBCHAPTER 19. RELAXATION OF PROCEDURES; RECONSIDERATION OF APPLICATION OF

RULES ...................................................................................................................................................................... 413

7:7-19.1 Relaxation of procedures in this chapter ................................................................................ 413

7:7-19.2 Reconsideration of the application of a rule(s) in this chapter ............................................... 413

SUBCHAPTER 20. PROVISIONAL PERMITS ................................................................................................. 419

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

7:7-20.1 Provisional permits ................................................................................................................. 419

SUBCHAPTER 21. EMERGENCY AUTHORIZATIONS ................................................................................. 419

7:7-21.1 Standard for issuance of an emergency authorization ............................................................ 419

7:7-21.2 Procedure to request an emergency authorization .................................................................. 419

7:7-21.3 Issuance of emergency authorization; conditions ................................................................... 420

SUBCHAPTER 22. PRE-APPLICATION CONFERENCES ............................................................................ 422

7:7-22.1 Purpose and scope .................................................................................................................. 422

7:7-22.2 Request for a pre-application conference; scheduling; information required ......................... 423

SUBCHAPTER 23. APPLICATION REQUIREMENTS.................................................................................... 424

7:7-23.1 Purpose and scope .................................................................................................................. 424

7:7-23.2 General application requirements ........................................................................................... 425

7:7-23.3 Additional application requirements for an authorization under a general permit-by-

certification ........................................................................................................................................... 427

7:7-23.4 Additional application requirements for an authorization under a general permit or for an

individual permit ................................................................................................................................... 429

7:7-23.5 Compliance statement requirement for an application for authorization under a general permit

.............................................................................................................................................................. 431

7:7-23.6 Additional requirements specific to an application for an individual permit ......................... 431

SUBCHAPTER 24. REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN

APPLICATION ....................................................................................................................................................... 432

7:7-24.1 Purpose and scope .................................................................................................................. 432

7:7-24.2 Timing of public notice of an application............................................................................... 433

7:7-24.3 Contents and recipients of public notice of an application ..................................................... 434

7:7-24.4 Additional requirements for public notice of an application for a CAFRA individual permit

.............................................................................................................................................................. 436

7:7-24.5 Content and format of newspaper notice ................................................................................ 437

7:7-24.6 Documenting public notice of an application; documenting public notice of public comment

period or public hearing on CAFRA individual permit application...................................................... 439

SUBCHAPTER 25. APPLICATION FEES .......................................................................................................... 439

7:7-25.1 Application fees ...................................................................................................................... 440

7:7-25.2 Adjustment of application fees ............................................................................................... 443

SUBCHAPTER 26. APPLICATION REVIEW ................................................................................................... 445

7:7-26.1 General application review provisions ................................................................................... 445

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7:7-26.2 Applications for all coastal general permit authorizations and applications for waterfront

development and coastal wetlands individual permits – completeness review .................................... 446

7:7-26.3 CAFRA individual permit application – initial completeness review .................................... 448

7:7-26.5 CAFRA individual permit application – public hearing ......................................................... 451

7:7-26.6 Department decision on an application that is complete for review ....................................... 452

7:7-26.7 Cancellation of an application ................................................................................................ 454

7:7-26.8 Withdrawal of an application ................................................................................................. 455

7:7-26.9 Re-submittal of an application after denial, cancellation, or withdrawal ............................... 455

7:7-26.10 Fee refund or credit when an application is returned, withdrawn, or cancelled ................... 455

SUBCHAPTER 27. PERMIT CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND

TERMINATION OF AUTHORIZATIONS AND PERMITS ............................................................................. 455

7:7-27.1 Purpose and scope .................................................................................................................. 455

7:7-27.2 Conditions that apply to all coastal permits ............................................................................ 456

7:7-27.3 Extension of an authorization under a general permit or of a waterfront development

individual permit for activities waterward of the mean high water line ............................................... 459

7:7-27.4 Transfer of an emergency authorization, an authorization under a general permit or an

individual permit ................................................................................................................................... 461

7:7-27.5 Modification of an authorization under a general permit or an individual permit .................. 461

7:7-27.6 Application for a modification ............................................................................................... 463

7:7-27.7 Suspension of an authorization under a general permit, an individual permit, or an emergency

authorization ......................................................................................................................................... 465

7:7-27.8 Termination of an authorization under a general permit, an individual permit, or an emergency

authorization ......................................................................................................................................... 467

SUBCHAPTER 28. REQUESTS FOR ADJUDICATORY HEARINGS .......................................................... 467

7:7-28.1 Procedure to request an adjudicatory hearing; decision on the request .................................. 468

7:7-28.2 Procedure to request dispute resolution .................................................................................. 469

7:7-28.3 Effect of request for hearing on operation of permit or authorization .................................... 469

7:7-28.4 Notice of certain settlement discussions on a coastal permit decision; notice of settlement

agreement .............................................................................................................................................. 470

SUBCHAPTER 29. ENFORCEMENT ................................................................................................................. 470

7:7-29.1 General provisions .................................................................................................................. 470

7:7-29.2 Issuance of an administrative order ........................................................................................ 471

7:7-29.3 Assessment, settlement, and payment of a civil administrative penalty ................................. 471

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7:7-29.4 Procedures to request and conduct an adjudicatory hearing to contest an administrative order

and/or a notice of civil administrative penalty assessment ................................................................... 473

7:7-29.5 Civil administrative penalties for failure to obtain a permit prior to conducting regulated

activities ................................................................................................................................................ 474

7:7-29.6 Civil administrative penalties for violations other than failure to obtain a permit prior to

conducting regulated activities.............................................................................................................. 478

7:7-29.7 Civil penalties ......................................................................................................................... 480

7:7-29.8 Civil actions ............................................................................................................................ 480

7:7-29.9 Criminal action ....................................................................................................................... 481

7:7-29.10 Grace period applicability; procedures ................................................................................. 482

APPENDICES .......................................................................................................................................................... 489

APPENDIX A ....................................................................................................................................... 489

APPENDIX B ....................................................................................................................................... 491

APPENDIX C ....................................................................................................................................... 494

APPENDIX D ....................................................................................................................................... 497

APPENDIX E ....................................................................................................................................... 506

APPENDIX F........................................................................................................................................ 507

APPENDIX G ....................................................................................................................................... 508

APPENDIX H ....................................................................................................................................... 601

APPENDIX I ........................................................................................................................................ 603

APPENDIX J ........................................................................................................................................ 607

SUBCHAPTER 1. GENERAL PROVISIONS

7:7-1.1 Purpose

(a) This chapter establishes the rules of the Department regarding the use and development of

coastal resources. The rules are used in reviewing applications for coastal permits under the

Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq. (CAFRA permits), the Wetlands Act

of 1970, N.J.S.A. 13:9A-1 et seq. (coastal wetlands permits), and the Waterfront Development

Law, N.J.S.A. 12:5-3 (waterfront development permits). The rules are also used in the review of

water quality certificates subject to Section 401 of the Federal Clean Water Act, 33 U.S.C. §

1341, and Federal consistency determinations under Section 307 of the Federal Coastal Zone

Management Act, 16 U.S.C. § 1456. The rules also provide a basis for recommendations by the

Program to the Tidelands Resource Council on applications for riparian grants, leases, and

licenses.

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(b) The Department interprets the “public health, safety, and welfare” clause in CAFRA

(N.J.S.A. 13:19-10.f) and the Wetlands Act of 1970 (N.J.S.A. 13:9A-4.d) as providing for full

consideration of the national interest in the wise use of coastal resources as required under the

Federal Coastal Zone Management Act (16 U.S.C. §§ 1451 et seq.).

are founded on the eight broad coastal goals described at (c)1 through 8 below. The coastal

goals express results that the New Jersey Coastal Management Program strives to attain. Each

goal is supplemented by related policies that set forth the means to realize that goal. The Coastal

Zone Management Rules, including the coastal goals and policies set forth below, are

enforceable policies of the New Jersey Coastal Management Program as approved under the

Federal Coastal Zone Management Act (16 U.S.C. §§ 1451 et seq.). The New Jersey Coastal

Management Program goals and supplemental policies are:

1. Healthy coastal ecosystems.

i. Protect, enhance and restore coastal habitats and their living resources to promote

biodiversity, water quality, aesthetics, recreation and healthy coastal ecosystems; and

ii. Manage coastal activities to protect natural resources and the environment;

2. Effective management of ocean and estuarine resources.

i. Develop and implement management measures to attain sustainable recreational and

commercial fisheries;

ii. Manage commercial uses to reduce conflict between users and encourage water-

dependent uses; and

iii. Administer the safe and environmentally sound use of coastal waters and beaches to

protect natural, cultural and aesthetic resources, promote safe navigation, and

provide recreational opportunities;

3. Meaningful public access to and use of tidal waterways and their shores.

i. Preserve public trust rights to tidal waterways and their shores;

ii. Preserve and enhance views of the coastal landscape to enrich aesthetic and cultural

values and vital communities;

iii. Conserve and increase safe, environmentally sound, and meaningful public access

from both the land and water to the tidal waterways and their shores for recreation

and aesthetic experiences;

iv. Enhance public access by promoting adequate affordable public facilities and

services;

v. Balance diverse uses of tidal waterways and their shores; and

vi. Protect, enhance and promote waterfront parks;

4. Sustained and revitalized water-dependent uses.

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i. Encourage, sustain and enhance active port and other water-dependent facilities, and

maritime uses;

ii. Encourage the redevelopment of inactive and under-utilized waterfront facilities for

port, water-dependent and maritime uses;

iii. Conserve waterfront sites for water-dependent activities; and

iv. Manage dredging in an environmentally sound manner, promote environmentally

sound and economically feasible dredged material management practices and

preserve historic dredged material placement sites;

5. Coastal open space.

i. Preserve, enhance and restore open space including natural, scenic, historic and

ecologically important landscapes that:

(1) Provide opportunities for passive and active recreation;

(2) Protect valuable wildlife and plant habitats and ecosystem health, foster

aesthetic and cultural values;

(3) Minimize natural hazards; and

(4) Abate impacts from nonpoint sources of pollution;

ii. Promote and enhance public access to and use of open space where appropriate; and

iii. Promote strategies for the creation of open space;

6. Safe, healthy and well-planned coastal communities and regions.

i. Manage coastal activities and foster well-planned communities and regions that:

(1) Encourage mixed-use redevelopment of distressed waterfront communities

including underutilized, abandoned and contaminated sites;

(2) Promote concentrated patterns of development;

(3) Ensure the availability of suitable waterfront areas for water dependent

activities;

(4) Sustain coastal economies;

(5) Create vibrant coastal communities and waterfronts;

(6) Conserve water supply;

(7) Protect the natural environment;

(8) Minimize the threat of natural hazards to life and property;

(9) Provide meaningful public access to tidal waterways and their shores; and

(10) Preserve and restore significant historic and cultural resources and aesthetic

coastal features;

ii. Maintain, enhance and encourage maritime uses;

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iii. Preserve and enhance beach and dune systems and wetlands, and manage natural

features to protect the public from natural hazards;

iv. Promote public health, safety and welfare;

v. Promote and implement strategies for the development of hazard mitigation plans;

and

vi. Promote and implement strategies that eliminate or reduce risks to human health and

the ecosystem from coastal activities;

7. Coordinated coastal decision-making, comprehensive planning and research.

i. Promote the attainment of the New Jersey Coastal Management Program goals by

encouraging other government agencies to employ the policies which supplement the

goals;

ii. Encourage incorporation of the coastal goals and supplemental policies into State,

regional and municipal land use management, funding and acquisition programs

within the coastal zone;

iii. Coordinate cooperative government sponsored and academic coastal research and

information dissemination to foster informed decision-making;

iv. Ensure opportunities for public participation in coastal decision-making;

v. Encourage the preparation of comprehensive plans, including:

(1) Land acquisition plans that further the goals and supplemental policies of New

Jersey's Coastal Management Program; and

(2) Special area management plans that protect significant natural resources and

provide the opportunity for sound coastal dependent economic development;

and

8. Coordinated public education and outreach.

i. Coordinate education and outreach activities on coastal issues; and

ii. Encourage coastal related education and participation opportunities for the public.

(d) The coastal land and water areas of New Jersey are diverse. The Coastal Zone Management

rules address a wide range of land and water types (locations), current and potential land and

water uses, and natural, cultural, social and economic resources in the coastal zone. In

developing these rules, balances were struck among various conflicting, competing, and

contradictory local, State, and national interests in coastal resources and in uses of coastal

locations. This balancing and conflict-reducing approach reflects that coastal management

involves consideration of a broad range of concerns in contrast to other resource management

programs which are more limited in scope.

(e) The location rules (N.J.A.C 7:7-9 through 14), use rules (N.J.A.C. 7:7-15), and resource rules

(N.J.A.C. 7:7-16) stem from the coastal goals at (c) above. The Department does not expect

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each proposed use of coastal resources to involve all location rules, use rules, and resource rules.

Decision-making on proposed actions involves examining, weighing, and evaluating complex

interests using the framework provided by this chapter. The Coastal Zone Management Rules

provide a mechanism for integrating professional judgment by Department officials, as well as

recommendations and comments by applicants, public agencies, specific interest groups,

corporations, and citizens into the coastal decision-making process. In this process,

interpretations of terms, such as “prudent,” “feasible,” “minimal,” “practicable,” and “maximum

extent,” as used in a rule or a combination of rules, may vary depending upon the context of the

proposed use, location, and design.

7:7-1.2 Scope

(a) This chapter shall apply to actions and decisions by the Department, as described at (d) through

(h) below, on uses and development of coastal resources within or affecting the coastal zone, which

is described at (b) below.

(b) This chapter shall apply geographically to the New Jersey coastal zone, which comprises:

1. The CAFRA area;

2. Coastal waters, which are any tidal waters of the State and all lands lying thereunder.

Coastal waters of the State of New Jersey extend from the mean high water line out to the

three-geographical-mile limit of the New Jersey territorial sea, and elsewhere to the

interstate boundaries of the States of New York, and Delaware and the Commonwealth of

Pennsylvania, except as provided at (c) below;

3. All lands outside of the CAFRA area extending from the mean high water line of a tidal

water body to the first paved public road, railroad, or surveyable property line existing on

September 26, 1980, generally parallel to the waterway, provided that the landward

boundary of the upland area shall be no less than 100 feet and no more than 500 feet from

the mean high water line;

4. All areas containing tidal wetlands; and

5. The Hackensack Meadowlands District as defined by N.J.S.A. 13:17-4.

State of Delaware, 552 U.S. 597, 623-24 (2008), the State of New Jersey may, under its laws,

grant and thereafter exercise governing authority over ordinary and usual riparian rights for the

construction, maintenance, and use of wharves and other riparian improvements appurtenant to

the eastern shore of the Delaware River within the 12-mile circle and extending outshore of the

mean low water mark. The 12-mile circle is the circle the radius of which is 12 miles, and the

center of which is the building used prior to 1881 as the courthouse at New Castle, Delaware, the

arcs of which are as set forth in the decree of the United States Supreme Court in New Jersey v.

Delaware, 295 U.S. 694 (1935).

1. The State of Delaware may, under its laws and subject to New Jersey’s authority over

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riparian rights as stated at (c) above, exercise governing authority over the construction,

maintenance, and use of those same wharves and other improvements appurtenant to the

eastern shore of the Delaware River within the 12-mile circle and extending outshore of

the low-water mark, to the extent that they exceed ordinary and usual riparian uses.

(d) This chapter shall apply to all coastal permits.

(e) This chapter shall apply to decisions on the consistency or compatibility of proposed actions

by Federal, State, and local agencies within or affecting the coastal zone, including, but not

limited to Federal consistency determinations, determinations of consistency or compatibility

under the Federal Coastal Zone Management Act, comments on Draft and Final Environmental

Impact Statements prepared under the National Environmental Policy Act, 42 U.S.C. §§ 4321 et

seq., and comments on other public and private plans, programs, projects, and policies. This

chapter shall also apply to decisions on proposed activities that require a water quality certificate.

Requests for water quality certificates shall also be reviewed in accordance with all applicable

statutes and regulations administered by the Department including the Surface Water Quality

Standards, N.J.A.C. 7:9B.

1. An activity requiring a Federal consistency determination may also require a coastal

permit. In this instance, the coastal permit is the Federal consistency determination.

2. An activity requiring a water quality certificate may also require a coastal permit. In this

instance, the coastal permit will include the water quality certificate.

3. A water quality certificate not issued in conjunction with a coastal permit shall be valid

for five years from the date of issuance or for the duration of the underlying Federal

permit (without renewals), whichever period is shorter.

4. A Federal consistency determination or a water quality certificate issued in conjunction

with an authorization under a coastal general permit-by-certification or a general permit

shall be valid for the duration of that authorization.

5. A Federal consistency determination issued in conjunction with an individual coastal

permit shall be valid for the duration of that individual permit.

(f) This chapter shall apply to State aid financial assistance decisions by the Department under

the Shore Protection Program and Green Acres Program within the coastal zone, to the extent

permissible under existing statutes and regulations.

(g) This chapter shall apply, to the extent statutorily permissible, to Department management

actions, including permit decisions, approvals, certifications, conveyances, and compliance

activities, in or affecting the coastal zone.

(h) This chapter shall provide the basic policy direction for planning actions undertaken by the

Department in the coastal zone as the lead state agency for Coastal Management under Section

306 of the Federal Coastal Zone Management Act.

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7:7-1.3 Review, revision, and expiration

As provided by the Federal Coastal Zone Management Act, the Department shall periodically

review the rules and revise, amend, or readopt the rules in accordance with the Administrative

Procedure Act, N.J.S.A. 52:14B-1 et seq.

7:7-1.4 Standards for evaluating permit applications

(a) All applications for coastal permits shall be approved, conditionally approved, or denied

pursuant to this chapter.

(b) The Department shall issue a permit pursuant to CAFRA only upon a finding as required by

N.J.S.A. 13:19-10 that the development:

1. Conforms with all applicable air, water and radiation emission and effluent standards and

all applicable water quality criteria and air quality standards;

2. Prevents air emissions and water effluents in excess of the existing dilution, assimilative

and recovery capacities of the air and water environments at the site and within the

surrounding region;

3. Provides for the collection and disposal of litter, recyclable and solid waste in such a

manner as to minimize adverse environmental effects and the threat to the public health,

safety and welfare;

4. Would result in minimal feasible impairment of the regenerative capacity of water

aquifers or other ground or surface water supplies;

5. Would cause minimal feasible interference with the natural functioning of plant, animal,

fish and human life processes at the site and within the surrounding region;

6. Is located or constructed so as to neither endanger human life or property nor otherwise

impair the public health, safety and welfare;

7. Would result in minimal practicable degradation of unique or irreplaceable land types,

historical or archaeological areas and existing public scenic attributes at the site and

within the surrounding region; and

8. Provides, pursuant to standards established in this chapter, onsite public access to the

waterfront and adjacent shoreline, or offsite public access to the waterfront and adjacent

shoreline if on-site public access is not feasible as determined by the Department.

