reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.47 - Atlantic City

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Atlantic
				City is those lands within the municipal boundary of the City of Atlantic
				City.
(b) "Casino hotels" are
				hotels with casinos as provided for in the Casino Control Act ( P.L. 1977,
				c.100, as amended).
1. Casino hotel
				development in Atlantic City shall be located in the city's traditional resort
				area (along the Boardwalk), and in the State Marina area to the maximum extent
				practicable. For the purpose of this section, the State Marina area is the area
				bounded by Clam Creek, Absecon Inlet, Clam Thorofare, Penrose Canal, Absecon
				Boulevard, Huron Avenue, and Maryland Avenue to Magellan Avenue, across Delta
				Basin.
i. Casino hotel development is
				discouraged in existing residential areas and in areas where access by public
				transportation between the proposed hotel-casino and the Boardwalk is
				limited.
ii. Casino hotel
				development is discouraged along the access highways to Atlantic City that is,
				along the entire Atlantic City Expressway, Route 40 north and west of Beach
				Thorofare and Route 30 northwest of Penrose Canal.
iii. Casino development is encouraged in
				Atlantic City to ensure that the objectives of the 1976 constitutional
				referendum on casino gambling, including the stimulation of new construction
				and the revitalization of Atlantic City and its region, are achieved.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.49 - Dredged material management areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				dredged material management area is an area documented through historical data,
				including, but not limited to, aerial photography, historic surveys, and/or
				previously issued permits, as having been previously used for the placement of
				sediment associated with the dredging of State and/or Federal navigation
				channels and marinas.
(b)
				Development that changes the land use of a dredged material management area
				owned by a State or Federal agency is discouraged.
(c) Development that changes the land use of
				a dredged material management area owned by a person, entity, or local
				governmental entity is conditionally acceptable provided the Department
				determines that:
1. The previous use of the
				area was for the one-time placement of dredged material or the dredged material
				management area is not located within hydraulic pumping distance of a State or
				Federal navigation channel; and
2.
				The purchase of the property by the State for use as a dredged material
				management area is not feasible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 10 - STANDARDS FOR BEACH AND DUNE ACTIVITIES › Section 7:7-10.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the standards
				applicable to routine beach maintenance, emergency post-storm restoration, dune
				creation and maintenance, and construction of boardwalks. These standards are
				referenced at
				7:7-9.16, Dunes;
				7:7-9.17, Overwash areas;
				7:7-9.19, Erosion hazard areas;
				7:7-9.22, Beaches; and
				7:7-15.11, Coastal engineering. In
				addition, 7:7-10.2, 10.3, and 10.4 are the
				standards for the general permit for beach and dune maintenance activities,
				7:7-6.2. The standards in this
				subchapter are organized as follows:
1. The
				standards applicable to routine beach maintenance, including debris removal and
				clean-up; mechanical sifting and raking; maintenance of access ways; removal of
				sand from street ends, boardwalk promenades and residential properties; repairs
				or reconstruction of existing gazebos and dune walkover structures; and limited
				sand transfers from the lower beach to the upper beach or alongshore, are found
				at 7:7-10.2;
2. The standards that apply to the
				restoration of all beaches that are impacted by coastal storms with a
				recurrence interval to or exceeding a five-year storm event are found at
				7:7-10.3;
3. The standards for dune creation and
				maintenance, including the placement and/or repair of sand fencing, the
				planting and fertilization of appropriate dune vegetation, the maintenance and
				clearing of beach access pathways less than eight feet in width, and the
				construction or repair of approved dune walkover structures are found at
				7:7-10.4; and
4. The standards for construction of
				boardwalks along tidal shorelines are found at
				7:7-10.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 10 - STANDARDS FOR BEACH AND DUNE ACTIVITIES › Section 7:7-10.3 - Standards applicable to emergency post-storm beach restoration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section on emergency post-storm beach restoration will apply to all beaches
				which are impacted by coastal storms with a recurrence interval equal to or
				exceeding a five-year storm event. Emergency post-storm beach restoration
				projects not specifically identified in this section may be authorized by the
				Department through an emergency authorization pursuant to N.J.A.C. 7:7-21 if
				the Department determines that there is an imminent threat to lives or
				property.
