New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7-2.2 - CAFRA

Current through Register Vol. 56, No. 14, July 15, 2024
(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 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.