7:7-1.5 Definitions

The following words and terms, when used in this chapter, shall have the following meanings,

unless the context clearly indicates otherwise. Additional definitions specifically applicable to

N.J.A.C. 7:7-13, Requirements for Impervious Cover and Vegetative Cover for General Land

Areas and Certain Special Areas, are set forth at N.J.A.C. 7:7-13.2. Additional definitions

specifically applicable to N.J.A.C. 7:7-17, Mitigation, are set forth at N.J.A.C. 7:7-17.1.

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“Acceptable” means that a proposed use of coastal resources is likely to be approved.

“Administratively complete” means that every item required on the application checklist for

the coastal permit being sought is included in the application.

“Amusement pier” means an elevated, pile-supported structure located on a beach and/or

tidal water, seaward of a bulkhead or boardwalk, and perpendicular to the mean high water line,

on which amusements are located. For purposes of this definition, “amusements” includes rides,

games of skill or chance for prizes other than cash payoffs, and vendors of toys and/or other

merchandise. “Amusements” also means bar and restaurant establishments and entertainment

venues such as stage and band shells and associated seating areas. “Amusements” do not

include games for cash payoffs.

“Area” means “site,” as defined elsewhere in this section.

“Beach” means the special area described at N.J.A.C. 7:7-9.22(a).

“Beach berm” means the nearly horizontal part of the beach lying between the crest of the

berm and the toe of the primary dune or first paved public right-of-way, whichever is more

waterward. The berm is the sloping portion of the beach profile from the upper limit of wave up-

rush to the lower limit of wave run-down at low tide.

“Bulkhead” means a vertical shore protection structure installed to withstand the forces of

waves and currents. A bulkhead is not a "revetment" or a "gabion" as defined elsewhere in this

section.

“CAFRA” means the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq.

“CAFRA area” means the “coastal area” defined in CAFRA at N.J.S.A. 13:19-4.

“Charitable conservancy” means a corporation or trust that meets the definition of a

charitable conservancy at N.J.S.A. 13:8B-2. (Note: As of July 6, 2015, the definition of

charitable conservancy at N.J.S.A. 13:8B-2 is a corporation or trust whose purposes include the

acquisition and preservation of land or water areas or of a particular land or water area, or either

thereof, in a natural, scenic or open condition, no part of the net earnings of which inures to the

benefit of any private shareholder or individual, and which has received tax exemption under

section 501(c) of the 1954 Internal Revenue Code.)

“City of the fourth class” means a city as defined at N.J.S.A. 40A:6-4d which borders on the

Atlantic Ocean and which is a seaside or summer resort.

“Coastal bluff” means the special area described at N.J.A.C. 7:7-9.29(a).

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“Coastal permit” or “permit” means a permit or an authorization issued under this chapter

pursuant to CAFRA, the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., or the Waterfront

Development Law, N.J.S.A. 12:5-3.

“Coastal zone” means the areas described at N.J.A.C. 7:7-1.2(b).

“Commercial development” means a development designed, constructed, or intended to

accommodate commercial, retail, or office uses. “Commercial development” shall include, but

need not be limited to, any establishment used for the wholesale or retail sale of food, beverage,

or other merchandise, or any establishment used for providing professional, financial, or other

commercial services.

“Commissioner” means the Commissioner of the Department, or designated representative.

“Complete for public comment” means that an application for a CAFRA individual permit is

both administratively and technically complete and is ready for the public comment process set

forth at N.J.A.C. 7:7-26.4.

“Complete for public hearing” means that an application for a CAFRA individual permit is

both administratively and technically complete and is ready for the public hearing and comment

process set forth at N.J.A.C. 7:7-26.5.

“Complete for review” means that an application for a coastal permit is both administratively

and technically complete and is ready to be evaluated by the Department for compliance with the

applicable requirements of this chapter. However, an application for a CAFRA individual permit

is complete for review only when it is both administratively and technically complete and either

the public comment process set forth at N.J.A.C. 7:7-26.4 or the public hearing and comment

process set forth at N.J.A.C. 7:7-26.5 has been completed.

“Conditionally acceptable” means that a proposed use of coastal resources is likely to be

acceptable, provided that conditions specified in the rules are satisfied.

“Conservation restriction” means a restriction, easement, covenant, or condition, in any deed,

will or other instrument, other than a lease, executed by or on behalf of the owner of the land,

appropriate to retaining land or water areas predominantly in their natural state, scenic or open or

wooded condition, or for conservation of soil or wildlife, or for outdoor recreation or park use, or

for public access to tidal waterways and their shores, or as suitable habitat for fish or wildlife, to

forbid or limit any or all of the following:

1. Construction or placing of buildings, roads, signs, billboards or other advertising, or other

structures on or above the ground;

2. Dumping or placing of soil or other substance or material as landfill, or dumping or

placing of trash, waste or unsightly or offensive materials;

3. Removal or destruction of trees, shrubs or other vegetation;

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4. Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral

substance;

5. Surface use except for the purposes permitting the land or water area to remain

predominantly in its natural condition;

6. Activities detrimental to drainage, flood control, water conservation, erosion control or

soil conservation, or fish and wildlife habitat preservation; and/or

7. Other acts or uses detrimental to the retention of land or water areas according to the

purposes of this chapter.

“Critical infrastructure” means the same as “Homeland security facility.”

“Deck” means a horizontal platform that is not enclosed by windows, walls, doors, or screens

and is not covered by a roof.

“Department” means the Department of Environmental Protection.

“Development” means any activity for which a coastal wetlands permit, waterfront

development permit, or Federal consistency determination is required, including site preparation

and clearing. Development for an application under CAFRA means the construction, relocation,

or enlargement of the footprint of development of any building or structure and all site

preparation therefor, the grading, excavation, or filling on beaches and dunes, and shall include

residential development, commercial development, industrial development, and public

development. Development under CAFRA and the Waterfront Development Law does not

include repairs or maintenance such as replacing siding, windows, or roofs, unless such repairs

or maintenance are associated with enlargements which are not exempt under CAFRA pursuant

to N.J.A.C. 7:7-2.2(c)4 or the Waterfront Development Law pursuant to N.J.A.C. 7:7-2.4(d).

Development under CAFRA does not include debris removal or cleanup provided such activities

do not involve excavation, grading, or filling on beaches and dunes.

“Discouraged” means that a proposed use of coastal resources is likely to be rejected or

denied as the Department has determined that such uses of coastal resources should be deterred.

In cases where the Department considers the proposed use to be in the public interest despite its

discouraged status, the Department may permit the use provided that mitigating or compensating

measures can be taken so that there is a net gain in quality and quantity of the coastal resource of

concern.

“Division” means the Division of Land Use Regulation in the Department.

“Dredged material” means the sediment removed from below the spring high water line. In

accordance with the Solid Waste rules at N.J.A.C. 7:26-1.6, dredged material is not considered a

solid waste.

“Dredging” means the removal of sediment located waterward of the spring high water line.

Dredging does not include excavation.

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“Dune” means the special area described at N.J.A.C. 7:7-9.16(a).

“Duplex” means a residential structure of two attached units in which the interior living

space of one unit directly abuts the interior living space of the other unit, either in a side-by-side

arrangement sharing a common wall or in a lower unit-upper unit arrangement.

“Dwelling unit” means a house, townhouse, apartment, cooperative, condominium, cabana,

hotel or motel room, a patient/client room in a hospital, nursing home or other residential

institution, mobile home, campsite for a tent or recreational vehicle, floating home, or any other

habitable structure of similar size and potential environmental impact, except that dwelling unit

shall not mean a vessel as defined at N.J.S.A. 12:7-71.

“Electrical substation” means a subsidiary facility of an electric power system through which

electricity is passed for transmission, transformation, or distribution. For example, an electrical

substation may transform high voltage electricity to low voltage electricity for distribution. An

electrical substation consists of the footprint of the substation equipment, the safety zone, and the

area necessary for access and parking.

“Encouraged” means that a proposed use of coastal resources is acceptable and is a use, by

its purpose, location, design, and effect, that the Department has determined should be fostered

and supported in the coastal zone.

“Engineered beach” means a beach built in accordance with either:

1. A Federally authorized beach berm design template for shore protection and/or storm

damage reduction purposes for which the Department has issued a Federal consistency

determination under this chapter; or

2. A beach berm design template for shore protection and/or storm damage reduction

purposes that has been funded through the New Jersey Shore Protection Program and for

which the Department has issued a permit under this chapter.

For purposes of this definition, the beach berm design template is the height, width, slope,

and length of the engineered beach.

“Engineered dune” means a dune built in accordance with either:

1. A Federally authorized dune design template for shore protection and/or storm damage

reduction purposes for which the Department has issued a Federal consistency

determination under this chapter; or

2. A dune design template for shore protection and/or storm damage reduction purposes that

has been funded through the New Jersey Shore Protection Program and for which the

Department has issued a permit under this chapter.

For purposes of this definition, the dune design template is the height, width, slope, and

length of the engineered dune.

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“Engineering certification” means a document, signed and sealed by a New Jersey licensed

professional engineer, which confirms that one or more requirements of this chapter are met, and

which is accompanied by all supporting documentation, calculations, and other information upon

which the certification is based. Upon clear and compelling evidence of a threat to public health,

safety, welfare, and the environment, a New Jersey licensed professional engineer employed by

the Department can reject an engineering certification submitted under this chapter.

“Excavation” means the removal of soil or any other material located landward of the spring

high water line.

“Federal consistency determination” means a determination by the Department of the

consistency with this chapter of a proposed Federal action that has reasonably foreseeable effects

on any land or water use or natural resource of the coastal zone pursuant to Section 307 of the

Federal Coastal Zone Management Act, 16 U.S.C. § 1456. There are four types of Federal

actions:

1. Federal agency activities, which are activities and development projects performed by a

Federal agency, or a contractor for the benefit of the Federal agency;

2. Federal license or permit activities, which are activities performed by a non-Federal

entity requiring a Federal permit, license, or other form of Federal authorization;

3. Outer Continental Shelf (OCS) Plans, which are the Department of the Interior, Bureau of

Ocean Energy Management approvals of OCS plans, pursuant to the Outer Continental

Shelf Lands Act, 43 U.S.C. §§ 1331 et seq.; and

4. Federal assistance to state and local governments, which are the applications for Federal

financial assistance by state or local governments.

“FEMA” means the Federal Emergency Management Agency.

“FEMA flood mapping” means information published or publicly released by FEMA

regarding the frequency, location, and/or extent of flooding in a community, such as flood

elevations, flood profiles, flow rates, and floodway limits, and FEMA 100-year flood elevation

as defined in the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-1.2. For the purposes of

this chapter, such information shall include only that information adopted as part of the most

recent effective FEMA Flood Insurance Study, dated on or after January 31, 1980, or any more

recent advisory or proposed (preliminary) flood mapping, if the more recent advisory or

proposed (preliminary) mapping results in higher flood elevations, wider floodway limits, and

greater flow rates, than depicted in the most recent effective FEMA Flood Insurance Study, or

indicates a change from an A zone to a V zone or coastal A zone. Effective and proposed

(preliminary) FEMA flood mapping can be viewed at https://msc.fema.gov and advisory flood

mapping for coastal areas, where available, can be viewed at http://www.region2coastal.com.

Questions regarding the availability, use, derivation, or modification of FEMA flood mapping

should be directed to FEMA at (800) 358-9616.

“Filling” means the depositing of sand, gravel, earth or any other material.

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“Floating home” means any waterborne structure designed and intended primarily as a

permanent or seasonal dwelling, not for use as a recreational vessel, which will remain stationary

for more than 10 consecutive days.

“Floodway” has the same meaning as the definition of that term in the Flood Hazard Area

Control Act rules at N.J.A.C. 7:13-1.2.

“Footprint of development” means the vertical projection to the horizontal plane of the

exterior of all exterior walls of a structure.

“Gabion” means a shore protection structure that is comprised of wire mesh basket(s) or

mattress(es) filled with rock and used in multiples as a structural unit installed to withstand the

forces of waves and currents. A gabion is not a "bulkhead" or a "revetment" as defined elsewhere

in this section.

“Governmental agency” means the Government of the United States, the State of New

Jersey, or any other state, or a political subdivision, authority, agency or instrumentality thereof,

and shall include any interstate agency or authority.

“Grace period” means the period of time afforded under the Grace Period Law, N.J.S.A.

13:1D-125 et seq., for a person to correct a minor violation in order to avoid imposition of a

penalty that would otherwise be applicable for such violation.

“Grading” means leveling off to a smooth horizontal or sloping surface.

“Habitable” with reference to structures or development means a structure or development

that has been or could have been legally occupied in the most recent five-year period.

“Homeland security facility” means any facility deemed by the Department in consultation

with the New Jersey Office of Homeland Security and Preparedness or the United States

Department of Homeland Security to be either critical in nature or a key resource. These

facilities may include, but are not limited to, airports and military facilities, certain transportation

infrastructure, and certain chemical or energy facilities and utilities, marine terminal or transfer

facilities, and freight or passenger rail lines.

“Impervious cover” means any structure, surface, or improvement that reduces and/or

prevents absorption of stormwater into land. Porous paving, paver blocks, gravel, crushed stone,

crushed shell, elevated structures (including boardwalks), and other similar structures, surfaces,

or improvements are considered impervious cover. Grass, lawns, or any other vegetation are not

considered impervious cover.

“Industrial development” means a development that involves a manufacturing or industrial

process, and shall include, but is not limited to, electric power production, food and food by-

product processing, paper production, agrichemical production, chemical processes, storage

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facilities, metallurgical processes, mining and excavation processes, and processes using mineral

products.

“Invasive plant species” means a plant species that is non-native (or alien) to the ecosystem

under consideration and whose introduction causes or is likely to cause economic or

environmental harm or harm to human health.

“Linear development” means a development with the basic function of connecting two points,

such as a road, drive, public walkway, railroad, sewerage pipe, stormwater management pipe, gas

pipeline, water pipeline, or electric, telephone or other transmission lines.

“Living shoreline” means a shoreline management practice that addresses the loss of

vegetated shorelines, beaches, and habitat in the littoral zone by providing for the protection,

restoration or enhancement of these habitats. This is accomplished through the strategic

placement of plants, stone, sand, or other structural and organic materials. There are three types

of living shorelines: natural, hybrid, and structural. Natural living shorelines include natural

vegetation, submerged aquatic vegetation, fill, and biodegradable organic materials. Hybrid

living shorelines incorporate natural vegetation, submerged aquatic vegetation, fill,

biodegradable organic materials, and low-profile rock structures such as segmented sills, stone

containment, and living breakwaters seeded with native shellfish. Structural living shorelines

include, but are not limited to, revetments, break-waters, and groins.

“Location” means “site,” as defined elsewhere in this section.

“Major commercial development” means a commercial development with a cumulative

building area of greater than 100,000 square feet.

“Man-made lagoon” means an artificially created linear waterway sometimes branched,

ending in a dead end with no significant upland drainage. Lagoons have been created through

dredging and filling of wetlands, bay bottom and other estuarine water areas for the purpose of

creating waterfront lots for residential development adjacent to the lagoon. A natural waterway

which is altered by activities including, but not limited to, filling, channelizing, or bulkheading

shall not be considered a man-made lagoon, nor shall a bulkheaded boat slip be considered a

lagoon.

“Mean high water” is a tidal datum that is the arithmetic mean of the high water heights

observed over a specific 19-year Metonic cycle (the National Tidal Datum Epoch). For the New

Jersey coast, the two high waters of each tidal day are included in the mean. This datum is

available from the Department, Bureau of Tidelands Management.

“Mean high water line” is the intersection of the land with the water surface at the elevation

of mean high water. The elevation of mean high water varies along the oceanfront and the tidal

bays and streams in the coastal zone.

1. For practical purposes, the mean high water line is often referred to as the “ordinary”

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high water line, which is typically identified as the limit of wet sand or debris line on a

beach, or by a stain line on a bulkhead or piling. However, for the purpose of

establishing regulatory jurisdiction pursuant to CAFRA and the Waterfront Development

Law, the surveyed mean high water elevation will be used.

“Minor commercial development” means a commercial development with a cumulative

building area of 100,000 square feet or less.

“Mitigation area” means the portion of a site or piece of property upon which mitigation is

proposed or performed. If a mitigation area includes a wetland, a wetland buffer is included as

part of the mitigation area in accordance with N.J.A.C. 7:7-17.14(b).

“Mitigation bank” means an operation in which wetlands, uplands, and/or other aquatic

resources are restored, created, enhanced, or preserved by a mitigation bank operator, for the

purpose of providing compensatory mitigation.

“Mooring” means the structure and/or water area adjacent to the structure where boats and/or

jet skis are secured by cables, anchors, or lines. Examples of moorings that are structures

include docks, jet ski drive-on docks, bulkheads, boat lifts, pilings, and buoys.

“Navigable” means waters that are deep enough and wide enough to afford passage to

watercraft, including canoes or kayaks, at high tide. Navigability will also apply to areas

upstream of obstructions (for example, culverts), provided that the water course is still tidally

influenced in the upstream area.

“NOAA” means the National Oceanic and Atmospheric Administration.

“Non-polluting material” means a material such as plastic, natural cedar or other untreated

wood, polymer coated pressure-treated wood, concrete, steel or other inert products. Creosote and

pressure-treated lumber (that is, treated with preservatives such as CCA-C, ACZA, CC, and ACQ)

which is susceptible to leaching is not considered “non-polluting material.”

“Non-waterward side of development” means the area of the site located landward of the

line(s) drawn through point(s) of the footprint of the building closest to the water and parallel to

the water body, which line extends to the property boundaries.

“Parcel” means the totality of all contiguous lots under common ownership on April 4, 2011.

“Person” means any corporation, corporate official, company, association, society, firm,

partnership, individual, government agency, or joint stock company.

“Pesticide” means any substance defined as a pesticide pursuant to the provisions of

N.J.A.C. 7:30.

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“Porch” means a covered or uncovered entrance, directly connected to a residential dwelling.

“Prohibited” means that a proposed use of coastal resources is unacceptable and that the

Department will use its legal authority to reject or deny the proposal.

“Property as a whole” means all property assembled as one investment or to further one

development plan. The property as a whole may include more than one municipal tax block or

lot. The property as a whole may also include blocks or lots that were previously sold or

developed, if those blocks or lots and the remaining unsold or undeveloped blocks or lots were

part of one investment or development plan. In determining the property as a whole in a

particular case, the Department shall consider existing legal precedent regarding what constitutes

"property as a whole" at the time of the determination.

“Public accessway” means a route that provides a means for the public to reach, pass along,

and/or use lands and waters subject to public trust rights. Public accessways include streets,

paths, trails, walkways, easements, paper streets, dune walkovers/walkways, piers and other

rights-of-way.