(b) Beach restoration
				activities, as part of an emergency post-storm recovery, include: the placement
				of clean fill material with grain size compatible with (or larger than) the
				existing beach material; the bulldozing of sand from the lower beach profile to
				the upper beach profile; the alongshore transfer of sand on a beach; the
				placement of concrete, rubble, or rock; and the placement of sand filled
				geotextile bags or tubes.
(c) The
				emergency post-storm beach restoration activities in (b) above should be
				designed and implemented as a means to restore the beaches to the pre-storm
				condition, or to restore the beaches to a level sufficient to provide
				protection from a storm event with a minimum recurrence interval of five years
				(five-year storm protection). For the purpose of this section, five-year storm
				protection equates to a minimum 30-foot wide berm at elevation +8 Mean Sea
				Level (NAD, 1983). Restoration beyond the pre-storm beach condition is
				encouraged by the Department, but will not be considered "emergency post-storm
				beach restoration," pursuant to this section.
(d) The bulldozing of sand from the lower
				beach profile to the upper beach profile, as part of an emergency post-storm
				beach restoration plan, is acceptable, in accordance with the following
				standards:
1. Bulldozing is limited to the
				beach area landward of the low water line. Removal of material from below the
				low water line is considered dredging, and is not authorized pursuant to this
				section; and
2. The beach face
				cannot be graded to a slope steeper than one vertical to three
				horizontal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 10 - STANDARDS FOR BEACH AND DUNE ACTIVITIES › Section 7:7-10.4 - Standards applicable to dune creation and maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Dune
				creation and maintenance includes the placement and/or repair of sand fencing
				(including wooden support posts), the planting and fertilization of appropriate
				dune vegetation, the maintenance and clearing of beach access pathways less
				than eight feet in width, and the construction or repair of approved dune
				walkover structures. Bulldozing, excavation, grading, vegetation removal or
				clearing, and relocation of existing dunes are not authorized pursuant to this
				section.
(b) All dune creation and
				maintenance activities should be conducted in accordance with the
				specifications found in Guidelines and Recommendations for Coastal Dune
				Restoration and Creation Projects (DEP, 1985), and/or Restoration of Sand Dunes
				Along the Mid-Atlantic Coast (Soil Conservation Service, 1992). The Department
				will provide site specific technical assistance for dune creation and
				maintenance projects, upon request.
(c) All proposed dune vegetation shall be
				native to New Jersey and should be limited to the following coastal species, to
				the maximum extent practicable: American Beachgrass (Ammophila breviligulata),
				Coastal Panicgrass (Panicum amarulum), Bayberry (Myrica pensylvanica), Beach
				Plum (Prunus maritima), Seaside Goldenrod (Solidago sempervirens), Beach Pea
				(Lathyrus japonicus), Bitter Panicgrass (Panicum amarum), Switchgrass (Panicum
				virgatum), Partridge Pea (Chamaecrista fasiculata), Eastern red cedar
				(Juniperus virginiana), Groundsel tree (Baccharis halimifolia), and Saltmeadow
				cordgrass (Spartina patens).
1. American
				beachgrass is the preferred species for the stabilization of newly established
				dunes, and for stabilization of the primary frontal dune. Woody plant species
				are suitable for back dune and secondary dune environments. Herbaceous plant
				species are preferred as supplemental plantings for all dune areas.
2. Dune vegetation should be diversified to
				the maximum extent practicable, in an effort to provide continuous
				stabilization in the event that pathogens reduce or eliminate the effectiveness
				of one species. A complex of associated grasses, herbaceous species, and woody
				species is preferred to the planting of one species.
3. A landscape plan is required as part of
				any dune creation activity. The landscape plan shall depict the proposed
				vegetative community on the dune and include:
i. The species and quantity of each species
				to be planted;
ii. The spacing of
				all plantings;
iii. The stock type
				(plugs, potted, seed); and
iv. The
				source of the plant material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 10 - STANDARDS FOR BEACH AND DUNE ACTIVITIES › Section 7:7-10.5 - Standards applicable to the construction of boardwalks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				construction of oceanfront or bayfront boardwalks should address a number of
				engineering concerns related to structural support, resistance to vertical and
				horizontal water and wind loads, and scouring. The construction of boardwalks
				along tidal shoreline is acceptable, in accordance with the following
				standards:
1. All timber support piles shall
				be a minimum of eight inches in diameter;
2. Support piles should be driven to a depth
				of at least 10 feet (mean sea level), for all V zone locations. In A zones, the
				depth of penetration should be at least five feet (mean sea level);
3. The method for insertion of piles should
				be a pile driver or drop hammer;
4.