“Public development” means a solid waste facility, including incinerators and landfills,

wastewater treatment plant, public highway, airport including single or multi-air strips, an above

or underground pipeline designed to transport petroleum, natural gas, or sanitary sewage, and a

public facility, and shall not mean a seasonal or temporary structure related to the tourism

industry, an educational facility or power lines. "Public development" does not have to be

publicly funded or operated.

“Public highway” means a “public highway” as defined at N.J.S.A. 27:1B-3, namely public

roads, streets, expressways, freeways, parkways, motorways, and boulevards, including bridges,

tunnels, overpasses, underpasses, interchanges, rest areas, express bus roadways, bus pullouts

and turnarounds, park-ride facilities, traffic circles, grade separations, traffic control devices, the

elimination or improvement of crossings of railroads and highways, whether at grade or not at

grade, and any facilities, equipment, property, rights-of-way, easements, and interests therein

needed for the construction, improvement, and maintenance of highways.

“Public Trust Doctrine” means a common law principle that recognizes that the public has

particular inalienable rights to certain natural resources. These resources include, but are not

limited to, tidal waterways, the underlying submerged lands and the shore waterward of the mean

high water line, whether owned by a public, quasi-public or private entity. In the absence of a

grant from the State, submerged lands under tidal waterways and the shore of tidal waterways

waterward of the mean high water line are owned by the State. Regardless of the ownership of

these resources, under the Public Trust Doctrine, the public has rights of access to and use of

these resources, as well as a reasonable area of shoreline landward of the mean high water line.

Under the Public Trust Doctrine, the State is the trustee of these publicly owned resources and

public rights for the common benefit and use of all people without discrimination. As trustee, the

State has a fiduciary obligation to ensure that its ownership, regulation and protection of these

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properties and rights will safeguard them for the enjoyment of present and future generations.

The public rights to use these resources extend both to traditional activities such as navigation

and fishing, but also to recreational uses such as swimming, sunbathing, fishing, surfing, sport

diving, bird watching, walking and boating. The specific rights recognized under the Public Trust

Doctrine, a common law principle, continue to develop through individual court decisions. See,

for example, Arnold v. Mundy, 6 N.J.L. 1 (1821), Borough of Neptune v. Borough of Avon-by-

the-Sea, 61 N.J. 296 (1972), Hyland v. Borough of Allenhurst, 78 N.J. 190 (1978); Matthews v.

Bay Head Improvement Association, 95 N.J. 306 (1984); Slocum v. Borough of Belmar, 238

N.J.Super. 179 (Law Div. 1989); National Ass'n of Homebuilders v. State, Dept. of Envt'l

Protect., 64 F.Supp.2d 354 (D.N.J. 1999); Raleigh Ave. Beach Ass'n v. Atlantis Beach Club,

Inc., 185 N.J. 40 (2005); Illinois Central R.R. v. Illinois, 146 U.S. 387 (1892); Phillips Petroleum

Co. v. Mississippi, 484 U.S. 469 (1988); Karam v. NJDEP, 308 N.J. Super. 225, 240 (App. Div.

1998), aff'd, 157 N.J. 187 (1999), cert. denied, 528 U.S. 814 (1999).

“Pumpout facility” means a facility intended to receive the discharge of wastewater from a

marine sanitation device. Pumpout facilities include, but are not limited to, fixed pumpout

stations, dockside pumpouts, portable pumpouts, pumpout boats, and dump stations.

“Qualifying municipality” means a municipality that qualifies under N.J.S.A. 52:27D-178 et

seq. to receive State aid for the purpose of enabling such municipalities to maintain and upgrade

municipal services and offset local property taxes. Under N.J.S.A. 52:27D-178 et seq., the

Department of Community Affairs (DCA) establishes a list of qualifying municipalities for each

State fiscal year. DCA’s list of qualifying municipalities may be obtained on request from the

Department at the address set forth at N.J.A.C. 7:7-1.6.

“Reconstruction” means the repair or replacement of a building, structure, or other parts of a

development, provided that such repair or replacement does not increase or change the location

of the footprint of the preexisting development, does not increase the area covered by buildings

and/or asphalt or concrete pavement, and does not result in a change in the use of the

development. Reconstruction of docks and piers means repair or replacement in the same

location and size of the preexisting structure. Reconstruction does not include repairs or

maintenance, such as replacing siding, windows, or roofs, unless such repairs or maintenance are

associated with enlargements which are not exempt pursuant to N.J.A.C. 7:7-2.2(c)4.

“Redevelopment” means the development of a previously developed site that has been

inactive, underutilized, or abandoned for five years or less.

“Regulated activity” or “activity” means any activity for which a permit is required under

CAFRA, the Wetlands Act of 1970, or the Waterfront Development Law, and shall also include

the terms “project” and “development.”

“Regulated wetland” means any wetland which has been mapped and the map promulgated

pursuant to the Wetlands Act of 1970.

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“Residential development” means a development that provides one or more dwelling units.

“Revetment” means a sloped shore protection structure consisting of a facing made of stone,

placed on a bank, bluff, or shoreline to withstand the forces of waves and currents. A revetment

is not a "gabion" or "bulkhead" as defined elsewhere in this section.

“Rotor swept area” means the area of the circle delineated by the tips of the blades of the

wind turbine for a horizontal axis wind turbine, and the area determined by multiplying the rotor

radius times the rotor height times 3.14 for a vertical axis wind turbine.

“Seasonal or temporary structures related to the tourism industry” means lifeguard stands and

associated temporary equipment storage containers, picnic tables, benches and canopies, beach

badge sheds, wooden walkways, stage platforms, and portable restrooms, which remain in place

only during the period from May 1 through October 31, and provided that the placement of such

structures does not involve the excavation, grading or filling of a beach or dune.

“Sewer service area” means the land area identified in an areawide Water Quality

Management plan from which wastewater generated is designated to flow to a domestic

treatment works or industrial treatment works. A distinct sewer service area is established for

each domestic treatment works and industrial treatment works. Adopted updates to sewer

service area maps and proposed changes to sewer service areas can be viewed at

https://www.nj.gov/dep/wrm.

“Site” means the lot or lots upon which a proposed development is to be constructed.

“Site plan” or “plan” means, for the purposes of this chapter, a graphic depiction of land,

vegetation, water, structures, and other physical features on paper, such as a blueprint,

construction plan, cross-section, topographic map, architectural rendering, or other similar

illustration, which is submitted to the Department to describe an existing or proposed activity or

condition.

“Site preparation” means physical activity which is an integral part of a continuous process

of land development or redevelopment for a particular development which must occur before

actual construction of that development may commence. It does not include the taking of soil

borings, performing percolation tests, or driving of less than three test pilings.

“Solar panel” means an elevated panel or plate, or a canopy or array thereof, that captures

and converts solar radiation to produce power, and includes flat plate, focusing solar collectors,

or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or

array.

“Spring high water line” means the intersection of the land with the water surface at the

elevation of spring high tide.

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“Spring tide” means a tide that occurs at or near the time of new and full moon and which

rises highest (spring high tide) and falls lowest (spring low tide) from the mean level.

“State Aid Agreement” means a binding agreement between the Department and a

municipality or county for the construction of a shore protection project funded through the State

Shore Protection Fund. The State Aid Agreement for Federally-funded projects contains the

project agreement between the Department and the USACE which defines the project design

template.

“Stormwater management facility” means a facility which receives, stores, conveys, or

discharges stormwater runoff and is designed in accordance with all applicable local, county, and

State regulations. A stormwater management facility may be a retention or detention basin;

infiltration structure; grassed swale; filter fabric; rip-rap channel; and/or stormwater outfall.

“Structure” means any assembly of materials above, on, or below the surface of the land or

water, including, but not limited to, buildings, fences, dams, pilings, footings, breakwaters,

culverts, pipes, pipelines, piers, roads, railroads, and bridges, and includes floating structures.

“Technically complete” means that each item included in an application for a coastal permit

other than a CAFRA individual permit provides sufficient information for the Department to

declare the application complete for review. For an application for a CAFRA individual permit,

technically complete means that each item included in the application provides sufficient

information for the Department to determine the application is complete for public comment or

complete for public hearing.

“Tidelands instrument” means a written document conveying, leasing or licensing lands

owned or claimed to be owned as present or formerly flowed tidelands by the State of New

Jersey to public entities or private interests pursuant to N.J.S.A. 12:3-1 et seq. and N.J.S.A.

13:1B-13 et seq. Tidelands instruments include licenses, long-term leases, conveyances (often

called grants), and management agreements. These documents are recorded in the office of the

clerk of the county or registrar of deeds and mortgages of the county in which the property is

located.

“Tidelands Map” means the Tidelands Base Photo Map, adopted by the Department's

Tidelands Resource Council under N.J.S.A. 13:1B-13.1 et seq., and which is dated 1977/1978.

“UCC” means the Uniform Construction Code, N.J.A.C. 5:23.

“Upland waterfront development area” means the area described at N.J.A.C. 7:7-2.4(a)3ii.

“USACE” means the United States Army Corps of Engineers.

“USEPA” means the United States Environmental Protection Agency.

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“USFWS” means the United State Fish and Wildlife Service.

“USGS quad map” means a topographic quadrangle map issued by the United States

Geological Survey (USGS), 7.5 minute series, drawn at a scale of 1:24,000.

“Water dependent” means development that cannot physically function without direct access

to the body of water along which it is proposed. Uses, or portions of uses, that can function on

sites not adjacent to the water are not considered water dependent regardless of the economic

advantages that may be gained from a waterfront location. Maritime activity, commercial

fishing, public waterfront recreation, and marinas are examples of water dependent uses, but only

the portion of the development requiring direct access to the water is water dependent. The test

for water dependency shall assess both the need of the proposed use for access to the water and

the capacity of the proposed water body to satisfy the requirements and absorb the impacts of the

proposed use. A proposed use will not be considered water dependent if either the use can

function away from the water or if the water body proposed is unsuitable for the use. For

example, in a maritime operation, a dock or quay and associated unloading area would be water

dependent, but an associated warehouse would not be water dependent.

1. Examples of water dependent uses include: docks, piers, marina activities requiring

access to the water, such as commissioning and decommissioning new and used boats,

boat repairs and short term parking for boaters, storage for boats which are too large to be

feasibly transported by car trailer (generally greater than 24 feet), rack systems for boat

storage, industries such as fish processing plants and other commercial fishing

operations, port activities requiring the loading and unloading of vessels, and water-

oriented recreation.

2. Water dependent uses exclude, for example: housing, hotels, motels, restaurants,

warehouses, manufacturing facilities (except for those which receive and quickly process

raw materials by ship), dry boat storage for boats that can be transported by car trailer,

long-term parking, parking for persons not participating in a water-dependent activity,

boat sales, automobile junk yards, and non-water oriented recreation such as roller rinks

and racquetball courts.

“Water oriented” means development that serves the general public and derives economic

benefit from direct access to the water body along which it is proposed. (Industrial uses need not

serve the general public.) A hotel or restaurant, since it serves the public, could be water-

oriented if it takes full advantage of a waterfront location. An assembly plant could be water

oriented if overland transportation is possible but water-borne receipt of raw materials and

shipment of finished products is economically advantageous. Housing is not water-oriented

despite the economic premium placed on waterfront housing, because it only benefits those who

can afford to buy or rent the housing units.

“Water quality certificate” means a determination by the Department of the consistency with

this chapter of an activity that proposes a discharge to waters of the United States that requires a

Federal license or permit pursuant to Section 401 of the Federal Clean Water Act, 33 U.S.C. §

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1341. Federal licenses and permits for which water quality certificates are issued include, but

are not limited to:

1. NPDES permits by USEPA under Section 402 of the Federal Clean Water Act, 33 U.S.C.

§ 1342;

2. Permits for the discharge of dredged or fill material issued by the USACE under Section

404 of the Federal Clean Water Act, 33 U.S.C. §1 344;

3. Permits for activities that have a potential to discharge in navigable waters issued by the

USACE under Sections 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 403 and

404; and

4. Hydropower licenses issued by the Federal Energy Regulatory Commission under

Sections 3(11), 4(e) and 15 of the Federal Power Act, 16 U.S.C. §§ 796(11), 797(e), and

808.

“Waters of the State” means the ocean and its estuaries, all springs, streams, wetlands, and

bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State

of New Jersey or subject to its jurisdiction.

“Waters of the United States” means:

1. All waters which are currently used, were used in the past, or may be susceptible to use in

interstate or foreign commerce, including all waters which are subject to the ebb and flow

of the tide;

2. All interstate waters including interstate wetlands;

3. All other waters such as intrastate lakes, rivers, streams (including intermittent streams),

wetlands, mudflats, sand flats, sloughs, wet meadows, or natural ponds, the use,

degradation, or destruction of which would affect or could affect interstate or foreign

commerce including any such waters:

i. Which are or could be used by interstate or foreign travelers for recreational or other

purposes;

ii. From which fish or shellfish are or could be taken and sold in interstate or foreign

commerce;

iii. Which are used or could be used for industrial purposes by industries in interstate

commerce;

iv. Which are or would be used as habitat by birds protected by Migratory Bird Treaties;

v. Which are or would be used as habitat by other migratory birds which cross state

lines;

vi. Which are or would be used as habitat for endangered and threatened species; or

vii. Which are used to irrigate crops sold in interstate commerce;

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4. All impoundments of waters otherwise defined as waters of the United States under this

definition;

5. Tributaries of waters identified in paragraphs 1 through 4 of this definition;

6. The territorial seas; and

7. Wetlands adjacent to waters identified in paragraphs 1 through 6 of this definition, other

than those that are themselves wetlands.

“Waterward side of development” means the area of the site located between a tidal water

body and a line(s) drawn through point(s) of the footprint of the building closest to the water, and

parallel to the water body, which line extends to the property boundaries (see Appendix A,

herein incorporated by reference).

“Working day” means a day on which the offices of the Department are open for business.

7:7-1.6 Forms, checklists, information; Department address and website

(a) Forms, checklists, and other information related to this chapter can be obtained from the

Division of Land Use Regulation at the address in (b) below, by telephone at (609) 984-0162, or

through the Division’s website at https://www.nj.gov/dep/landuse. Further information about the

Department can be accessed at https://www. nj.gov/dep.

(b) Applications and other correspondence shall be submitted to the following addresses:

1. For submittal of an application for authorization under a general permit or general

permit-by-certification, for an individual permit, or a water quality certificate, the

Department’s website at https://www.nj.gov/dep/online; and

2. For correspondence or the submittal of an application for an exemption, applicability

determination, request for the reconsideration of the application of a rule(s) in this

chapter, or an extension, transfer, or modification of a permit:

i. For regular mail:

New Jersey Department of Environmental Protection

Division of Land Use Regulation

Mail code 501-02A, P.O. Box 420

Trenton, NJ 08625; and

ii. For hand delivery, courier service, and overnight mail:

New Jersey Department of Environmental Protection

Division of Land Use Regulation

501 East State Street

5 Station Plaza, Second Floor

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Trenton, NJ 08609.

application can be directed to the Division of Land Use Regulation Technical Support Center at

(609) 777-0454, via e-mail at LURTechSupport@dep.nj.gov, or by using an online contact form

at https://www.nj.gov/dep/landuse/contact.html.

(d) Applications for authorization under a general permit-by-certification, general

permit, an individual permit, or a water quality certificate sent or delivered to the Department by

mail, hand delivery, or courier service shall not be deemed to have been received for the

purposes of calculating application review deadlines or other time periods under this chapter.

(e) Applications identified at (b)2 above sent or delivered to the Department at an address other

than those listed at (b)2i and ii above shall not be deemed to have been received for the purposes

of calculating application review deadlines or other time periods under this chapter.

7:7-1.7 Liberal construction

This chapter shall be liberally construed to effectuate the purpose of the Acts under which it was

adopted.

7:7-1.8 Severability

If any subchapter, section, subsection, provision, clause, or portion of this chapter, or the

application thereof to any person, is adjudged unconstitutional or invalid by a court of competent

jurisdiction, such judgment shall be confined in its operation to the subchapter, section,

subsection, provision, clause, portion, or application directly involved in the controversy in

which the judgment was rendered and it shall not affect or impair the remainder of this chapter or

the application thereof to other persons.

SUBCHAPTER 2. APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS

REQUIRED

7:7-2.1 When a permit is required

(a) No person shall engage in a regulated activity subject to this chapter without a coastal

permit. Initiation of a regulated activity without a coastal permit is considered a violation of this

chapter and shall subject the person or persons responsible for the regulated activity to

enforcement action in accordance with N.J.A.C. 7:7-29.

(b) A person undertaking any regulated activity under this chapter shall do so only in accordance

with:

1. A permit-by-rule, pursuant to N.J.A.C. 7:7-3 and 4;

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2. An authorization under a general permit-by-certification, pursuant to N.J.A.C. 7:7-3 and

3. An authorization under a general permit, pursuant to N.J.A.C. 7:7-3 and 6;

4. An individual permit, pursuant to N.J.A.C. 7:7-8; or

5. An emergency authorization, pursuant to N.J.A.C. 7:7-21.

requirement to obtain a coastal permit under this chapter. The exemptions and process for

obtaining an exemption under CAFRA are set forth at N.J.A.C. 7:7-2.2(c) through (f) and under

the Waterfront Development Law at N.J.A.C. 7:7-2.4(d), (f), and (h).

7:7-2.2 CAFRA

(a) Subject to the interpretation and definition of certain statutory terms as provided at (b) below

and subject to the exemptions identified at (c) below, a CAFRA permit shall be required for:

1. Any development located on a beach or dune;

2. A development located in the CAFRA area between the mean high water line of any tidal

waters, or the landward limit of a beach or dune, whichever is most landward, and a point

150 feet landward of the mean high water line of any tidal waters or the landward limit of

a beach or dune, whichever is most landward, that would result either solely or in

conjunction with a previous development, in:

i. A development if there is no intervening development that is either completed or

under active construction as of July 19, 1994 between the proposed site of the

development and the mean high water line of any tidal waters;

ii. A residential development having three or more dwelling units if there is an

intervening development that is either completed or under active construction as of

July 19, 1994 between the proposed site of the development and the mean high water

line of any tidal waters;

iii. A commercial development having five or more parking spaces or equivalent

parking area if there is an intervening development that is either completed or under

active construction as of July 19, 1994 between the proposed site of the development

and the mean high water line of any tidal waters; or

iv. A public development or industrial development;

3. A development located in the CAFRA area between a point greater than 150 feet

landward of the mean high water line or any tidal waters or the landward limit of a beach

or dune, whichever is most landward, and a point 500 feet landward of the mean high

water line of any tidal waters or the landward limit of a beach or dune, whichever is most

landward, which is located within the boundaries of a qualifying municipality or which is

located within the boundaries of a city of the fourth class with a population of over

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30,000 persons according to the latest decennial census, that would result, either solely or

in conjunction with a previous development, in:

i. A residential development having 25 or more dwelling units;

ii. A commercial development having 50 or more parking spaces or equivalent parking

area; or

iii. A public development or industrial development;

4. A development located in the CAFRA area beyond 500 feet landward of the mean high

water line of any tidal waters or the landward limit of a beach or dune, whichever is most

landward, and which is located within the boundaries of a qualifying municipality or

which is located within the boundaries of a city of the fourth class with a population of

over 30,000 persons according to the latest decennial census, that would result, either

solely or in conjunction with a previous development, in:

i. A residential development having 75 or more dwelling units;

ii. A commercial development having 150 or more parking spaces or equivalent

parking area; or

iii. A public development or industrial development; and

5. Except as otherwise provided at (a)1, 2,3, or 4 above, a development in the CAFRA area

at a point beyond 150 feet landward of the mean high water line of any tidal waters or the

landward limit of a beach or dune, whichever is most landward, that would result, either

solely or in conjunction with a previous development in:

i. A residential development having 25 or more dwelling units;

ii. A commercial development having 50 or more parking spaces or equivalent parking

area; or

iii. A public development or industrial development.

(b) The Department interprets its obligation and responsibility to regulate development as

defined by CAFRA to include review of the potential impacts of any development, if at least part

of that development is located within the area in which a CAFRA permit is required. Therefore,

if any development requires a CAFRA permit, the Department will review all of the components

of the development, not just those that triggered the regulatory thresholds of CAFRA. In

addition, the Department will review all the components of a development that spans the zones in

(a) above if the total development exceeds a regulatory threshold. The Department interprets the

statutory intent as excluding developments with relatively minor impacts. In addition, the repair

and maintenance of utilities within rights-of-way on beaches and dunes are not development,

provided that all disturbed areas are restored to their pre-disturbance condition. To that end, the

following statutory terms are interpreted to mean the following, for the purposes of this section.

1. The method for determining whether an existing development is an intervening

development is as follows:

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i. For proposed developments other than single family home or duplex and/or

accessory development as described in (b)1ii below, extend a line landward and

perpendicular to the mean high water line from each of the widest shore-parallel

points of the footprint of the existing development (see Appendix B, incorporated

herein by reference). If the proposed development does not fall entirely within these

lines, then the existing development is not considered intervening development.

ii. For a proposed single family home or duplex and/or accessory development (such as

garages, sheds, pools, driveways, excluding shore protection structures) that is not

part of a larger development, extend a line landward and perpendicular to the mean

high water line from each of the widest shore-parallel points of the footprint of the

existing development (see Appendix C, incorporated herein by reference). If the

proposed single family home or duplex and/or accessory development extends

beyond these lines more than 15 feet on either side or a cumulative total of 20 feet,

then the existing development is not considered intervening development.

iii. Existing developments that may be considered intervening development include

above-ground structures such as houses, garages, cabanas or bath houses which are

fully enclosed and serviced by a municipal sewer system, and commercial, industrial

or public buildings provided the above-ground structure received all necessary

Federal, State and local approvals and was:

(1) Completed or under active construction as of July 19, 1994;

(2) Exempt from CAFRA; or

(3) Constructed under a CAFRA permit.

iv. Existing developments that are not considered intervening development include

shore protection structures, seawalls, bulkheads, retaining walls, gabions,

revetments, fences, boardwalks, promenades, patios, decks, carports, prefabricated

sheds without foundations, docks, piers, lifeguard stands, gazebos, swimming pools,

utility lines, culverts, railroads, roadways, sewage pump stations, or seasonal or

temporary structures associated with the tourism industry or constructed under the

general permit for the construction of certain types of temporary and seasonal

developments at hotels and motels, commercial developments, and multi-family

residential developments of 75 units, N.J.A.C. 7:7-6.22.

2. If located in an area other than a beach or a dune, public development is not the

following:

i. The maintenance, repair or replacement (including upgrade) of existing petroleum,

sewage or natural gas pipelines, and associated pump stations and connection

junctions, and electrical substations, located completely within paved roadways or

paved, gravel, or cleared and maintained rights-of-way, provided that the

replacement of sewage pipelines and associated pump stations does not result in an

increase in the associated sewer service area;

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ii. The maintenance, repair, modification, or replacement of sanitary system

components other than pipelines and associated pump stations, including upgrading

of systems from primary to secondary treatment, provided that an increase in

capacity will not result;

iii. The construction, maintenance, repair or replacement (including upgrade) of water

lines, telecommunication and cable television lines, including fiber optic cables,

poles and transfer and/or switching stations associated with telecommunication lines,

provided the transfer and/or switching station is located completely within paved

roadways or paved, gravel, or cleared and maintained rights-of-way. This does not

include the construction of telecommunication towers such as cellular telephone

towers;

iv. The maintenance, repair or replacement of existing and functional railroads and

related structures located completely within cleared and maintained rights-of-way;

v. The maintenance and repair of existing stormwater management facilities which

receive, store, convey or discharge stormwater runoff;

vi. The construction of less than 1,200 linear feet of new stormwater pipes;

vii. The construction or expansion of educational facilities;

viii. The construction of seasonal or temporary structures related to the tourism industry;

ix. The construction, maintenance, repair or replacement of power lines.

3. In addition to the activities identified at (b)2 above, if located more than 150 feet from

the mean high water line of any tidal waters, or the landward limit of a beach or a dune,

whichever is most landward, public development is not the following:

i. The construction of a new road, sanitary sewer pipeline, petroleum pipeline or

natural gas pipeline of less than 1,200 feet in length or the extension of a road,

sanitary sewer pipeline, stormwater management facility, petroleum pipeline or

natural gas pipeline of less than 1,200 feet in length, not to exceed a cumulative total

of 1,200 feet in any one municipality at any one site, unless the construction is

located within a development requiring a CAFRA permit in which case it shall be

considered part of the development for which a permit is required; or

ii. The construction of telecommunication towers such as cellular telephone towers.

4. Equivalent parking areas will be calculated at 270 square feet per parking space, including

one half of the associated aisle area, excluding access drives. This calculation shall apply

to both paved and unpaved parking areas.

5. A development that is used solely for the storage of food or other merchandise, excluding

storage of agrichemical and petroleum products, and that is not associated with any on-

site manufacturing or industrial process and is not specifically included in the definition

of industrial development at N.J.A.C. 7:7-1.5 is considered a “commercial development.”

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6. Municipal or other government administrative, public works, or emergency services

buildings that are not specifically included in the definition of public development at

N.J.A.C. 7:7-1.5 or parks which are publicly owned or controlled are considered

commercial developments.

7. Churches, synagogues or other houses of worship are considered commercial

developments.

8. Development or expansion of existing developments "either solely or in conjunction with

a previous development" is described at (b)8i through iv below. "Previous development"

includes developments that either were previously constructed after September 19, 1973

or developments that previously received a CAFRA permit which remains valid but the

approved development has not yet been built. For the purposes of (b)8i, ii and iii below,

contiguous parcels shall include, but not be limited to, those land areas which directly

abut or are separated by a general access roadway or other right-of-way, including

waterways, or those land areas which are part of a subdivision existing and under

common ownership on or after September 19, 1973.

i. The construction of any residential or commercial development on contiguous

parcels of property, regardless of present ownership, where there is a proposed

sharing of infrastructure constructed to serve those parcels including, but not limited

to, roads, utility lines, drainage systems, open spaces or septic drain fields;

ii. The construction of any residential or commercial development on contiguous

parcels of property which were under common ownership on or after September 19,

1973, regardless of present ownership, or any subdivision or re-subdivision of a

parcel of land which occurred after September 19, 1973;

iii. The construction of any residential or commercial development on contiguous

parcels of property, where there is some shared pecuniary, possessory, or other

substantial common interest by one or more individuals in the units;

iv. The addition of one or more parking spaces or dwelling units or equivalent to any

existing dwelling units or parking spaces or equivalent parking area for which

construction had commenced subsequent to September 19, 1973 where such

addition, when combined with the existing dwelling units or parking area, results in

a total exceeding the regulatory threshold. Any dwelling units or parking areas in

existence on or before September 19, 1973 which have been determined by the

Department to be exempt from the requirements of this subchapter due to on-site

construction on or before September 19, 1973 will not be counted when determining

if a new or expanded development exceeds the regulatory threshold.

(1) The addition of parking spaces by restriping is not regulated.

v. The total number of dwelling units or parking spaces in a new or expanded

development need not be restricted to any single municipal tax block nor to any one

period in time in order to require a permit;

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vi. The construction of a development below the regulatory threshold as defined in this

section, where such construction is part of a larger planned development in which

the total development will exceed the regulatory threshold.

9. Commercial development not located on a beach or a dune and not located within 150

feet of the beach, dune or mean high water line unless there is an intervening

development as described at (b)1 above, excludes development which:

i. Does not cause the number of parking spaces (either solely or in conjunction with

the existing development) to exceed the regulatory threshold of the appropriate zone;

ii. Does not propose development of any new parking spaces, regardless of whether the

total number of existing parking spaces exceeds the regulatory threshold of the

appropriate zone.

10. The elevating of an existing residential, commercial, industrial, or public building on

pilings does not require a CAFRA permit, unless the elevating of the existing building is

associated with an enlargement and such enlargement is not exempt under CAFRA

pursuant to (c)4 below or unless the elevating of the existing building involves

excavation, filling, or grading on a beach or a dune. Additional parking spaces located

under a building elevated in accordance with this paragraph are not counted toward the

parking space or equivalent parking area limits at (a) above.

11. Residential developments which include the offsite construction of more than 1,200

linear feet of new sewer pipelines or roads require a CAFRA permit regardless of the

number of dwelling units. For all other residential developments which are not located on

a beach or dune, whether a CAFRA permit is required is based on the number of dwelling

units proposed only and not the length of roadways or sewer pipelines on-site.

12. The classification or removal from classification of the municipality in which a

development is located as a “qualifying municipality” affects the requirement for a

CAFRA permit for such development as follows:

i. If construction of the development under a valid CAFRA permit has been started and

the municipality in which the development is located either becomes classified or is

removed from classification as a "qualifying municipality," the permittee is obligated

to comply with all conditions of the permit;

ii. If construction of the development under a valid CAFRA permit has not been started

at a time when the municipality in which the development is located is classified as a

"qualifying municipality" such that the development does not require a CAFRA

permit under (a)3 or 4 above, the permittee need not comply with the conditions of

the issued permit;

iii. If construction of the development is started in accordance with all necessary

approvals at a time when the municipality in which the development is located is

classified as a “qualifying municipality” such that the development does not require

a CAFRA permit under (a)3 or 4 above, and if subsequently the municipality is

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removed from classification as a "qualifying municipality," the Department shall not

require a CAFRA permit for the development provided construction continues to

completion with no lapses in construction that cumulatively total one year or more;

iv. If site plan approval is obtained for the development pursuant to the Municipal Land

Use Law (N.J.S.A. 40:55D-1 et seq.) at a time when the municipality in which the

development is located is classified as a "qualifying municipality" such that the

development does not require a CAFRA permit under (a)3 or 4 above, and if

subsequently the municipality is removed from classification as a "qualifying

municipality," the Department shall not, for a period of one year from the date that

the municipality is removed from classification as a "qualifying municipality,"

require a CAFRA permit for the development, provided construction is started

within this one-year period and continues through completion with no lapses in

construction that cumulatively total one year or more;

v. If preliminary subdivision approval is obtained for a residential development

pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), and no

subsequent site plan approval is required, at a time when the municipality in which

the development is located is classified as a "qualifying municipality" such that the

development does not require a CAFRA permit under (a)3 or 4 above, and if

subsequently the municipality is removed from classification as a "qualifying

municipality," the Department shall not, for a period of one year from the date that

the municipality is removed from classification as a "qualifying municipality,"

require a CAFRA permit for the development, provided construction is started

within this one-year period and continues through completion with no lapses in

construction that cumulatively total one year or more;

vi. For the purposes of (b)12iii through v above, construction means having completed

one of the following, as approved as part of the municipal site plan or subdivision

approval:

(1) The foundation for one of the buildings or structures;

(2) The subsurface improvements for the roadways; or

(3) The bedding for utilities.

vii. Development under (b)12iii through v above is limited to the specific project

depicted on the approved site plan or for residential developments only, the specific

project that was the subject of the subdivision approval, namely development of the

subdivision which is consistent with the lot coverage, use and density restrictions of

the zoning ordinances that were in effect at the time of the subdivision approval or

that were authorized by the subdivision approval.

13. Development is not the following:

i. The installation of a wind turbine(s) provided the wind turbine(s) is:

(1) On or structurally attached to a legally existing building;

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(2) Less than 200 feet in height, measured from the ground surface to the tip of the

blade at its highest position;

(3) No greater than 2,000 square feet in cumulative rotor swept area; and

(4) Any portion of the tower of the wind turbine more than 100 feet above the

ground surface is a freestanding monopole;

ii. The installation of a solar panel(s) provided the solar panel(s) is:

(1) On or structurally attached to a legally existing building;

(2) On or structurally attached to a utility pole (electric, telephone, cable and

lighting) within a maintained utility right-of-way or on or structurally attached

to a parking lot light pole;

(3) On legally existing impervious cover unless the solar panel would be located in

a floodway; or

(4) On a sanitary landfill provided the solar panel is authorized under a solid waste

landfill closure and post-closure plan or disruption approval issued by the

Department pursuant to N.J.A.C. 7:26-2A.8 or 2A.9; or

iii. The rehabilitation and use of an existing dredged material management area within

the same footprint.

1. A development which received preliminary site plan approval pursuant to the Municipal

Land Use Law, N.J.S.A. 40:55-1 et seq., or a final municipal building or construction

permit on or before July 19, 1994, provided that construction began by July 19, 1997, and

continues to completion with no lapses in construction activity of more than one year;

i. An exemption under this section is granted only for the specific project depicted on

the approved site plan or described in the building or construction permit.

ii. Any development that required a permit pursuant to CAFRA prior to July 19, 1994,

shall continue to require a CAFRA permit and shall not be exempted under this

section.

iii. For purposes of this paragraph, "construction" means having completed one of the

following as approved as part of the site plan:

(1) The foundation for one of the buildings or structures;

(2) All of the subsurface improvements for roadways;

(3) The installation of all of the bedding materials for utility lines; or

(4) The installation of a well or septic system, for projects which are exempt based

on receipt of a final municipal building or construction permit.

iv. To determine if construction of a development or part of a development began by

July 19, 1997, the Department shall evaluate such proofs as may be provided by the

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applicant, including, but not limited to, the following: documentation that the local

construction official has completed the inspection at N.J.A.C. 5:23-2.18(b)1i(2) or

2.18(b)1i(3) for foundations of buildings or structures; reports from the municipal

engineer documenting inspections of road bed construction; or billing receipts

documenting the completion of the above construction activities.

v. In the event the final municipal building or construction permit expired and the

permit was renewed or a new permit was obtained for the same project, the

development will remain exempt provided construction began by July 19, 1997. In

cases where the municipal approval expired and was renewed or that a new permit

was issued, the Department will require documentation that the new or renewed

permit authorized the same construction as the original permit, and that the currently

authorized construction would not result in additional adverse impacts to any special

areas as defined at N.J.A.C. 7:7-9 that are greater than any adverse impacts

associated with the development authorized before July 19, 1994, and the proposed

construction is either 15 feet inshore of a bulkhead or no closer to the water than the

original approval.

2. A residential development which received preliminary subdivision approval or minor

subdivision approval pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1et seq.,

on or before July 19, 1994, where no subsequent site plan approval is required, provided

that construction began by July 19, 1997, and continues to completion with no lapses in

construction activity of more than one year;

i. An exemption under this section is granted only for the specific project that was the

subject of the subdivision approval, namely development of the subdivision which is

consistent with the lot coverage, use and density restrictions of the zoning

ordinances that were in effect at the time of the subdivision approval or that were

authorized by the subdivision approval.

ii. Any development that required a permit pursuant to CAFRA prior to July 19, 1994,

shall continue to require a CAFRA permit and shall not be exempted under this

section.

iii. For purposes of this paragraph, "construction" means having completed one of the

following as approved as part of the subdivision approval:

(1) The foundation for one of the buildings or structures;

(2) All of the subsurface improvements for roadways; or

(3) The installation of all of the bedding materials for utility lines.

iv. To determine if construction of a development or part of a development began by

July 19, 1997, the Department shall evaluate such proofs as may be provided by the

applicant, including, but not limited to, the following: documentation that the local

construction official completed the inspection at N.J.A.C. 5:23-2.18(b)1i(2) or

2.18(b)1i(3) for foundations of buildings or structures; reports from the municipal

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engineer documenting inspections of road bed construction; or billing receipts

documenting the completion of the above construction activities.

3. The reconstruction of any development which was legally existing on and damaged

subsequent to July 19, 1994 that is damaged or destroyed, in whole or in part, by fire,

storm, natural hazard or act of God, provided that such reconstruction is in compliance

with existing requirements or codes of municipal, State and Federal law; and further

provided that such reconstruction does not result in:

i. The enlargement or relocation of the footprint of the development; or

ii. An increase in the number of dwelling units or parking spaces within the

development.

iii. A relocation landward or laterally may qualify for the exemption at (c)3 above if the

Department determines, in writing, that such a relocation would result in less

environmental impact than the in place reconstruction of damaged or destroyed

development.

iv. Any person requesting a determination concerning relocation landward shall follow

the procedures for an exemption determination at (f)2 below.

v. An increase in the area covered by buildings and/or asphalt or concrete pavement.

4. The enlargement of any building provided that such enlargement does not result in:

i. The enlargement of the footprint of the development; or

ii. An increase in the number of dwelling units or parking spaces associated with the

building;

5. The construction of a patio, deck, or similar structure at a residential development,

provided such construction does not result in the grading, excavation, or filling of a beach

or dune.

i. For the purposes of this paragraph, "similar structure" includes porches, balconies

and verandahs. The exemption for the construction of a patio, deck, porch, balcony

or veranda only remains in effect as long as the patio, deck, porch, balcony or

veranda remains used for the purpose that it was originally constructed. Further, the

exemption shall not include the placement of any structure such as a pool, roof or

enclosure with walls or windows on a patio, deck, porch, balcony or veranda. Such

activities will require a CAFRA permit.

ii. For the purposes of this paragraph, the following shall be considered "similar

structures" at a residential development, provided that their construction does not

include the placement of pilings or placement of a structure on a beach, dune, or

wetland: fences, flower boxes, gardens, a landscape wall (for example, railroad ties)

no more than one foot in height (or a series of walls not to exceed a cumulative total

of one foot in height), satellite dishes and antennas, and wooden boardwalks and

gravel or brick/paver block walkways.