				All support joists and timber connections should be anchored through the use of
				hurricane clips or metal plates; and
5. All metal fasteners, including but not
				limited to bolts, screws, plates, clips, anchors and connectors, shall be hot
				dipped galvanized.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › 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 › Section 7:7-11.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter sets forth the standards for conducting an endangered or threatened
				wildlife or plant species habitat impact assessment and for conducting an
				endangered or threatened wildlife species habitat evaluation. One or both must
				be employed by an applicant seeking to demonstrate compliance with or
				inapplicability of
				7:7-9.36 when the site contains or
				abuts areas mapped as endangered or threatened wildlife species habitat on the
				Landscape Maps. This subchapter also sets forth the standards for reporting the
				results of an endangered or threatened wildlife or plant species habitat impact
				assessment and an endangered or threatened wildlife species habitat
				evaluation.
(b) An endangered or
				threatened wildlife or plant species habitat impact assessment is required to
				demonstrate that endangered or threatened wildlife or plant species habitat as
				defined at 7:7-9.36(a)  would
				not, directly or through secondary impacts on the relevant site or in the
				surrounding area, be adversely affected by the proposed development. The
				standards for conducting an impact assessment pursuant to
				7:7-9.36(b), (d), and
				(e) are found at
				7:7-11.2.
(c) Pursuant to
				7:7-9.36(c), an
				endangered or threatened wildlife species habitat evaluation is required to
				demonstrate that a site does not contain suitable endangered or threatened
				wildlife or plant species habitat, as defined at
				7:7-9.36(a). The
				standards for conducting an evaluation are found at
				7:7-11.3.
(d) The reporting requirements for habitat
				evaluations and impact assessments are found at
				7:7-11.4.
(e) Rationale: Endangered and threatened
				wildlife and plant species habitat is considered a special area under
N.J.A.C. 7:7-9.36
.
				Applicants, therefore, must demonstrate compliance with the standards in
N.J.A.C. 7:7-9.36
through
				the preparation of an impact assessment and/or a habitat evaluation to ensure
				essential habitat for endangered and threatened wildlife and plant species is
				not negatively impacted by a proposed regulated activity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › 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 › Section 7:7-11.3 - Standards for conducting endangered or threatened wildlife species habitat evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Applicants who dispute the Department designation of the site as endangered or
				threatened wildlife species habitat, or dispute the boundary of that habitat
				shall provide information that demonstrates that the habitat is not suitable
				for each of the endangered or threatened wildlife species that resulted in
				identification of the site, a portion of the site, or an area abutting the
				site, as endangered or threatened wildlife species habitat in accordance with
				7:7-9.36(a) 
				and/or (d).
(b) Habitat evaluations
				for endangered or threatened wildlife species pursuant to
				7:7-9.36(c)  shall
				be conducted for each wildlife species described in (a) above. This habitat
				evaluation shall:
1. Use scientific
				methodology appropriate for each species or species group;
2. Examine specific attributes and
				characteristics of the site that limit or eliminate its suitability as habitat,
				including, but not limited to, an examination of vegetative cover, soils,
				hydrology, existing land use and any other factors that are used to determine
				suitability of a site for the species. The site's vegetative analysis shall
				include an on-site investigation and evaluation; and
3. Include an examination of the area
				surrounding the site using aerial photographs and/or appropriate cover
				maps.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › 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 › Section 7:7-11.4 - Standards for reporting the results of impact assessments and habitat evaluations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				habitat evaluations and impact assessments submitted to the Department shall
				include:
1. An introduction describing the
				goals of the habitat evaluation and/or impact assessment;
2. A copy of the USGS quad map(s) showing the
				location of the site, with the State plane coordinates of the site. The
				accuracy of these coordinates shall be within 50 feet of the actual center
				point of the site. For linear sites, 2,000 feet in length and longer,
				additional coordinates shall be provided at each 1,000 foot interval;
3. The lot, block, municipality and county in
				which the site is located;
4. For
				wildlife habitat evaluations and impacts assessments only, a map identifying
				the site, and the areas mapped as endangered or threatened wildlife species
				habitat on the Landscape Maps onsite and abutting the site, along with a list
				of the endangered or threatened species that resulted in the mapping of
				endangered or threatened species habitat;
5. For impact assessments for plant species
				only, a map identifying the location of the species habitat on the site or
				abutting the site along with a list of the potential plant species from the
				Department's Natural Heritage Database;
6. A description of the habitat requirements
				for each of these species identified at (a)4 and/or 5 above, including
				appropriate literature citations; and
7. The names and qualifications of all
				investigators who performed habitat evaluations, species surveys, and/or impact
				assessments.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				water areas are all water areas which are located below either the spring high
				water line or the normal water level of non-tidal waters. General water areas
				are subject to this subchapter and to special area rules.