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iii. For the purposes of this paragraph, the following shall also be considered "similar

structures" at a residential development, provided that their construction does not

include the placement of pilings or placement of a structure on a beach, dune,

wetland or coastal bluff: sheds (with a footprint of 120 square feet or less), open

carports, gazebos, propane tanks properly anchored, and showers, spas, hot tubs and

above ground swimming pools (not exceeding 500 square feet of surface area) which

do not discharge to surface waters or wetlands.

iv. For the purposes of this paragraph, the construction of elevated timber or at-grade

dune walkover structures constructed in accordance with Department specifications

found at N.J.A.C. 7:7-10.4(d) and (e)1, 2, and 3, respectively, shall be considered a

“similar structure” at a residential development.

v. For the purposes of this paragraph, the following shall not be considered "similar

structures" at a residential development: swimming pools, garages, retaining walls,

bulkheads, revetments, driveways and associated parking areas, paved yard areas, or

outbuildings, except as provided at (c)5iii above.

6. Services provided, within the existing public right-of-way, by any government entity

which involve:

i. The routine reconstruction, substantially similar functional replacement, or

maintenance or repair of public highways. The paving of an existing unpaved

roadway is not considered to be a substantially similar functional replacement;

ii. Public highway lane widening, intersection and shoulder improvement projects

(including new paving or repaving) which do not increase the number of travel

lanes;

iii. Public highway signing, lighting, guide rail and other nonintrusive safety projects,

including traffic control devices; or

iv. Re-striping of public highways and the addition of toll booths provided that these

activities do not result in any increase in asphalt or concrete pavement.

7. Any development that has an existing, valid CAFRA permit dated prior to July 19, 1994,

provided that construction, as defined at N.J.A.C. 7:7-2.2(c)1iii, begins prior to the

expiration date of the permit and continues with no cumulative lapses in construction

activity of more than one year.

8. The expansion of an existing, functional amusement pier, provided such expansion does

not exceed the footprint of the existing, functional amusement pier by more than 25

percent, and provided such expansion is located in the area beyond 150 feet landward of

the mean high water line, beach or dune, whichever is most landward.

(d) Any exemption based upon on-site construction, as defined at N.J.A.C. 7:7-2.2(c)1iii on or

before September 19, 1973, expired on July 19, 1997.

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(e) A development shall no longer be exempt from the requirement of obtaining a CAFRA

permit if significant changes are made to the development which would void the approvals listed

at (c)1and 2 above, or which would result in additional impacts to special areas, as defined at

N.J.A.C. 7:7-9, which additional impacts are greater than the impacts associated with the

originally exempt development.

(f) Development that is exempt from CAFRA requires no certification or approval from the

Department, except as may be required by other programs administered by the Department. Any

person who wishes may request from the Department a written determination of a development's

exemption from the requirements of this chapter.

1. For an exemption pursuant to (c)1 and 2 above, the following shall be submitted:

i. A folded copy of the approved site plan or subdivision plan, a copy of the resolution

approving the site plan or subdivision, or a copy of the building permit and approved

plan and soil conservation district approval where required;

ii. In the event that the final municipal building or construction permit expired and the

permit was renewed or a new permit was obtained for the same project, the

development will remain exempt provided construction began by July 18, 1997. To

make such a determination, the Department will require documentation that the new

permit authorized exactly the same construction as the original permit, such as a

copy of the original building permit with approved plan and soil conservation district

approval where required and a copy of the new building permit with approved plan

depicting the exact development as the original;

iii. The fee specified at N.J.A.C. 7:7-25.1; and

iv. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from

the Department at the address set forth at N.J.A.C. 7:7-1.6.

2. For an exemption pursuant to (c)3, 4, and 5 above, the following shall be submitted:

i. Plans showing the existing structures and site conditions with locations and

dimensions, and all proposed structures, filling, grading, excavation and clearing;

(1) For exemptions based on fire, storm, natural hazard or Act of God, the site

plans submitted shall also indicate all preexisting structures to be rebuilt.

ii. Photographs of the site;

iii. The fee specified at N.J.A.C. 7:7-25.1; and

iv. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from

the Department at the address set forth at N.J.A.C. 7:7-1.6.

3. For an exemption pursuant to (c)8 above, the following shall be submitted:

i. A description of the location of the amusement pier including county, municipality,

lot(s) and block(s);

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ii. A copy of a site plan showing the location of the existing, functional amusement pier

and the proposed location of the expansion;

iii. Documentation concerning the size of the footprint of the existing functional

amusement pier and the size of the proposed expansion;

iv. Photographs of the site;

v. The fee specified at N.J.A.C. 7:7-25.1; and

vi. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from

the Department at the address set forth at N.J.A.C. 7:7-1.6.

7:7-2.3 Coastal wetlands

(a) Coastal wetlands permits are required for all activities in coastal wetlands delineated and

mapped pursuant to the Wetlands Act of 1970 including, but not limited to:

1. The cultivation and harvesting of naturally occurring agricultural or horticultural

products. This provision shall not apply to the continued production of commercial salt

hay or other agricultural crops on lands utilized for these purposes on or before April 13,

1972;

2. The excavation of an individual mooring slip;

3. The maintenance or repair of bridges, roads, highways, railroad beds or the facilities of

any utility or municipality. This provision shall not apply to emergency repairs

necessitated by a natural disaster or a sudden and unexpected mechanical, electrical or

structural failure. Written notification of such repairs shall be provided to the Program

within seven days after their initiation;

4. The construction of catwalks, piers, docks, landings, footbridges and observation decks;

5. The installation of utilities;

6. Excavation of boat channels and mooring basins;

7. The construction of impoundments;

8. The construction of sea walls;

9. The diversion or appropriative use of water;

10. The use of pesticides, except those applied to the skin or clothing for personal use;

11. Driving or causing to pass over or upon wetlands, any mechanical conveyance which

may alter or impair the natural contour of the wetlands or the natural vegetation; and

12. Filling, excavation or the construction of any structure.

(b) The following activities are prohibited on regulated wetlands:

1. Placing, depositing or dumping any solid waste, garbage, refuse, trash, rubbish or debris;

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2. Dumping or discharging treated or untreated domestic sewage or industrial wastes, either

solid or liquid;

3. Applying any pesticide on areas containing significant stands of high vigor Spartina

alterniflora (Saltmarsh cordgrass), Zizania aquatica (Wildrice), Typha sp. (Cattail), and

Scirpus americanus (common threesquare) as shown generally on wetlands maps;

4. The storage or disposal of pesticides;

5. The application of persistent pesticides.

boundary on the coastal wetlands maps (base map photography dated 1971, 1972) listed in

chapter Appendix D and incorporated herein by reference.

7:7-2.4 Waterfront development

(a) The waterfront area regulated under this chapter varies in width in accordance with the

following:

1. Within any part of the Hackensack Meadowlands District delineated at N.J.S.A. 13:17-4,

the area regulated by this section shall include any tidal waterway of this State and all

lands lying thereunder, up to and including the mean high water line.

2. Within the CAFRA area, the regulated waterfront area shall include any tidal waterway

of this State and all lands lying thereunder, up to and including the mean high water line.

3. In those areas of the State outside both the CAFRA area and outside of the Hackensack

Meadowlands District, the regulated waterfront area shall include:

i. All tidal waterways and lands lying thereunder, up to and including the mean high

water line; and

ii. Adjacent upland areas within 100 feet of the mean high water line. For properties

within 100 feet of the mean high water line that extend inland beyond 100 feet from

the mean high water line, the regulated waterfront area shall extend inland to the

lesser of the following distances:

(1) 500 feet from the mean high water line; or

(2) To the first paved public road, railroad, or surveyable property line that:

(A) Existed on September 26, 1980; and

(B) Generally parallels the waterway.

4. In the 12-mile circle as described at N.J.A.C. 7:7-1.2(c), the regulated waterfront area

shall include the area within the circle and extending outshore of the low-water mark of

the Delaware River consistent with the decree of the United States Supreme Court in

State of New Jersey v. State of Delaware, 552 U.S. 597, 623-24 (2008). The area

landward of the boundary of the 12-mile circle is regulated waterfront area as set forth at

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(a)2 and 3 above.

(b) This chapter shall apply to all man-made waterways and lagoons subject to tidal influence.

waterfront area at or waterward of the mean high water line. In accordance with N.J.A.C. 7:7-

1.2(c), within the 12-mile circle, these development activities require a permit if the development

activity affects New Jersey’s riparian rights. Development activities that affect New Jersey’s

riparian rights include, but are not limited to, the construction, maintenance, and use of wharves

and other riparian improvements appurtenant to the eastern shore of the Delaware River that

extend outshore of the mean low water line or will help to maintain access from the navigable

water to such improvement.

1. The removal or deposition of sub-aqueous materials (for example, dredging or filling).

2. The construction or alteration of a dock (fixed or floating), wharf, pier (including covered

or enclosed structures such as gazebos or sheds located on or above the decking of the

dock, wharf or pier), bulkhead, breakwater, groin, jetty, seawall, bridge, piling, boat lift,

mooring dolphin, pipeline, cable, or other similar structure.

3. The mooring of a floating home for more than 10 consecutive days. Floating homes in

use within the waters of this State prior to June 1, 1984, shall not require a permit.

4. The installation of temporary aids to navigation by any person, if they remain in place for

more than 10 consecutive days.

(d) A permit shall be required for the construction, reconstruction, alteration, expansion, or

enlargement of any structure, or for the excavation or filling of any area, any portion of which is

in the waterfront area as defined in (a) above, with the exceptions listed below:

1. In the waterfront area defined in (a)3 above, the construction, alteration, expansion or

reconstruction of an individual single family dwelling unit or addition to such unit, if

constructed more than 100 feet landward of the mean high water line;

2. In the waterfront area defined in (a)3 above, the reconstruction, conversion, alteration or

enlargement of any existing structure located more than 100 feet landward of the mean

high water line, provided that no change in land use results, and that enlargements do not

exceed 5,000 square feet;

3. In the waterfront area defined in (a)3 above, minor additions to or changes in existing

structures or manufacturing operations that do not result in adverse environmental

impacts to special areas defined at N.J.A.C. 7:7-9, provided the addition is located in an

existing cleared area of the site, and is set back a minimum of 15 feet landward of the

mean high water line, where such changes or additions do not result in a change in the

present land use of the site;

4. In the waterfront area defined in (a)3 above, the installation of a wind turbine(s) provided

the wind turbine(s) is:

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i. On or structurally attached to a legally existing building;

ii. Less than 200 feet in height, measured from the ground surface to the tip of the blade

at its highest position;

iii. No greater than 2,000 square feet in cumulative rotor swept area; and

iv. Any portion of the tower of the wind turbine more than 100 feet above the ground

surface is a freestanding monopole;

5. In the waterfront area defined in (a)3 above, the installation of solar panels provided the

solar panels are:

i. On or structurally attached to a legally existing building;

ii. On or structurally attached to a utility pole (electric, telephone, cable and lighting)

within a maintained utility right-of-way or on or structurally attached to a parking lot

light pole;

iii. On legally existing impervious cover provided the solar panels are not located within

a floodway; or

iv. On a sanitary landfill provided the solar panel is authorized under a solid waste

landfill closure and post-closure plan or disruption approval issued by the

Department pursuant to N.J.A.C. 7:26-2A.8 or 2A.9;

6. The repair, replacement, renovation, or reconstruction, in the same location and size, as

determined in accordance with (d)6i and ii below of the preexisting structure, of any

dock, wharf, pier, bulkhead, or building, legally existing prior to January 1, 1981, that

appears on the applicable Tidelands Map or that appears on the applicable coastal

wetlands map identified pursuant to N.J.A.C. 7:7-2.3(c) and chapter Appendix D or that

received a waterfront development permit subsequent to the date of the Tidelands Map or

coastal wetlands map, as applicable, provided that the repair, replacement, renovation, or

reconstruction is in the same location as the preexisting structure, and does not increase

the size of the structure and the structure is used solely for residential purposes or for the

docking of or servicing of pleasure vessels.

i. The size of a dock or pier over wetlands, a low-profile bulkhead where the top of the

bulkhead is constructed at an elevation below the spring high water line, or a

building over wetlands or water shall be measured in three dimensions, that is,

length, width, and height; and

ii. The size of any dock, wharf, pier, or bulkhead, or building not identified at (d)6i

above shall be measured in two dimensions, that is, length and width;

7. The repair, replacement, renovation, or reconstruction, in the same location and size, as

measured in two dimensions, that is, length and width, of the preexisting structure, of

any floating dock, mooring raft, or similar temporary or seasonal improvement or

structure, legally existing prior to January 1, 1981, that appears on the applicable

Tidelands Map, or that appears on the applicable coastal wetlands map identified

pursuant to N.J.A.C. 7:7-2.3(c) and chapter Appendix D, or that received a waterfront

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development permit subsequent to the date of the Tidelands Map or coastal wetlands

map, as applicable, provided that the repair, replacement, renovation, or reconstruction is

in the same location and size as the preexisting structure, and does not exceed in length

the waterfront frontage of the parcel of real property to which it is attached and is used

solely for the docking of servicing of pleasure vessels; and

8. The redecking and replacement of bridge surfaces provided there is no change in width,

length or height.

(e) Those portions of a dock or pier proposed to be constructed landward of the mean high water

line and in the coastal zone may be subject to the permits-by-rule at N.J.A.C. 7:7-4.4 and 4.5.

(f) Development that is exempt from the Waterfront Development Law requires no certification

or approval from the Department, except as may be required by other programs administered by

the Department. Any person who wishes may request from the Department a written

determination of a development’s exemption from the requirements of this chapter.

1. For a written determination of exemption pursuant to (d)1 and 2 above, the following

shall be submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from

the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The general site location of the development, which shall be identified on a county

or local road map or an insert from a USGS quad map;

iv. The fee specified at N.J.A.C. 7:7-25.1; and

v. A site plan depicting the following:

(1) The location of the proposed construction, reconstruction, alteration,

conversion expansion, or enlargement; and

(2) The location of the mean high water line.

2. For a written determination of exemption pursuant to (d)3 above, the following shall be

submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from

the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The general site location of the development, which shall be identified on a county

or local road map or an insert from a USGS quad map;

iv. The fee specified at N.J.A.C. 7:7-25.1; and

v. A site plan depicting the following:

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(1) The location of the proposed construction, reconstruction, alteration,

conversion expansion, or enlargement;

(2) The location of the mean high water line; and

(3) The limits of all special areas as defined at N.J.A.C. 7:7-9.

3. For a written determination of exemption pursuant to (d)4 above, the following shall be

submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from

the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The fee specified at N.J.A.C. 7:7-25.1;

iv. The total height and rotor swept area of the proposed wind turbine(s); and

v. A site plan depicting the following:

(1) The location of the proposed wind turbine(s);

(2) The height of the wind turbine(s) in relation to the ground surface elevation;

and

(3) Details of the wind turbine monopole.

4. For a written determination of exemption pursuant to (d)5 above, the following shall be

submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from

the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The fee specified at N.J.A.C. 7:7-25.1;

iv. A site plan depicting the following:

(1) The location of the proposed solar panels; and

(2) The floodway, if appropriate; and

v. If located on a sanitary landfill, a copy of the Closure and Post-Closure Care Plan or

modified plan as approved by the Department in accordance with the Solid Waste

Management rules at N.J.A.C. 7:26.

5. For a written determination of exemption pursuant to (d)6 and 7 above, the following

shall be submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from

the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The fee specified at N.J.A.C. 7:7-25.1;

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iv. A copy of the Tidelands instrument (grant, lease or license);

v. If applicable, a copy of any previous waterfront development permit issued for the

structures to be replaced, renovated or reconstructed;

vi. A copy of the applicable portion of the Tidelands Map or coastal wetlands map

showing the location and dimensions of the structures to be replaces, renovated, or

reconstructed;

vii. Photograph(s) of the existing structures labeled as to orientation;

viii. The general site location of the development, which shall be identified on a county

or local road map or an insert from a USGS quad map; and

ix. A site plan showing the location and dimensions of the structures to be replaced,

renovated or reconstructed.

6. For a written determination of exemption pursuant to (d)8 above, the following shall be

submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from

the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The fee specified at N.J.A.C. 7:7-25.1; and

iv. A site plan depicting the location of the existing and proposed bridge surface to be

redecked.

(g) A waterfront development permit is required for the filling of any lands formerly flowed by

the tide, if any filling took place after 1914 without the issuance of a tidelands instrument by the

Department of Environmental Protection and Tidelands Resource Council or their predecessor

agencies, even where such lands extend beyond the landward boundary of the upland area

defined in (a)3 above, or up to and including the mean high water line in the areas defined in (a)1

and 2 above.

1. A waterfront development permit application submitted under this subsection must be

submitted in conjunction with an application for a tidelands instrument.

(h) A waterfront development permit shall not be required for any development or activity in the

upland area defined in (a)3 above and in manmade waterways and lagoons for which on-site

construction, excluding site preparation, was in progress on or prior to September 26, 1980. For

the purpose of this section, “construction, excluding site preparation” does not include clearing

vegetation, bringing construction materials to the site, site grading or other earth work associated

with preparing a site for construction or structures. For the purposes of this section,

“construction, excluding site preparation” does encompass improvements which include, but are

not limited to, paved roads, curbs, and storm drains.

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1. Any person who believes that a proposed development is exempt from the requirements

of this subchapter due to on-site construction may request in writing a determination of

exemption from the Department in accordance with (g)2 below.

2. Exemptions shall be applied for and considered upon submission of information

sufficient for the Department to determine that the physical work specified in (g)1 above

necessary to begin the construction of the proposed development, was actually performed

prior to September 26, 1980 in the area defined in (a)3 above.

i. Any lapse in construction activity of more than one year may be cause for denial of

an exemption request, or where previously exempted, it may be cause for revocation

of such exemption, by the Department.

ii. A finding that a proposed development is exempt from the requirements of this

subchapter shall apply only to the development as conceived and designed prior to

September 26, 1980. Any modification which expands or substantially changes the

exempted development shall require a permit.

7:7-2.5 Obtaining an applicability determination

(a) A person may request a written applicability determination from the Department to

determine the applicability of CAFRA, the Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.),

and/or the Waterfront Development Law (N.J.S.A. 12:5-3 et seq.) to a proposed project. An

applicability determination is optional, but the Department encourages persons to request one if

there is uncertainty about whether a particular activity is regulated, since conducting

unauthorized activities may result in enforcement action.

(b) A person requesting an applicability determination shall submit to the Department, at the

address set forth at N.J.A.C. 7:7-1.6, the following:

1. A completed application form described at N.J.A.C 7:7-27.3(c)1 and available from the

Department at the address set forth at N.J.A.C. 7:7-1.6, including a written description of

the site and the proposed development including the dimensions, number, and uses of any

proposed structures; the length of any proposed linear development; and the number of

any parking spaces proposed;

2. A copy of the site plan or survey for the proposed project; and

3. A copy of a USGS quad map or local street map with the project site clearly indicated.

SUBCHAPTER 3. GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL

PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS

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7:7-3.1 Purpose and scope

This subchapter sets forth the standards for the Department to issue, by rulemaking, permits-by-

rule, general permits-by-certification, and general permits; the use of these permits to conduct

authorized activities; the standards governing the use of more than one of these permits on a

single site; the duration of authorizations under these permits; and the conditions that apply to

these permits.

7:7-3.2 Standards for issuance, by rulemaking, of permits-by-rule, general permits-by-

certification, and general permits

(a) The Department will, in accordance with the rulemaking provisions of the New Jersey

Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., promulgate each permit-by-rule,

general permit-by-certification, or general permit after publication of a notice of rule proposal in

the New Jersey Register and consideration of public comment

(b) The Department will promulgate a permit-by-rule, general permit-by-certification, or general

permit only if all of the following conditions are met:

1. The Department determines that the regulated development will cause only minimal

adverse environmental impacts when performed separately, will have only minimal

cumulative adverse impacts on the environment, and is in keeping with the legislative

intent to protect and preserve the coastal area from inappropriate development;

2. The Department determines that the development will be in conformance with the

purposes of applicable statutes; and

3. The Department has provided public notice and an opportunity for public comment with

respect to the proposed permit-by-rule, general permit-by-certification, or general permit.

After a general permit-by-certification or general permit has been promulgated pursuant

to this subchapter, the Department will not hold public hearings on individual

applications for authorization under a general permit-by-certification or general permit.

specific description of the type(s) of development which are authorized, including limitations for

any single operation, to ensure that the conditions of (b)1 and 2 above are satisfied. At a

minimum, these limitations shall include:

1. The size and type of the development that may be undertaken; and

2. A precise description of the geographic area to which the permit-by-rule, general permit-

by-certification, or general permit applies.

(d) The Department will include in each permit-by-rule, general permit-by-certification, or

general permit promulgated pursuant to this subchapter appropriate conditions applicable to

particular types of sites or development which must be met in order for a proposed development

or activity to qualify for authorization under the permit-by-rule, general permit-by-certification,

or general permit.

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(e) The Department may, by undertaking rulemaking in accordance with (a) above, repeal a

permit-by-rule, general permit-by-certification, or general permit, and thereafter require

individual permits for development previously covered by the permit-by-rule, general permit-by-

certification, or general permit, if it finds that the permit-by-rule, general permit-by-certification,

or general permit no longer meets the purposes of applicable statutes and of this chapter.

7:7-3.3 Use of a permit-by-rule, or an authorization pursuant to a general permit-by-

certification or a general permit to conduct regulated activities

(a) An activity that meets the requirements of a permit-by-rule may be conducted without prior

Department approval, except that activities under the permits-by-rule at N.J.A.C. 7:7-4.4, 4.5,

and 4.9 may be conducted only after the Department has issued the waterfront development

permit that is a necessary condition of those permits-by-rule.

(b) An activity that meets the requirements of a general permit-by-certification may be

conducted when the person proposing to conduct the activity receives the automatic

authorization resulting from completion of the application submission through the Department’s

electronic system in accordance with N.J.A.C. 7:7-5.

person proposing to conduct the activity receives authorization from the Department in

accordance with N.J.A.C. 7:7-26.

(d) A permit-by-rule or an authorization under a general permit-by-certification or general

permit does not relieve the person conducting the authorized regulated activities from the

obligation to obtain any other applicable permits or approvals required by law.

7:7-3.4 Use of more than one permit on a single site

(a) A person may undertake a regulated activity more than once on a single site. The activity

may be authorized each time under a single permit-by-rule, general permit-by-certification, or

general permit, provided the individual limits and conditions of the permit are not exceeded.

(b) A person may undertake more than one regulated activity on a single site. The activities may

be authorized under one or more permit-by-rule, general permit-by-certification and/or general

permit, provided the individual limits and conditions of each permit are not exceeded.

general permit have been reached on a single site:

1. No further activities under that permit can be authorized on that site, regardless of how

much time passes, or whether the site is subsequently subdivided or transferred to a new

owner; and

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2. A person seeking to undertake the regulated activity on that site must obtain an individual

permit under this chapter authorizing the regulated activity.

(d) On a single site, the following may be used in combination with an individual permit:

1. Any permit-by-rule;

2. An authorization under any general permit-by-certification; or

3. An authorization under one or more of the following general permits:

i. General permit 4 for the development of one or two single-family homes or

duplexes, at N.J.A.C. 7:7-6.4;

ii. General permit 5 for the expansion or reconstruction (with or without expansion) of

a single-family home or duplex, at N.J.A.C. 7:7-6.5; or

iii. General permit 12 for the landfall of utilities, at N.J.A.C. 7:7-6.12.

7:7-3.5 Duration of an authorization under a general permit-by-certification

(a) An authorization under a general permit-by-certification is valid for five years from the date

of issuance of the authorization.

(b) The five-year term of an authorization under a general permit-by-certification shall not be

extended.

by-certification shall immediately cease if the authorization expires.

(d) If an authorization under a general permit-by-certification expires and the person intends to

commence or continue the regulated activities, the person shall obtain a new authorization or

permit under this chapter authorizing the regulated activities.

7:7-3.6 Duration of an authorization under a general permit for which an application was

declared complete for review prior to July 6, 2015

(a) This section sets forth the duration of an authorization under a general permit for which the

application was declared complete for review prior to July 6, 2015. The duration of an

authorization under a general permit for which an application is declared complete for review on

or after July 6, 2015 is set forth in N.J.A.C. 7:7-3.7.

(b) An authorization governed by this section is valid for five years from the date of issuance of

the authorization.

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(d) Except where construction has commenced under (e) below, all regulated activities being

conducted pursuant to an authorization governed by this section shall immediately cease if the

authorization expires.

(e) If construction pursuant to an authorization governed by this section was commenced prior

to the expiration of the authorization, construction can continue to completion provided there are

no cumulative lapses in construction activity of greater than one year.

1. For the purposes of this subsection, “construction” means having completed the

foundations for buildings or structures, the subsurface improvements for roadways, or the

necessary excavation and installation of bedding materials for utility lines. To determine

if construction of a development or part of a development has begun, the Department

shall evaluate such proofs as may be provided by the applicant including, but not limited

to, the following: documentation that the local construction official has completed the

inspection at N.J.A.C. 5:23-2.18(b)1i(2) or (b)1i(3) for foundations of structures; reports

from the municipal engineer documenting inspections of road bed construction; or billing

receipts documenting the completion of the above construction activities. “Construction"

does not include clearing vegetation, bringing construction materials to the site, or site

grading or other earth work associated with preparing a site for construction.

(f) If construction pursuant to an authorization governed by this section is not commenced prior

to the expiration of the authorization, construction can commence and subsequently continue

only if a new authorization or permit under this chapter is obtained authorizing the regulated

activity.

7:7-3.7 Duration of an authorization under a general permit for which an application is

deemed complete for review on or after July 6, 2015

(a) This section sets forth the duration of an authorization under a general permit for which the

application is declared complete for review on or after July 6, 2015. The duration of an

authorization under a general permit for which an application was declared complete for review

prior to July 6, 2015 is set forth in N.J.A.C. 7:7-3.6.

(b) Except as provided in (c) below, an authorization governed by this section is valid for five

years from the date of issuance of the authorization.

for five years pursuant to N.J.A.C. 7:7-27.3.

(d) All regulated activities being conducted pursuant to an authorization governed by this

section shall immediately cease if the authorization expires, including any extension thereof

under N.J.A.C. 7:7-27.3.

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(e) If an authorization governed by this section expires and the person intends to commence or

continue the regulated activities, the person shall obtain a new authorization or permit under this

chapter authorizing the regulated activities.

1. If no regulated activities have occurred prior to the expiration of the authorization, the

Department shall issue a new authorization under the general permit only if the project is

revised where necessary to comply with the requirements of this chapter in effect when

the application for the new authorization is declared complete for review;

2. If any regulated activities have occurred prior to the expiration of the authorization, the

Department shall issue a new authorization under the general permit only if the project is

revised where feasible to comply with the requirements of this chapter in effect when the

application for the new authorization is declared complete for review. In determining the

feasibility of compliance with the requirements in effect at the time the application is

declared complete for review, the Department shall consider the amount of construction

that has been completed prior to the expiration of the original authorization, the amount

of reasonable financial investment that has been made in the original design consistent

with the requirements applicable under the original authorization, and whether continuing

construction as approved under the original authorization would have an adverse impact

on the environment.

7:7-3.8 Conditions applicable to a permit-by-rule, or to an authorization pursuant to a

general permit-by-certification or a general permit

(a) A person conducting regulated activities pursuant to a permit-by-rule, or pursuant to an

authorization under a general permit-by-certification or general permit, shall comply with:

1. The conditions set forth in the permit-by-rule, general permit-by-certification, or general

permit itself; and

2. The conditions that apply to all permits at N.J.A.C. 7:7-27.2.

(b) In addition to the conditions that apply to every authorization pursuant to a general permit

under (a) above, the Department shall establish conditions in a specific authorization pursuant to

a general permit, on a case-by-case basis, as required to ensure the authorized regulated activity

meets all applicable requirements of this chapter and its enabling statutes.

SUBCHAPTER 4. PERMITS-BY-RULE

7:7-4.1 Permit-by-rule 1 - expansion of a single-family home or duplex

(a) This permit-by-rule authorizes the expansion of a legally constructed, habitable single-family

home or duplex on the non-waterward sides of the single-family home or duplex, provided the

expansion:

1. Is not proposed on a beach, dune, or wetland;

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2. Meets the requirements of N.J.A.C. 7:7-9.25; and

3. Does not exceed a cumulative surface area of 400 square feet on the property constructed

after July 19, 1994. For example, a 200 square foot expansion of a single family home or

duplex could be authorized under this permit-by-rule and an additional 200 square foot

expansion could later be authorized under this permit-by-rule, since the cumulative

footprint of the development for both expansions would not exceed 400 square feet on the

property. However, a property on which a 300-square-foot expansion was already

constructed pursuant to a permit-by-rule would not be eligible for another permit-by-rule

subsequently for an additional 200-square-foot expansion since the cumulative total

footprint of development for both expansions would exceed 400 square feet.

7:7-4.2 Permit-by-rule 2 - development of a single-family home or duplex and/or accessory

development on a bulkheaded lagoon lot

(a) This permit-by-rule authorizes the development (including expansion or reconstruction and

expansion) of a single-family home or duplex and/or accessory development (such as garages,

sheds, pools driveways, grading, excavation and clearing excluding shore protection structures)

provided the single family home or duplex and accessory development are located on a

bulkheaded lagoon lot and provided the proposed single-family home or duplex and/or accessory

structures comply with all of the following:

1. Development under this permit-by-rule shall not result in development of more than one

single-family home or duplex either solely or in conjunction with a previous development

as defined at N.J.A.C. 7:7-2.2(b)8;

2. The site is located on a man-made lagoon lot, with an existing bulkhead along the entire

waterfront portion of the site;

3. All waterfront portions of the site are protected by a currently serviceable bulkhead;

4. There are no wetlands on the site landward of the bulkhead;

5. The proposed single family home or duplex and accessory structures, excluding decks,

are set back a minimum of 15 feet from the waterward face of the bulkhead. If there is no

alternative to locating the proposed single family home or duplex and accessory

structures at least 15 feet landward of the bulkhead, the setback shall be reduced if an

engineering certification is provided demonstrating that, after the proposed development

has been constructed, the shore protection structure can be replaced within 18 inches of

the existing bulkhead and a conservation restriction is recorded for the property which

states that any reconstruction of a bulkhead shall be within 18 inches of the existing

bulkhead;

6. A silt fence is erected landward of the bulkhead with a 10-foot landward return on each

end prior to construction. This fence shall be maintained and remain in place until all

construction and landscaping activities are completed;

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7. If the development includes the construction of a driveway, any newly constructed

portion of the driveway shall be covered with a permeable material or else be pitched to

drain all runoff onto permeable areas of the site;

8. The development shall meet the requirements of N.J.A.C. 7:7-9.25;

9. The single family home or duplex shall be serviced by an existing municipal sewer

system; and

10. All sub-gravel liners must be made of filter cloth or other permeable material.

7:7-4.3 Permit-by-rule 3 - placement of public safety or beach/dune ordinance signs on

beaches or dunes and placement of signs on beaches or dunes at public parks

(a) This permit-by-rule authorizes the placement of:

1. Public safety or beach/dune ordinance signs on beaches and dunes, provided no footings

are required; and

2. Signs on beaches or dunes at public parks by governmental entities.

7:7-4.4 Permit-by-rule 4 - construction of nonresidential docks, piers, boat ramps, and

decks located landward of mean high water line

(a) This permit-by-rule authorizes the construction of nonresidential docks, piers, and boat ramps

located landward of the mean high water line, provided that a waterfront development permit has

been obtained for the construction waterward of the mean high water line.

(b) The structure shall meet the following requirements:

1. The width of the structure landward of the mean high water line shall not exceed the

width of the structure waterward of the mean high water line; and

2. For docks and piers, the width of the structure over wetlands shall not exceed six feet and

the height of the structure shall be a minimum of four feet.

landward of the mean high water line, provided:

1. The deck is not located on a beach, dune, or wetland;

2. The construction does not require clearing of forest vegetation; and

3. The deck does not exceed a footprint area of 400 square feet.

(d) This permit-by-rule does not authorize a boat ramp located within wetlands.

(e) The waterfront development permit for the construction waterward of the mean high water

line may include additional conditions (including, but not limited to, public access to the

waterfront) on the upland construction to ensure compliance with this chapter.

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7:7-4.5 Permit-by-rule 5 - construction of portion of a recreational dock or pier located

landward of mean high water line

(a) This permit-by-rule authorizes the construction of the portion of a recreational dock or pier

located landward of the mean high water line at a residential development, provided that a

waterfront development permit has been obtained for the construction waterward of the mean

high water line.

(b) The structure shall meet the following requirements:

1. The width of the structure landward of the mean high water line shall not exceed the

width of the structure waterward of the mean high water line; and

2. Over wetlands, the width of the structure shall not exceed six feet and the height of the

structure shall be a minimum of four feet.

line may include additional conditions on the upland construction to ensure compliance with this

chapter. For example, the waterfront development permit may have a condition requiring the

dock to cross the wetlands at the narrowest point on the property or to allow continued access

along the shoreline.

7:7-4.6 Permit-by-rule 6 - reconstruction of a residential or commercial development

within the same footprint

(a) Other than reconstruction within the CAFRA area that meets the exemption from a CAFRA

permit at N.J.A.C. 7:7-2.2(c)3, this permit-by-rule authorizes the reconstruction, within the same

footprint, of a legally constructed residential or commercial development that has been or could

have been legally occupied in the most recent five-year period, provided that such

reconstruction:

1. Is in compliance with existing requirements or codes of municipal, State, and Federal

law;

2. Does not result in the enlargement or relocation of the footprint of the development;

3. In the case of a residential development, does not result in an increase in the number of

dwelling units;

4. In the case of a commercial development, does not result in an increase in the number of

parking spaces or equivalent paved area associated with the development;

5. Meets the requirements of N.J.A.C. 7:7-9.25; and

6. Does not increase the area covered by buildings and/or asphalt or concrete pavement.

(b) This permit-by-rule does not apply to repairs or maintenance of the residential or

commercial development, such as replacing siding, windows or roofs.

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7:7-4.7 Permit-by-rule 7 – expansion or relocation (with or without expansion) landward or

parallel to the mean high water line of the footprint of a residential or commercial

development

(a) This permit-by-rule authorizes the expansion or relocation (with or without expansion)

landward or parallel to the mean high water line of the footprint of a legally constructed

residential development, including accessory development such as sheds, garages, pools, and

driveways, or commercial development that has been or could have been legally occupied in the

most recent five-year period, provided:

1. The expansion or relocation is in compliance with the applicable requirements or codes

of municipal, State and Federal law;

2. Except as provided in (a)8 below, the expansion or relocation is not proposed on a beach,

dune, or wetland;

3. In the case of residential development, the expansion does not result in an increase in the

number of dwelling units;

4. In the case of commercial development, the expansion does not result in an increase in

the number of parking spaces or equivalent parking area associated with the

development;

5. Except as provided in (a)8 below, the expansion or relocation does not result in additional

impacts to special areas as defined at N.J.A.C. 7:7-9;

6. The expansion or relocation meets the requirements of N.J.A.C. 7:7-9.25 and 9.26; and

7. The expansion does not increase the surface area of the footprint of the development by a

cumulative total of more than 400 square feet on the property constructed after July 19,

1994. For an example of how the cumulative total limitation would apply, see (a)3

above.

8. Where the expansion includes structures such as stairs or an ADA-compliant ramp, which

are constructed only for access to a residential or commercial development required to be

elevated pursuant to the New Jersey Uniform Construction Code, N.J.A.C. 5:23, in

accordance with the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, there is no

feasible alternative location for these structures outside of a beach, dune, wetland, or

other special areas as defined at N.J.A.C. 7:7E-3. ADA means the Americans with

Disabilities Act of 1990 (42 USC sect. 1201 et seq.).

7:7-4.8 Permit-by-rule 8 - construction of a utility line attached to a bridge or culvert

(a) This permit-by-rule authorizes the construction of a utility line, including cable (for example,

electric, television, or fiber optic), telecommunication, wastewater, petroleum, natural gas, or

water, attached to a bridge or culvert. This permit-by-rule applies only to that portion of the

utility line that will be constructed across the tidal waterway up to the mean high water line,

provided a tidelands instrument has been obtained for the utility line. The construction of the

utility line shall comply with the following:

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1. No excavation, dredging or filling shall be undertaken within the water body over which

the utility line crosses;

2. The utility line shall be firmly attached to the existing bridge or culvert structure so that no

part of the utility line, its encasement, or any attachment device extends above or below

the existing bridge or culvert structure;

i. If the crossing is a bridge, the utility line, its encasement, and all attachment devices

shall be located entirely above the elevation of the low chord of the superstructure

and entirely below the elevation of the bridge surface;

ii. If the crossing is a culvert, the utility line, its encasement, and all attachment devices

shall be located entirely above the overt elevation of the culvert and entirely below

the elevation of the top of the culvert;

iii. If the utility line is a pipeline that conveys any substance other than potable water,

the utility line shall be sufficiently encased within ductile iron or concrete to protect

the utility line from damage from impact with floating debris during floods; and

iv. If there is a predominant direction of flow within the water body, the utility line shall

be attached to the downstream face of the bridge or culvert;

3. The installation of the utility line shall have no adverse impacts to special areas as

described at N.J.A.C. 7:7-9; and

4. Construction equipment shall be operated from land, the top of the bridge or culvert, or

from barges, and shall under no circumstances be allowed to enter the water body.