(b) General water areas are divided by volume
				and flushing rate into eight categories as described below:
1. "Atlantic Ocean" includes the area of the
				Atlantic Ocean that extends out to the three geographical mile limit of the New
				Jersey territorial sea and is bounded by the boundaries of New York and
				Delaware.
2. "Lakes, ponds and
				reservoirs" are relatively small water bodies with no tidal influence or
				salinity. Many are groundwater fed, while others serve as surface aquifer
				recharge areas. Lakes that are the result of former mining operations are not
				included in this definition, but are defined at
				7:7-9.14, Wet borrow
				pits.
3. "Large rivers" are
				waterways with watersheds greater than 1,000 square miles. Large Rivers are
				limited to the Delaware, Hudson and Raritan Rivers.
i. The Delaware River is a tidal river from
				the Bridge Street Bridge in Trenton to its mouth at Delaware Bay, defined as a
				line between Alder Cover, Lower Alloways Creek Township and the Delaware River
				Basin Commission River and Bay Memorial at Liston Point, Delaware.
ii. The Hudson River is a tidal river from
				the New York State Line to its mouth at Upper New York Bay at the Morris Canal,
				Jersey City.
iii. The Raritan River
				is a tidal river from a point approximately 1.1 miles upstream from the Landing
				Lane Bridge between Piscataway and Franklin Townships to its mouth at Raritan
				Bay and the Arthur Kill.
4. "Man-made harbors" are semi-enclosed or
				protected water areas which have been developed for boat mooring or
				docking.
5. "Medium rivers, creeks,
				and streams" are rivers, streams, and creeks with a watershed of less than
				1,000 square miles. This definition includes waterways such as the Hackensack,
				Passaic, Oldmans, Big Timber, Pennsauken, Navesink, Manasquan, Toms, Wading,
				Mullica, Great Egg, Maurice, Cohansey, Salem, and Rancocas.
6. "Open bays" are large, semi-confined
				estuaries with a wide unrestricted inlet to the ocean and with a major river
				mouth discharging directly into the upper portion. Open bays are limited to the
				Delaware Bay, Raritan Bay, Sandy Hook Bay, and Upper New York Bay.
7. "Semi-enclosed and back bays" are a
				partially confined estuary with direct inlet connection and some inflow of
				freshwater. Semi-enclosed bays differ from back bays in depth, degree of
				restriction of inlet and level of freshwater flow.
8. "Tidal guts" are the waterway connections
				between two estuarine bodies of water. Also known as thorofares or canals,
				tidal guts control the mix of salt and freshwater. Examples include the Arthur
				Kill and Kill Van Kull.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.2 - Shellfish aquaculture

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Shellfish aquaculture means the propagation, rearing, and subsequent harvesting
				of shellfish in controlled or selected environments, and the processing,
				packaging, and marketing of the harvested shellfish. Shellfish aquaculture
				includes activities that intervene in the rearing process to increase
				production such as stocking, feeding, transplanting, and providing for
				protection from predators. For the purposes of this section, shellfish means
				any species of benthic mollusks including hard clams (Mercenaria mercenaria),
				soft clams (Mya arenaria), surf clams (Spisula solidissma), bay scallops
				(Aequipectin irradians), and oysters (Crassostrea virginica). Shellfish shall
				not include conch, specifically, knobbed whelks (Busycon carica), lightning
				whelks (Busycon contrarium), and channeled whelks (Busycotypus
				canaliculatus).
(b) Shellfish
				aquaculture is encouraged in all general water areas as defined at
				7:7-12.1, provided the activity:
1. Does not unreasonably conflict with other
				marine uses;
2. Does not cause
				adverse environmental impacts;
3.
				Does not present a hazard to navigation. A hazard to navigation includes all
				potential impediments to navigation, including access to adjacent moorings,
				water areas and docks and piers;
4.