(b) This permit-by-rule does not relieve the permittee from the obligation of obtaining all

necessary approvals from the U.S. Army Corps of Engineers.

7:7-4.9 Permit-by-rule 9 - previous filling of tidelands associated with an existing single

family home or duplex

(a) Where a single family home or duplex is proposed or exists on a lot which was previously

filled and is not part of a larger development, the prior filling of any lands on the lot formerly

flowed by the tide shall be considered by the Department to be authorized under this permit-by-

rule, provided the filling appears on the applicable Tidelands Map.

(b) This permit-by-rule applies only if a tidelands instrument has been obtained for all filled

tidelands areas.

7:7-4.10 Permit-by-rule 10 - construction of portion of boat ramp located landward of the

mean high water line at a residential development

(a) This permit-by-rule authorizes the construction of the portion of a boat ramp landward of the

mean high water line at a residential development, provided that a waterfront development

permit has been obtained for the construction waterward of the mean high water line.

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(b) This permit-by-rule does not authorize a boat ramp located within wetlands.

of the boat ramp waterward of the mean high water line.

(d) The waterfront development permit for the construction waterward of the mean high water

line may include additional conditions on the upland construction to ensure compliance with this

chapter.

7:7-4.11 Permit-by-rule 11 - construction and/or installation of a boat wash wastewater

system at a marina, boatyard, or boat sales facility

(a) This permit-by-rule authorizes the construction and/or installation, at a marina, a boatyard, or

a boat sales facility, of a boat wash wastewater system that prevents the discharge of boat wash

wastewater to the waters of the State, including a boat wash wastewater system necessary to

comply with the Equipment and Vehicle Washing provisions of the New Jersey Pollutant

Discharge Elimination System (NJPDES) Basic Industrial Stormwater General Permit

NJ0088315 (5G2) established under the NJPDES rules, N.J.A.C. 7:14A. This permit-by-rule

authorizes the construction of a boat wash wastewater system, including an impervious wash pad

or pads connected to a collection system, reclaim/recycling system, or infrastructure to connect

to an existing sanitary sewer. This permit-by-rule additionally authorizes a sump or other

mechanism to collect the boat wash wastewater, shed(s) to house the treatment system, and/or a

tank(s) to store the wash water for reuse or collection, as applicable for the system utilized. This

permit-by-rule authorizes at any one marina, boatyard, or boat sales facility one to three wash

pads and a maximum of three boat wash wastewater systems.

(b) This permit-by-rule does not relieve a marina, boatyard, or boat sales facility of the

obligation to obtain any other permits from the Department, including a Treatment Works

Approval for a sanitary sewer connection or a Basic Industrial Stormwater General Permit

NJ0088315 (5G2).

1. Be located on the upland portion of the marina, boatyard, or boat sales facility;

2. Be located outside of any wetlands;

3. Include a wash pad that is:

i. Equipped with a pit, trough, trench drain, or settling chamber with sump or similar

type pump;

ii. Bermed or pitched to drain all boat wash wastewater to the pit, trough, trench drain,

or settling chamber;

iii. Less than or equal to a surface area of 1,250 square feet; and

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iv. Connected to a reclaim/recycling system, collection tank to store boat wash

wastewater for reuse or collection/pump out, or a sanitary sewer;

4. If the system has a shed or storage unit to house the boat wash wastewater system, the

shed or storage unit shall be:

i. Used exclusively to house the boat wash wastewater system;

ii. Less than or equal to 150 square feet in size; and

iii. Limited to one shed or storage unit per system; and

5. If the system will discharge to a sanitary sewer, connection shall be to an existing sewer

line located on-site or immediately adjacent to the site.

7:7-4.12 Permit-by-rule 12 - construction of one to three wind turbines less than 200 feet in

height having a cumulative rotor swept area no greater than 2,000 square feet

(a) This permit-by-rule authorizes the construction of one to three wind turbines less than 200

feet in height, measured from the ground surface to the tip of the blade at its highest position, and

having a cumulative rotor swept area no greater than 2,000 square feet, provided:

1. No portion of the wind turbine(s), including blades, tower and site disturbance, shall be

located in, on or over dunes, beaches, wetlands, coastal bluffs, or wild and scenic river

corridors;

2. No wind turbine tower(s) or site disturbance shall be located in floodways;

3. The wind turbine(s), including blades, tower and site disturbance, is set back a minimum

of 50 feet, as measured parallel to the ground:

i. Landward of the mean high water line and the inland limit of any beach or dune.

This setback does not apply to manmade lagoons and manmade ditches; and

ii. From the boundary of any wetlands;

4. No portion of the wind turbine, including blades, tower, and site disturbance, shall be

located within an area mapped as threatened or endangered species habitat on the

Department’s Landscape Maps of Habitat for Endangered, Threatened and Other Priority

Wildlife (Landscape Maps) except as provided at (a)4i and ii below. The Landscape Maps

are available from the Department's Division of Fish and Wildlife, Endangered and

Nongame Species Program at https://www.nj.gov/dep/fgw/ensp/landscape/index.htm;

i. The wind turbine(s) is located within 120 feet of an existing building on an actively

maintained lawn or area of land that has been manipulated by contouring of the soil

and/or by intentional planting of flowers, grasses, shrubs, trees or other ornamental

vegetation, which is maintained in such a condition by regular and frequent (at least

one time per year) cutting, mowing, pruning, planting, weeding or mulching; or

ii. The wind turbine(s) is located on legally existing impervious cover;

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5. If the wind turbine(s) is more than 120 feet tall, measured from the ground surface to the

tip of the blade at its highest position, the tower shall be a freestanding monopole(s); and

6. No lighting shall be placed on or directed at the wind turbine except for lighting required

by the Federal Aviation Administration. Shielded ground level security lighting may be

used. Lighting is shielded when it is covered in a way that light rays are not emitted above

the horizontal plane of the light.

(b) Development under this permit-by-rule shall not result in construction of more than three wind

turbines on a site, either solely or in conjunction with a previous wind turbine development.

7:7-4.13 Permit-by-rule 13 - installation of solar panels on a maintained lawn or

landscaped area at a single-family home or duplex lot

(a) This permit-by-rule authorizes the installation of solar panels on a maintained lawn or

landscaped area at a single-family home or duplex lot, provided:

1. The solar panel development shall not be located in or on dunes, beaches, wetlands,

floodways, or coastal bluffs;

2. The solar panel development shall be set back a minimum of 50 feet from the inland limit

of any wetlands, beach, or dune;

3. The maintained lawn or landscaped area is not subject to a previous coastal permit

requirement that it remain as vegetative cover; and

4. The solar panel development shall not be located within an area mapped as threatened or

endangered species habitat on the Department’s Landscape Maps of Habitat for

Endangered, Threatened and Other Priority Wildlife (Landscape Maps), except as

provided at (a)4i and ii below. The Landscape Maps are available from the Department's

Division of Fish and Wildlife, Endangered and Nongame Species Program at

https://www.nj.gov/dep/fgw/ensp/landscape/index.htm;

i. The solar panel(s) is located within 120 feet of an existing building on an actively

maintained lawn or area of land that has been manipulated by contouring of the soil

and/or by intentional planting of flowers, grasses, shrubs, trees or other ornamental

vegetation, which is maintained in such a condition by regular and frequent (at least

one time per year) cutting, mowing, pruning, planting, weeding or mulching; or

ii. The solar panel(s) is located on legally existing impervious cover.

7:7-4.14 Permit-by-rule 14 – reconfiguration of any legally existing dock, wharf, or pier at

a legally existing marina

(a) This permit-by-rule authorizes the reconfiguration of any legally existing dock, wharf, or

pier, including pilings, located at a legally existing marina, provided the marina is not located

within shellfish habitat, submerged vegetation habitat, or a wetland.

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(b) Activities that qualify for this permit-by-rule also qualify for a water quality certificate

pursuant to Section 401 of the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq.

1. Not extend outside of the area covered by an existing Tidelands instrument;

2. Not result in an increase in the number of boat slips;

3. Not hinder navigation;

4. Not increase the total linear footage of docks or piers within the marina;

5. Minimize the water area covered by structures by:

i. Providing a minimum of eight feet of open water between any docks if the combined

width of the docks over water exceeds eight feet; and

ii. For sites which have existing dock or pier structures exceeding eight feet in width

over water areas and/or wetlands, which were constructed prior to September 1978

and for which the applicant proposes to relocate, the existing oversized structures

must be reduced to a maximum of eight feet in width over water areas and six feet in

width over wetlands and intertidal flats; and

6. Provide a minimum of four feet from all property lines, for docks which are

perpendicular to the adjacent bulkhead or shoreline.

7:7-4.15 Permit-by-rule 15 - placement of sand fencing to create or sustain a dune

(a) This permit-by-rule authorizes the placement of sand fencing to create or sustain a dune,

provided the sand fencing complies with (a)1 through 3 below. This permit-by-rule does not

authorize the excavation or grading of a dune. The sand fencing shall:

1. Be placed on the landward side of the dune;

2. Be placed parallel to the mean high water line; and

3. Not prevent perpendicular public access to the beach.

7:7-4.16 Permit–by-rule 16 - placement of land-based upwellers and raceways for

aquaculture activities

(a) This permit-by-rule authorizes the placement of land-based upwellers and raceways,

including intakes and discharges, for shellfish aquaculture activities. Activities that qualify for

this permit-by-rule also qualify for a water quality certificate pursuant to Section 401 of the

Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq. The aquaculture activities shall comply with

the following:

1. The structures are located on the upland portion of a lot with a legally existing,

functioning bulkhead;

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2. No grading, excavation, filling, or placement of a structure(s) is undertaken on a beach,

dune, or wetland; and

3. The discharge from the aquaculture activities is to a water body and not directly into a

wetland.

7:7-4.17 Permit-by-rule 17 - placement of predator screens and oyster spat attraction

devices within a shellfish lease area

(a) This permit-by-rule authorizes the placement of predator screens and oyster spat attraction

devices in an area subject to a valid shellfish lease pursuant to N.J.S.A. 50:1-23. Upon

expiration or termination of the shellfish lease, or the cessation of the use of predator screens and

oyster spat attraction devices, whichever occurs first, within five days the permittee shall remove

all predator screens and oyster spat attraction devices placed within the lease area. This permit-

by-rule does not authorize the placement of shell within a shellfish lease area. Activities that

qualify for this permit-by-rule also qualify for a water quality certificate pursuant to Section 401

of the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq. The placement of predator screens and

oyster spat attraction devices shall comply with the following:

1. So as not to pose a hazard to navigation, predator screens shall not extend more than six

inches above the substrate and oyster spat attraction devices shall not extend more than 24

inches above the substrate; and

2. No activity undertaken pursuant to this permit-by-rule shall prevent the catching and taking

of free swimming fish from the tidal waters of the State in any lawful manner pursuant to

N.J.S.A. 50:1-33.

7:7-4.18 Permit-by-rule 18 - placement of shellfish cages within a shellfish lease area

(a) This permit-by-rule authorizes the placement of shellfish cages in an area subject to a valid

shellfish lease pursuant to N.J.S.A. 50:1-23. Upon expiration or termination of the shellfish

lease, or the cessation of the use of shellfish cages, whichever occurs first, within five days the

permittee shall remove all shellfish cages placed within the lease area. Activities that qualify for

this permit-by-rule also qualify for a water quality certificate pursuant to Section 401 of the

Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq. The placement of shellfish cages shall

comply with the following:

1. There shall be a minimum of four feet of water between the top of any cage and the water

surface at mean low water;

2. The cages shall be continuously checked and repaired to ensure that they are not

displaced off the lease area;

3. The cages shall be constructed of non-polluting materials; and

4. No activity undertaken pursuant to the permit-by-rule shall prevent the catching and

taking of free swimming fish from the tidal waters of the State in any lawful manner

pursuant to N.J.S.A. 50:1-33.

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7:7-4.19 Permit-by-rule 19 - construction and/or installation of a pumpout facility and/or

pumpout support facilities

(a) This permit-by-rule authorizes the construction and/or installation of a pumpout facility

and/or pumpout support facilities in the circumstances set forth at (a)1 and 2 below. The

construction and/or installation of a pumpout facility or pumpout support facility shall have no

adverse impacts to any special areas described at N.J.A.C. 7:7-9.

1. At a marina, boat yard, boat sales facility, yacht club, restaurant, boat ramp or other

waterfront facility, the construction and/or installation of a pumpout facility and/or the

construction of pumpout support facilities, such as stanchions, hydrants, piping, pumps,

holding tanks, a concrete pad for a holding tank (not to exceed a surface area of 100

square feet), a platform to elevate a pump above flood level, macerator pumps or other

equipment necessary to transfer sewage from the holding tank on a boat to a sanitary

sewer line or holding tank, provided the pumpout discharges to:

i. A municipal or regional treatment plant where practicable;

ii. A subsurface sewage disposal system; or

iii. A holding tank with waste being removed by a licensed septage hauler.

(1) Any facility using a holding tank for the pumpout discharge shall maintain a

record of removal of the waste.

2. A sewer line connecting a pumpout facility and/or pumpout support facility into an

existing sewer line located on-site or located immediately adjacent to the site, provided:

i. The sewer line and the area of the connection into the existing sewer are located

within areas of non-porous cover;

ii. For a sewer line that connects from a pumpout facility and/or pumpout support

facility that is located on an existing dock, the sewer line does not extend below the

stringers of the dock; and

iii. The sewer line receives a Treatment Works Approval as required in accordance with

the Department’s rules at N.J.A.C. 7:14A from the Department’s Division of Water

Quality.

7:7-4.20 Permit-by-rule 20 – implementation of a sediment sampling plan for sampling in a

water area as part of a dredging or dredged material management activity or as part of a

remedial investigation of a contaminated site

(a) This permit-by-rule authorizes the implementation of a sediment sampling plan for sampling

in a water area as part of a dredging or dredged material management activity or as part of a

remedial investigation of a contaminated site. Activities that qualify for this permit-by-rule also

qualify for a water quality certificate pursuant to Section 401 of the Federal Clean Water Act,

U.S.C. 33 §§ 1251 et seq. This permit-by-rule authorizes the implementation of a sediment

sampling plan for sampling to be conducted within a water area described at N.J.A.C. 7:7-12.1,

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as part of a dredging or dredged material management activity or as part of a remedial

investigation, provided:

1. If the sampling is part of a dredging or dredged material management activity, the sediment

sampling plan shall be prepared in accordance with chapter Appendix G, incorporated

herein by reference, and approved in writing by the Department’s Office of Dredging and

Sediment Technology; or

2. If the sampling is part of a remedial investigation of a contaminated site, the sediment

sampling plan shall be prepared in accordance with the Technical Requirements for Site

Remediation, N.J.A.C 7:26E, and approved by the Department or certified by a Licensed

Site Remediation Professional in accordance with the Administrative Requirements for the

Remediation of Contaminated Sites (ARRCS), N.J.A.C. 7:26C.

7:7-4.21 Permit-by-rule 21 – application of herbicide within coastal wetlands to control

invasive plant species

(a) This permit-by-rule authorizes the application of herbicide within coastal wetlands to control

invasive plant species, provided:

1. The area to which the herbicide is applied shall not exceed a total area of one-quarter acre

or less on a site;

2. The activities do not adversely affect the habitat of any threatened or endangered wildlife

or plant species, as described at N.J.A.C. 7:7-9.36; and

3. When conducted within waters of the State or waters of the United States, the activities

are conducted pursuant to an aquatic pesticide permit issued by the Department’s Bureau

of Licensing and Pesticide Operations.

7:7-4.22 Permit-by-rule 22 - construction of a swimming pool, spa, or hot tub and

associated decking on a bulkheaded lot without wetlands

(a) This permit-by-rule authorizes the construction of a swimming pool, spa, or hot tub and

associated decking (for example, wood or recycled plastic planking, concrete, or paver blocks)

on a lot with a legally existing, functioning bulkhead along the entire waterfront portion of the

site and no wetlands landward of the bulkhead, provided:

1. No excavation, grading, or filling of a beach or dune is conducted;

2. The swimming pool, spa, or hot tub is set back a minimum of 15 feet from the waterward

face of the bulkhead;

3. The footprint of the area covered by the current construction in combination with any

existing swimming pool, spa, and/or hot tub, constructed under this permit-by-rule after

July 6, 2015 at a residential development does not exceed a cumulative total of 750

square feet on the lot. For example, a 600-square-foot in-ground swimming pool could

be constructed on a lot under this permit-by-rule and at a later time an additional 150-

square-foot spa or hot tub could be constructed on the lot under this permit-by-rule,

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because the cumulative footprint of the development for both structures would not exceed

750 square feet. However, the construction of a 200-square-foot spa or hot tub would not

be authorized on a lot under this permit-by-rule where a 600-square-foot in-ground

swimming pool had already been constructed pursuant to this permit-by-rule, because the

cumulative total footprint of development for both structures would exceed 750 square

feet;

4. The footprint of the area covered by the current construction in combination with any

existing swimming pool, spa, and/or hot tub, including associated decking, constructed

under this permit-by-rule after July 6, 2015 at a development other than a residential

development does not exceed a cumulative total of 750 square feet on the lot. For

example, a 600-square-foot in-ground swimming pool and associated decking could be

constructed on a lot under this permit-by-rule and at a later time an additional 150-

square-foot spa or hot tub could be constructed on the lot under this permit-by-rule,

because the cumulative footprint of the development for both structures would not exceed

750 square feet. However, the construction of a 200-square-foot spa or hot tub would not

be authorized on a lot under this permit-by-rule where a 600-square-foot in-ground

swimming pool and associated decking had already been constructed pursuant to this

permit-by-rule, because the cumulative total footprint of development for both structures

would exceed 750 square feet;

5. The backwash system of the swimming pool, spa, or hot tub does not discharge to the

adjacent water body;

6. Prior to construction, a silt fence is erected landward of the bulkhead with a 10-foot

landward return on each end. The silt fence shall be maintained and remain in place until

all construction and landscaping activities are completed;

7. All subgravel liners are made of filter cloth or other permeable material; and

8. The swimming pool, spa, or hot tub and associated decking are not constructed on a

coastal bluff.