				Does not prevent the catching and taking of free swimming fish from the tidal
				waters of the State in any lawful manner, in accordance with
				50:1-33; and
5. Is located in an area for which the person
				conducting the activity holds a valid shellfish lease pursuant to
				50:1-23.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.3 - Boat ramps

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Boat ramps
				are inclined planes, extending from the land into a water body for the purpose
				of launching a boat into the water until the water depth is sufficient to allow
				the boat to float. Boat ramps are most frequently constructed of asphalt,
				concrete or crushed shell.
(b) Boat
				ramps are conditionally acceptable provided:
1. There is a demonstrated need that cannot
				be met by existing facilities;
2.
				They cause minimal practicable disturbance to intertidal flats or subaqueous
				vegetation;
3. Boat ramps shall be
				constructed of environmentally acceptable material, such as concrete or oyster
				shells; and
4. Garbage cans are
				provided near the boat ramp.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.4 - Docks and piers for cargo and commercial fisheries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Docks and piers for cargo and passenger
				movement and commercial fisheries are structures supported on pilings driven
				into the bottom substrate or floating on the water surface, used for loading
				and unloading passengers or cargo, including fluids, connected to or associated
				with, a single industrial or manufacturing facility or to commercial fishing
				facilities.
(b) Docks and piers for
				cargo and passenger movement and commercial fisheries are conditionally
				acceptable provided:
1. The width and length
				of the dock or pier is limited to only what is necessary for the proposed
				use;
2. The dock or pier will not
				pose a hazard to navigation. A hazard to navigation includes all potential
				impediments to navigation, including access to adjacent moorings, water areas
				and docks and piers; and
3. The
				associated use of the adjacent land meets all applicable rules of this
				chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.6 - Maintenance dredging

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Maintenance dredging is the periodic removal of accumulated sediment from
				previously legally dredged navigation and access channels, marinas, lagoons,
				canals, or boat moorings for the purpose of safe navigation.
1. For a project to be considered maintenance
				dredging, the applicant shall demonstrate through historical data, including,
				but not limited to, previously issued dredging permits, previous dredging
				contracts, historic bathymetric surveys, and/or aerial photography that:
i. The proposed dredge area is limited to the
				same length and width as a previous dredging operation;
ii. The proposed water depth is the same as a
				previous dredging operation or as historical water depths within the proposed
				dredge area; and
iii. The proposed
				dredge area has historically been used for navigation or mooring of vessels
				requiring the proposed water depth.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.8 - Environmental dredging

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Environmental dredging means new dredging performed in a special hazard area
				designated as such pursuant to
				7:7-9.39 specifically to remove
				contaminated sediments for the purpose of remediating to an environmental
				standard as specified in the Department's Technical Requirements for Site
				Remediation, N.J.A.C. 7:26E.
(b)
				Environmental dredging and the management of the dredged material shall be:
1. Conducted in accordance with either:
i. A Remedial Action Work Plan that has
				either been approved by the Department or a licensed site remediation
				professional pursuant to the Administrative Requirements for the Remediation of
				Contaminated Sites (ARRCS) Rules, N.J.A.C. 7:26C, and the Technical
				Requirements for Site Remediation, N.J.A.C. 7:26E; or
ii. The Comprehensive Environmental Response,
				Compensation and Liability Act (CERCLA), Sections 104, 106, 120, 121, or 122 (
				42 U.S.C. §§
												9604,
				9606,
				9620,
				9621, and
				9622, respectively);
				and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.10 - Solid waste or sludge dumping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				dumping of solid waste or sludge is the discharge of solid or semi-solid waste
				material from industrial or domestic sources or sewage treatment operations
				into a water area.
(b) The dumping
				of solid or semi-solid waste of any type in any general water area is
				prohibited.
(c) Rationale: Dumping
				of solid and semi-solid waste in coastal waters would have significant adverse
				environmental and aesthetic effects and would be harmful to the coastal
				recreational economy. The existence of land sites makes coastal dumping
				unnecessary.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.11 - Filling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Filling is the
				deposition of material including, but not limited to, sand, soil, earth, and
				dredged material, into water areas for the purpose of raising water bottom
				elevations to create land areas.
(b) Filling is prohibited in lakes, ponds,
				reservoirs, and open bay areas at greater than 18 feet as defined at N.J.A.C.
				7:7-12.1, unless the filling is consistent with the Freshwater Wetlands
				Protection Act (
				13:9B-1 et seq.) and Freshwater
				Wetlands Protection Act Rules, N.J.A.C. 7:7A.
(c) Filling in a man-made lagoon is
				discouraged unless:
1. The filling complies
				with (e) below; or
2. In those
				areas where two existing lawful bulkheads are not more than 75 feet apart and
				no limit of fill line has been promulgated by the Department, the connecting
				bulkhead may not extend seaward of a straight line connecting the ends of the
				existing bulkheads. Compliance with the mitigation rules at N.J.A.C. 7:7-17
				shall not be required in such cases.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.12 - Mooring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A boat mooring
				is a temporary or permanently fixed or floating anchored facility in a water
				body for the purpose of attaching a boat.
(b) Temporary or permanent boat mooring areas
				are conditionally acceptable provided:
1.
				There is a demonstrated need that cannot be satisfied by existing
				facilities;
2. Adverse
				environmental impacts are minimized to the maximum extent practicable;
				and
3. The mooring area is
				adequately marked and is located so as not to hinder navigation. A hazard to
				navigation will apply to all potential impediments to navigation, including
				access to adjacent moorings, water areas, docks and piers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.13 - Sand and gravel mining

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Sand and gravel mining is the removal of sand or gravel from the water bottom
				substrate, usually by suction dredge, for the purpose of using the sand or
				gravel at another location.
(b)
				Sand and gravel mining is discouraged in all water body types except as
				provided at (b)1 below.
1. Sand and gravel
				mining is prohibited in lakes, ponds and reservoirs, man-made harbors and tidal
				guts as defined at
				7:7-12.1, unless the water body was
				created by the mining process, in which case the use is conditionally
				acceptable provided:
i. Direct and indirect
				impacts to special areas are minimized;
ii. Turbidity and resuspension of toxic
				materials is controlled throughout the mining operation consistent with the
				State's Surface Water Quality Standards (N.J.A.C. 7:9B-4 );
iii. There is an acceptable disposal site for
				the waste from washing operations;
iv. In rivers, creeks, and streams, the depth
				of water at the mining site is at least six feet below mean low
				water;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.14 - Bridges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A bridge is any
				continuous structure spanning a water body, except for an overhead transmission
				line.
(b) Bridges are
				conditionally acceptable provided:
1. There is
				a demonstrated need that cannot be satisfied by existing facilities;
2. Pedestrian and bicycle use is provided for
				unless it is demonstrated to be inappropriate; and
3. Fishing catwalks and platforms are
				provided to the maximum extent practicable. This shall be taken into
				consideration during the design phase of all proposed bridge projects.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.15 - Submerged pipelines

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Submerged pipelines (pipelines) are underwater pipelines which transmit liquids
				or gas, including crude oil, natural gas, water petroleum products or
				sewerage.
(b) Submerged pipelines
				are conditionally acceptable provided:
1. The
				pipelines are not sited within special areas, as defined at N.J.A.C. 7:7-9,
				unless no prudent and feasible alternate route exists;
2. Directional drilling is used unless it is
				demonstrated that the use of directional drilling is not feasible;
3. The pipeline is buried to a sufficient
				depth to avoid exposure or hazard;
4. All trenches are backfilled to
				preconstruction depth with naturally occurring sediment; and
5. The proposed development has been designed
				to minimize impacts to the water area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.16 - Overhead transmission lines

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Overhead transmission lines are wires hung between supporting pylons for
				transmission from the site of origin to the site of consumption. Overhead
				transmission lines include electrical, telecommunication and cable television
				lines.
(b) Overhead transmission
				lines are prohibited over open bays, semi-enclosed and back bays, lakes, ponds,
				and reservoirs as defined at
				7:7-12.1. Overhead transmission
				lines are discouraged over large rivers as defined at
				7:7-12.1.
(c) Overhead transmission lines are
				conditionally acceptable over rivers, streams, creeks, and tidal guts as
				defined at 7:7-12.1, provided:
1. There is a demonstrated need that cannot
				be satisfied by existing facilities;
2. There is no feasible alternative route
				that avoids crossing water bodies;
3. The transmission line provides adequate
				vertical clearance for masts; and
4. Visual impacts are minimized to the
				maximum extent practicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.17 - Dams and impoundments

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Dams and impoundments are structures that obstruct natural water flow patterns
				for the purpose of forming a contained volume of water. Impoundments include
				dikes with sluice gates and other structures to control the flow of
				water.