7:7-4.23 Permit-by-rule 23 – installation of an at-grade dune walkover at a residential,

commercial, or public development other than a single-family home or duplex

(a) This permit-by-rule authorizes the installation of an at-grade dune walkover, such as a

stabilization mat, at a residential, commercial, or public development other than a single-family

home or duplex, provided:

1. Only one walkover is installed at the site unless New Jersey 2012 High Resolution

Orthophotography (available for download at

https://njgin.state.nj.us/NJ_NJGINExplorer/DataDownloads.jsp) reflects that more than

one walkover was present on the site on the date depicted in the image. In such case, the

maximum number of walkovers that may be installed shall be equal to the number of

walkovers reflected on the 2012 orthophotography;

2. The installation does not require the grading or excavation of a beach or dune;

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3. For non-commercial properties, the width of the at-grade walkover structure does not

exceed six feet and the total width of the at-grade walkover, fencing, and/or edging does

not exceed eight feet;

4. For commercial properties, the width of the at-grade walkover structure does not exceed

10 feet and the total width of the at-grade walkover, fencing, and/or edging does not

exceed 12 feet;

5. The walkover is fenced on both sides using sand fencing, split rail fencing, or open

handrails, unless prohibited by the municipality; and

6. The activity complies with any applicable management plan for protection of State or

Federally listed threatened or endangered species, as approved by the Department and the

USFWS, and/or the endangered or threatened wildlife or vegetation species habitat rule,

N.J.A.C. 7:7-9.36.

SUBCHAPTER 5. GENERAL PERMITS-BY-CERTIFICATION

7:7-5.1 General permit-by-certification 10 – reconstruction of a legally existing functioning

bulkhead in-place or upland of a legally existing functioning bulkhead

(a) This permit-by-certification authorizes the reconstruction of a legally existing bulkhead in-

place or upland of a legally existing functioning bulkhead, provided:

1. The replacement bulkhead is located upland of any wetlands;

2. The construction of a bulkhead subject to wave run-up forces (that is, in a V zone as

described at N.J.A.C. 7:7-9.18) shall be designed and certified by a New Jersey licensed

professional engineer to withstand the forces of wave run-up;

3. The structure shall not create net adverse shoreline movement downdrift, including

erosion or shoaling;

4. The construction shall have no adverse impact to any special areas as described at

N.J.A.C. 7:7-9; and

5. Clean fill from an upland source shall be used for backfill.

7:7-5.2 General permit-by-certification 15 – construction of piers, docks, including jet ski

ramps, pilings, and boatlifts in man-made lagoons

(a) This permit-by-certification authorizes the construction of piers, docks, including jet ski

ramps, pilings, and boatlifts in man-made lagoons, provided:

1. The structures shall be located on individual single family or duplex lots and shall be for

recreational or non-commercial use;

2. The structures, including mooring area and mooring piles, shall not extend beyond a

distance of 20 percent of the width of a man-made lagoon;

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3. The width of the dock or pier shall not exceed twice the clearance between the structure

and the surface of the ground below or the water surface at mean high water, except for

floating docks. For example, an eight foot wide dock must be elevated a minimum of

four feet above the water surface at mean high water;

4. The maximum width of the structure shall be eight feet, except where crossing wetlands,

where the proposed structure shall be constructed perpendicular to the shoreline to access

sufficient water depth and shall not exceed six feet in width. In any case, the height of

the structure over wetlands shall be a minimum of four feet;

5. Any wetlands disturbed during construction shall be restored to pre-project conditions;

6. The proposed structure, including mooring area and mooring piles, does not hinder

navigation or access to adjacent docks, piers, moorings, or water areas;

7. A minimum of eight feet of open water shall be provided between any docks including jet

ski ramps, if the combined width of any existing or proposed docks over the water

exceeds eight feet;

8. For docks which are perpendicular to the adjacent bulkhead or shoreline, construction

and placement of the dock shall be a minimum of four feet from all property lines;

9. The space between horizontal planking is maximized and the width of horizontal

planking is minimized to the maximum extent practicable. Under normal circumstances,

a minimum of 3/8 inch, 1/2 inch, 3/4 inch, or one inch space is to be provided for four

inch, six inch, eight to 10 inch, or 12 inch plus wide planks, respectively;

10. Jet ski ramps are inclined floating docks which are typically attached to existing docks

for the purpose of docking jet skis. Jet ski ramps shall not exceed eight feet in width; and

11. For sites which have existing dock structures exceeding eight feet in width over water

areas and/or wetlands, which were constructed prior to September 1978 and for which the

applicant proposes to increase the coverage over the water area or wetland by increasing

the number or size of boat slips, docks, or piers, the existing oversized structures shall be

reduced to a maximum of eight feet in width.

7:7-5.3 General permit-by-certification 1A – installation of an elevated timber dune

walkover at a residential, commercial, or public development other than a single-family

home or duplex

(a) This general permit-by-certification authorizes the installation of an elevated timber dune

walkover at a residential, commercial, or public development other than a single-family home or

duplex, provided:

1. Only one walkover is installed at the site unless New Jersey 2012 High Resolution

Orthophotography (available for download at

https://njgin.state.nj.us/NJ_NJGINExplorer/DataDownloads.jsp) reflects that more than

one walkover was present on the site on the date depicted in the image. In such case, the

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maximum number of walkovers that may be installed shall be equal to the number of

walkovers reflected on the 2012 orthophotography;

2. The construction of elevated timber dune walkover is in accordance with the standards

and specifications described in Beach Dune Walkover Structures (Florida Sea Grant,

1981) available from the Department at the address set forth at N.J.A.C. 7:7-1.6;

3. For non-commercial properties, the width of the walkover structure does not exceed six

feet and the total width of the elevated timber walkover, fencing, and/or edging not to

exceed eight feet;

4. For commercial properties, the width of the walkover structure does not exceed 10 feet

and the total width of the walkover, fencing, and/or edging not to exceed 12 feet; and

5. The activity complies with any applicable management plan for protection of State and

Federally listed threatened or endangered species, as approved by the Department and the

USFWS, and/or the endangered or threatened wildlife or vegetation species habitat rule,

N.J.A.C. 7:7-9.36.

SUBCHAPTER 6. GENERAL PERMITS

7:7-6.1 General permit 1 - amusement pier expansion

(a) This general permit authorizes the expansion of an existing, functional amusement pier

provided that the expansion complies with the following:

1. The amusement pier was existing and functional as of July 19, 1993;

2. The expansion does not exceed by more than 25 percent the footprint of the amusement

pier as it existed on July 19, 1993;

3. The expansion is located more than 150 feet landward of the mean high water line;

4. The expansion will not eliminate or adversely affect existing, direct public access from

the boardwalk to the beach, unless for each access point eliminated or adversely affected

another access point is provided immediately adjacent to the expanded amusement pier;

5. The expansion includes a provision for public seating and viewing at the terminal end of

the expansion;

6. The expansion may consist of either structures or beach grading which does not result in

change in existing beach elevations of more than one foot;

7. The expansion shall not result in excavation or grading of a dune;

8. The expanded amusement pier shall continue to be used only for amusements;

9. The expansion is consistent with the Water Quality Management Plan adopted pursuant

to N.J.A.C. 7:15; and

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10. Public access shall be provided in accordance with the lands and waters subject to public

trust rights rule, N.J.A.C. 7:7-9.48, and the public access rule, N.J.A.C. 7:7-16.9.

7:7-6.2 General permit 2 – activities on a beach and dune

(a) This general permit authorizes the following activities on a beach and dune:

1. Routine beach maintenance activities performed in accordance with N.J.A.C. 7:7-10.2;

2. Emergency post-storm beach restoration performed in accordance with N.J.A.C. 7:7-

10.3;

3. Dune creation and maintenance performed in accordance with N.J.A.C. 7:7-10.4; and

4. The construction of dune walkovers constructed in accordance with N.J.A.C. 7:7-10.4(e)

and(f).

(b) The activity shall not be conducted in any wetlands.

to public trust rights rule, N.J.A.C. 7:7-9.48, and the public access rule, N.J.A.C. 7:7-16.9.

(d) The activity is conducted in accordance with the Operation and Maintenance Manual

associated with the Federal or State project, or where such manual does not exist, the activity

does not compromise the design template of the engineered beach and/or dune.

(e) The activity complies with any applicable management plan for protection of State and

Federally listed threatened or endangered species, as approved by the Department and the

USFWS, and/or the endangered or threatened wildlife or vegetation species habitat rule, N.J.A.C.

7:7-9.36.

(f) As of November 5, 2015, the Department shall not approve authorization under this general

permit to any municipality that does not have a Department-approved municipal public access

plan in accordance with N.J.A.C. 7:7-16.9(c) through (m).

7:7-6.3 General permit 3 - voluntary reconstruction of certain residential or commercial

development

(a) This general permit authorizes the voluntary reconstruction of a non-damaged legally

constructed, currently habitable residential or commercial development landward of the existing

footprint of development provided:

1. Such reconstruction is in compliance with existing requirements or codes of municipal,

State and Federal law;

2. The reconstruction does not result in the enlargement of the footprint of the development;

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3. In the case of residential reconstruction, the reconstruction does not result in an increase

in the number of dwelling units;

4. In the case of commercial reconstruction:

i. The reconstruction does not result in an increase in the number of parking spaces or

equivalent parking area associated with the development; and

ii. The development is consistent with the Water Quality Management Plan adopted

pursuant to N.J.A.C. 7:15;

5. The reconstruction does not result in additional impacts to special areas as defined at

N.J.A.C. 7:7-9;

6. The reconstruction does not increase the area covered by buildings and/or asphalt or

concrete pavement;

7. The reconstruction meets the requirements of N.J.A.C. 7:7-9.25 and 9.26; and

8. Public access shall be provided in accordance with the lands and waters subject to public

trust rights rule, N.J.A.C. 7:7-9.48, and the public access rule, N.J.A.C. 7:7-16.9.

(b) Authorization under this general permit is not required for repairs or maintenance, such as

replacing siding, windows, or roofs which is not regulated, unless the repair or maintenance is

associated with an expansion of the footprint of development.

7:7-6.4 General permit 4 - development of one or two single-family homes or duplexes

(a) This general permit authorizes the development of one or two single-family homes or

duplexes and/or accessory development (such as garages, sheds, pools, driveways, grading,

filling, and clearing, excluding shore protection structures), provided the one or two single-

family homes or duplexes and accessory development are located landward of the mean high

water line.

(b) Development under this general permit shall not result in the development of more than two

single-family homes or duplexes either solely or in conjunction with a previous development as

defined at N.J.A.C. 7:7-2.2(b)8.

Flood hazard areas; 9.27, Wetlands; 9.28, Wetland buffers; and 9.36, Endangered or threatened

wildlife or vegetation species habitats.

(d) Development under this general permit within a riparian zone, as defined in the Flood Hazard

Area Control Act Rules at N.J.A.C. 7:13-1.2 and in this chapter at N.J.A.C. 7:7- 9.26, shall

comply with the following requirements:

1. No disturbance is located within 25 feet of any top of bank, unless the project lies

adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a tidal water

or impounded fluvial water;

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2. Within a 50-foot riparian zone, no more than 3,500 square feet of riparian zone

vegetation is cleared, cut, and/or removed; and

3. Within a 150-foot or 300-foot riparian zone, no more than 7,000 square feet of riparian

zone vegetation is cleared, cut, and/or removed.

(e) In addition to meeting the requirements at (c) and (d) above, the development of two single-

family homes or duplexes under this general permit on filled water's edge sites that have

included a water dependent use at any time since July of 1977, shall comply with N.J.A.C. 7:7-

9.23(g) of the filled water’s edge rule.

(f) Development under this general permit shall comply with N.J.A.C. 7:7-9.16, Dunes, except as

provided under (f)1 or 2 below:

1. Development that is located on the landward slope of a secondary or tertiary dune

described at (f)1ii below, whichever is most landward, need not comply with the dunes

rule, N.J.A.C. 7:7-9.16, if the site and the development meet all of the following

conditions:

i. The area of the site proposed to be developed is located greater than 500 feet

landward of the mean high water line of the adjacent water body;

ii. The cross-sectional area of the primary frontal dune waterward of the proposed

development, as measured above the 100-year stillwater elevation and waterward of

the primary frontal dune crest, is greater than 1,100 square feet. For the purpose of

this subparagraph, primary frontal dune means a continuous or nearly continuous

mound or ridge of sand with relatively steep waterward and landward slopes

immediately landward of and adjacent to the beach, and subject to erosion and

overtopping from high tides and waves during major coastal storms. Secondary and

tertiary dunes means the second and third dune mound or ridge, respectively,

landward from and adjacent to the primary frontal dune;

iii. The beach area adjacent to the proposed development is either naturally stable

without beach nourishment or naturally accretional without beach nourishment, as

determined using the method described at N.J.A.C. 7:7-9.19, Erosion hazard areas,

and the information in the Department’s Geographic Information System (GIS)

database as found in the Historical Shorelines coverage 1836-1986; and

iv. The site disturbance, including grading, excavation and vegetation removal, is

limited to that necessary to develop the single family home or duplex and/or

accessory structures; or

2. Development that is located on a dune which is isolated from a beach and dune system by

a paved public road, public seawall or public bulkhead, existing on July 19, 1993, need

not comply with the dunes rule, N.J.A.C. 7:7-9.16, if the site and the development meet

all of the following criteria:

i. The road, seawall, or bulkhead is of sufficient size to be designated as the V zone

boundary on the applicable FEMA flood mapping;

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ii. The road, seawall or bulkhead has eliminated the protective function of the isolated

dune, by providing a significant barrier to coastal processes, including storm waves

and flooding;

iii. The road, seawall or bulkhead is functional and is currently maintained by a public

entity;

iv. The area of proposed construction is designated as an A zone, B zone, or C zone on

the applicable FEMA flood mapping;

v. The site disturbance, including grading, excavation and vegetation removal, is

limited to that necessary to develop the single family home or duplex and/or

accessory structures; and

vi. The proposed development does not include the construction of a shore protection

structure.

(g) Development under this general permit shall comply with N.J.A.C. 7:7-9.29, Coastal bluffs,

if the site is located on the Atlantic Ocean, Delaware Bay, Raritan Bay, or Sandy Hook Bay.

Coastal bluffs are defined at N.J.A.C. 7:7-9.29(a). If the site is not located on one of the four

water bodies listed above, the development shall comply with the setback requirements at (n)1

below, unless the development meets either (g)1 or 2 below:

1. The development is located in the "developed bluff area." For the purposes of this

paragraph, a "developed bluff area" is an area delineated by the limit of existing buildings,

in-ground pool or tennis court that existed on July 19, 1993; or

2. The development on the coastal bluff is located landward of the developed bluff area as

defined at (g)1 above, and does not exceed the cumulative surface area of the developed

bluff area on the site. If all or part of the proposed development on the coastal bluff is

located landward of the existing developed bluff area, an equivalent area of the existing

developed bluff area shall be restored through the planting of native woody vegetation

species.

(h) Development under this general permit shall comply with N.J.A.C. 7:7-9.18, Coastal high

hazard areas, and 9.19, Erosion hazard areas, except as excluded under (h)1 below;

1. Development under this general permit that is located on a site partially or completely

within an erosion hazard area or coastal high hazard area need not comply with the

coastal high hazard areas rule, N.J.A.C. 7:7-9.18, and the erosion hazard areas rule,

N.J.A.C. 7:7-9.19, if:

i. The lot was shown as a subdivided lot prior to July 19, 1993;

ii. The lot is served by a municipal sewer system; and

ii. A house or commercial building is located within 100 feet of each of the lot lines

that run roughly perpendicular to the mean high water line. The 100 feet shall be

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measured outward from each lot line, along a line generally parallel to the mean high

water line;

(i) Public access shall be provided in accordance with the public trust rights rule, N.J.A.C. 7:7-

9.48, and the public access rule, N.J.A.C. 7:7-16.9.

(j) The use of plastic under landscaped or gravel areas is prohibited. All sub-gravel liners shall be

made of filter cloth or other permeable material.

(k) Any driveway shall be covered with a permeable material or else shall be pitched to drain all

runoff onto permeable areas of the site.

(l) For a wooded site, site clearing shall be limited to an area no more than 20 feet from the

footprint of the single family home or duplex and the area necessary for driveway, septic, and

utility line installations.

(m) For a site adjacent to or including surface water bodies or wetlands, a silt fence with a 10-

foot landward return shall be erected at the limit of disturbance along the waterward and wetland

sides of the development before construction begins. This fence shall be maintained and remain

in place until all construction and landscaping is completed.

(n) Development under this general permit shall comply with the following setbacks:

1. On a site with coastal bluffs that is not located on the Atlantic Ocean, Delaware Bay,

Raritan Bay or Sandy Hook Bay, the single family home or duplex and/or accessory

structures shall be set back a minimum of 10 feet from the crest of the bluff provided that

the development will not result in a loss of stability of the bluff or vegetation on the bluff

face. Any structure that requires excavation shall be set back one foot beyond the 10 foot

setback for every foot of excavation below existing grade;

2. On an oceanfront site with existing or proposed shore protection structures, the single

family home or duplex and/or accessory structures (except decks) shall be set back at

least 25 feet from existing or proposed oceanfront shore protection structures. This

distance shall be measured from the waterward face of a bulkhead or seawall and from

the top of slope on the waterward face of the revetment. This setback shall not apply to

below grade structures;

3. On a non-oceanfront site with existing or proposed shore protection structures, the single-

family home or duplex and/or accessory structures (except decks) shall be set back

at least 15 feet from existing or proposed shore protection structures. If the single-family

home or duplex and/or accessory structures cannot be located at least 15 feet landward of

the shore protection structure, the Department shall reduce the required setback if an

engineering certification is submitted demonstrating that, after the proposed development

has been constructed, the shore protection structure can be replaced within 18 inches of

the existing shore protection structure and a conservation restriction that complies with

N.J.A.C. 7:7-18 is recorded for the property which states that any reconstruction of a

THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT’S RULES

ARE COMPILED IN TITLE 7 OF THE NEW JERSEY ADMINISTRATIVE CODE.

shore protection structure shall be within 18 inches of the existing shore protection

structure. A site with coastal bluffs shall instead comply with (n)1 above.

(o) This general permit does not authorize any activities regulated under the Wetlands Act of

1970, N.J.S.A. 13:9A-1 et seq.

7:7-6.5 General permit 5 - expansion, or reconstruction (with or without expansion), of a

single-family home or duplex

(a) This general permit authorizes the expansion, or reconstruction (with or without expansion),

of a legally constructed, habitable single-family home or duplex and/or accessory development

(such as garages, sheds, pools, driveways, grading, excavation, and clearing, excluding shore

protection structures), provided the single-family home or duplex and accessory structures are

located landward of the mean high water line, and provided the single-family home or duplex is

not located on a bulkheaded lagoon lot.

(b) Development under this general permit shall not result in development of more than one

single-family home or duplex either solely or in conjunction with a previous development as

defined at N.J.A.C. 7:7-2.2(b)8.

9.25, Flood hazard areas; 7:7-9.26, Riparian zones; 7:7-9.27, Wetlands; 7:7-9.28, Wetland

buffers; and 7:7-9.36, Endangered or threatened wildlife or vegetation species habitats.

(d) Development under this general permit shall comply with N.J.A.C. 7:7-9.16, Dunes, except

as provided under (d)1 through 4 below:

1. Development that is located on the landward slope of a secondary or tertiary dune

described at (d)1ii below, whichever is most landward, need not comply with the dunes