(b) Except for medium
				rivers, creeks, and streams as defined at
				7:7-12.1, the construction of dams
				and impoundments is prohibited. The construction of these structures is
				conditionally acceptable in medium rivers, creeks, and streams as defined at
				7:7-12.1, provided:
1. The structures are essential for water
				supply purposes or for the creation of special wildlife habitats;
2. Adverse impacts are minimized;
				and
3. The structures will not
				adversely affect navigation routes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.18 - Outfalls and intakes

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Outfalls and intakes are pipe openings that are located in water areas for the
				purpose of intake of water or discharge of effluent including sewage,
				stormwater and industrial effluents.
(b) Outfalls and intakes are conditionally
				acceptable provided that the use associated with the intake or outfall meets
				applicable rules of this chapter.
(c) Rationale: Outfalls can introduce
				contaminated runoff into a water body unless adequate measures are taken to
				encourage filtration and minimize discharge of pollutants.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.19 - Realignment of water areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Realignment of water areas means the physical alteration or relocation of the
				surface configuration of any water area. This does not include the
				rebulkheading of a previously bulkheaded water area or the bulkheading at or
				above the spring high water line.
(b) Realignment of naturally occurring water
				areas is discouraged. Discouraged uses can only be approved if it can be
				demonstrated that the proposed development is in the public interest and
				mitigation for the impact is provided.
(c) Realignment of previously realigned water
				areas is conditionally acceptable, provided:
1. It is demonstrated that no adverse
				environmental impacts (that is, water quality, flood hazard, species diversity
				reduction/alteration) will result; and
2. A net recreational/ecological benefit will
				demonstrably accrue.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.20 - Vertical wake or wave attenuation structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Vertical wake or wave attenuation
				structures are structures designed to protect boat moorings, including those at
				marinas, by intercepting wakes or waves and reducing the wake or wave energy
				which would normally impact the adjacent boat mooring areas. Typically, timber,
				metal, or vinyl wake or wave attenuation structures are designed and utilized
				to protect boat moorings. For the purposes of this section, a vertical wake or
				wave attenuation structure does not include a breakwater constructed of
				concrete or rubble mound. Breakwaters designed to protect shoreline areas shall
				comply with the filling rule,
				7:7-12.11, and the coastal
				engineering rule at
				7:7-15.11.
(b) Construction of a vertical wake or wave
				attenuation structure is conditionally acceptable. The porosity of a wake or
				wave attenuation structure, including spacing of planking and the distance
				between the structure and the bottom of the water body, shall be determined on
				a case-by-case basis, taking into consideration vessel traffic, water depth,
				and tidal flow.
(c) A vertical wake
				or wave attenuation structure may be designed as follows.
1. High wake or wave energy areas: Boat
				mooring areas in or near deep water that are exposed to port, harbor, and/or
				ferry traffic, such as the Hudson River between New Jersey and New York, are
				subject to high wake or wave energy. In this case, the structure may be
				designed to have no spacing between planking and extend to a depth of between
				30 and 40 feet, or to the bottom of the water body, whichever is less, to
				intercept almost all wave energy. The distance between the structure and the
				bottom of the waterbody will be dependent upon the water depth of the area in
				which the structure will be located.
2. Medium wake or wave energy areas: Boat
				mooring areas adjacent to or near navigation channels, such as boat moorings
				located in Cape May Harbor, are subject to medium wake or wave energy. In this
				case, the structure may be designed to provide approximately one inch spacing
				between planking, and extend to the bottom of the water body.
3. Minor wake or wave energy areas: Boat
				mooring areas that do not meet the criteria of (b)1 or 2 above, such as boat
				moorings located in the Upper Manasquan River, are subject to minor wake or
				wave energy. In this case, the structure may be designed to provide
				approximately three inch spacing between planks to ensure flushing, and the
				distance between the structure and bottom of the water body shall be determined
				on a case-by-case basis taking into account the potential wake or wave energy
				at that mooring location. In areas of low tidal flow, that is, where the tidal
				range is less than two feet, the distance between the structure and the bottom
				of the water body shall be at least 18 inches.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.21 - Submerged cables

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submerged
				cables (cables) are underwater telecommunication cables, and shall include all
				associated structures in the water such as repeaters.
(b) Submerged cables, or portions thereof,
				which are not located in the Atlantic Ocean shall meet the following
				conditions:
1. The cable shall not be sited
				within special areas, unless no prudent and feasible alternate route
				exists;
2. Directional drilling for
				the installation of cables is encouraged over the use of trenching;
3. The cable route minimizes areas where
				anchors are likely to foul the cable; and
4. The alignment of the cable route is marked
				at the landfall. This provision does not apply to cables that are directionally
				drilled.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.22 - Artificial reefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Artificial
				reefs are man-made structures intended to simulate the characteristics and
				functions of natural reefs created by placing hard structures on the sea-floor
				for the purpose of enhancing fish habitat and/or fisheries. In time, an
				artificial reef will attain many of the biological and ecological attributes of
				a natural reef. Artificial reefs do not include shore protection structures,
				pipelines, fish aggregating devices, and other structures not constructed for
				the sole purpose of fish habitat.
(b) New reefs shall be sited in accordance
				with the following:
1. The reef site shall
				not be located in the following special areas: surf clam areas (7:7-9.3 ), prime fishing areas
				(7:7-9.4 ), navigation channels
				(7:7-9.7 ), inlets (7:7-9.9 ), submerged infrastructure
				routes (7:7-9.12 ) and historic and
				archaeological resources (7:7-9.34 );
2. The reef site shall be located in the
				Atlantic Ocean, except for one estuarine reef that shall be allowed in the
				Lower Delaware Bay to be constructed by the Department;
3. The reef site shall be located in a manner
				that minimizes impacts on commercial fishing operations;
4. The reef site shall not be located within
				shipping lanes, and/or anchorages;
5. The natural seafloor at the reef site
				shall have a firm substrate to minimize sinking of reef materials;
6. The reef site shall not be located within
				an area environmentally influenced by dredge disposal sites, sewage outfalls,
				or other areas known to experience hypoxic events, contaminated waters or
				sediment that may impair the quality of fish habitat; and
7. The reef site shall not be located in an
				area with currents that have the potential to cause material instability,
				scouring, or sanding over.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.23 - Living shorelines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Living
				shorelines are a shoreline management practice that addresses the loss of
				vegetated shorelines 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 vegetation, sand, or other structural and
				organic materials.
(b) The
				establishment of a living shoreline to protect, restore, or enhance a habitat
				area is conditionally acceptable provided:
1.
				It is demonstrated that the project:
i. Is
				part of a plan for the restoration, creation, or enhancement of the habitat and
				water quality functions and values of wetlands, wetland buffers, and open water
				areas;
ii. Is consistent with the
				requirements of the Wetlands Act of 1970, the Coastal Area Facility Review Act,
				the Waterfront Development Law, and this chapter;
iii. Will improve or maintain the values and
				functions of the ecosystem; and
iv.
				Will have a reasonable likelihood of success, or, if performed by a college or
				university, will advance the level of knowledge regarding living shorelines in
				the State; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.24 - Miscellaneous uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Miscellaneous uses are uses of water areas not specifically defined in this
				section or addressed in the use rules, N.J.A.C. 7:7-15.
(b) Water dependent uses of water areas not
				identified in the use rules will be analyzed on a case-by-case basis to ensure
				that adverse impacts are minimized. Non-water dependent uses are discouraged in
				all water areas.
(c) Rationale:
				Uses which are not water dependent are discouraged in general water areas.
				Discouraged uses can only be approved if it can be demonstrated that the
				proposed development is in the public interest and mitigation for the impact is
				provided. Water areas are ecologically sensitive areas that provide habitat for
				a variety of species and therefore the impacts to these areas need to be
				minimized.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS › Section 7:7-13.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter sets forth requirements applicable in general land areas and certain
				special areas for impervious cover and vegetative cover on sites in the upland
				waterfront development area and in the CAFRA area. These requirements are set
				forth as follows:
1. For a site in the upland
				waterfront development area, the applicable impervious cover limits and
				vegetative cover percentages are determined under
				7:7-13.6 through 13.14, based on
				the site's growth rating, development potential, and environmental sensitivity;
				and
2. For a site in the CAFRA
				area, the applicable impervious cover limits and vegetative cover percentages
				are determined under
				7:7-13.15 through 13.19, based on
				the site's location in a coastal center; in a Coastal Planning Area; in a CAFRA
				center, CAFRA core, or CAFRA node; or on a military installation.