reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.11 - General permit 11 - investigation, cleanup, removal, or remediation of hazardous substances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				general permit authorizes all regulated activities landward of the mean high
				water line that are undertaken, authorized, or otherwise expressly approved in
				writing by the Department or by a licensed site remediation professional
				pursuant to the Administrative Requirements for the Remediation of Contaminated
				Sites, N.J.A.C. 7:26C, for the investigation, cleanup, removal, or remediation
				of hazardous substances as defined by or pursuant to the Spill Compensation and
				Control Act, N.J.S.A. 58:10-23.1 1 et seq., or pollutants, as defined by the
				New Jersey Water Pollution Control Act,
				58:10A-1 et seq., provided the
				following conditions are met:
1. If the
				proposed cleanup activity is to take place in special areas as defined at
				N.J.A.C. 7:7-9, the general permit authorization shall be issued only if the
				Department or a licensed site remediation professional finds that there are no
				practicable alternatives to the investigation, cleanup, removal, and
				remediation of the hazardous substances or pollutants that would involve less
				or no disturbance or destruction of special areas as defined at N.J.A.C.
				7:7-9;
2. Mitigation may be
				required in accordance with N.J.A.C. 7:7-17 for disturbance to special areas as
				defined at N.J.A.C. 7:7-9; and
3.
				For coastal wetlands, mitigation shall be performed in accordance with N.J.A.C.
				7:7-17. The mitigation plan may be incorporated as part of the document by
				which the Department or a licensed site remediation professional approves the
				clean-up or it may be submitted as part of the application for authorization
				under a general permit. The general permit will not be issued until the
				mitigation plan is submitted and approved by the Division according to the
				standards at N.J.A.C. 7:7-17.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.12 - General permit 12 - landfall of utilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general permit authorizes the
				landfall of utilities including cable (that is electric, television, and fiber
				optics), telecommunication, petroleum, natural gas, water, and sanitary sewer
				lines constructed in tidal water bodies authorized pursuant to the Waterfront
				Development Law or Flood Hazard Area Control Act.
(b) Construction authorized under this
				general permit is acceptable provided:
1. The
				section of the utility line that extends landward from the mean high water line
				of the tidal water body shall be no more than 150 feet long and shall connect
				to an existing utility line in the adjacent upland;
2. The width of the area disturbed within the
				right-of-way of the project is no more than 20 feet;
3. Excavated areas for the placement of the
				utility landfall shall be returned to the pre-existing elevation using the
				original soil, if feasible or other suitable material to backfill from a depth
				of 18 inches to the original grade and be revegetated;
4. The utility landfall shall have no adverse
				impacts to special areas as defined at N.J.A.C. 7:7-9;
5. A silt fence and/or other soil erosion
				controls shall be installed prior to excavation and shall remain in place until
				final restoration is complete;
6.
				The staging area and construction equipment shall not be placed directly into
				the tidal water. Construction equipment shall be land based or based on
				barges;
7. All underground cutting
				agents/lubricants shall be contained and properly disposed. Use of a vacuum
				truck may be required for large drilling operations;
8. The location of existing facilities prior
				to excavation shall be performed pursuant to the Underground Facility
				Protection Act, P.L. 1994, c.118 (48:2-73 et seq.);
				and
9. The sanitary sewer line is
				consistent with the Water Quality Management Plan adopted pursuant to N.J.A.C.
				7:15.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.13 - General permit 13 - construction of recreational facilities at public parks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit authorizes the construction of the following recreational facilities at
				parks which are publicly owned or controlled for the purposes of public access.
				Construction of the facilities listed below is acceptable provided that the
				construction has no adverse impact on any special areas defined at N.J.A.C.
				7:7-9 and provided that the facility complies with the specific conditions
				listed below for each facility.
1.
				Construction of the following facilities provided they are not located on a
				dune or in a wetland, except as noted at (a)3 below:
i. Playground equipment including, but not
				limited to, swings, slides, and jungle gyms;
ii. Picnic tables, benches and grills which
				are not seasonal;
iii. Gazebos,
				rain shelters and sheds provided they do not exceed a footprint 200 square
				feet;
iv. Pathways, bicycle paths
				and jogging and nature trails and associated fitness equipment provided they
				are not located on a beach; and
v.
				Fences which do not require permanent footings.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.14 - General permit 14 - bulkhead construction and placement of associated fill at a single-family home or duplex lot

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This general permit authorizes the construction of a bulkhead and associated
				fill at a single-family home or duplex lot on a natural water body provided
				that the proposed bulkhead complies with the following:
1. Legally existing functional bulkheads are
				located on the lots adjacent to the proposed bulkhead and are no more than 75
				feet apart;
2. The bulkhead shall
				be located at or above the spring high water line;
3. The bulkhead is located a minimum of five
				feet inshore of any wetlands;
4.
				The bulkhead shall not be located on a dune or oceanfront beach;
5. Clean fill from an upland source or the
				dredged material removed as part of the bulkhead installation, provided such
				dredged material meets the criteria for structural or non-structural fill
				material and is managed in accordance with Appendix G, shall be used for
				backfill;
6. The bulkhead shall not
				be located further waterward than the bulkheads on the adjacent
				properties;
7. In the event that
				the bulkhead will be located landward of the adjacent bulkheads, the new
				bulkhead shall connect to the bulkhead on either side;
8. The construction of bulkheads subject to
				wave run-up forces (V zones) shall be designed and certified by a professional
				engineer to withstand the forces of wave run-up;
9. The placement of rip-rap along the seaward
				toe of the bulkhead structure may qualify for this coastal general permit if
				the Department determines that such rip rap is required to limit scour
				potential and the areas and volume of rip rap are minimized;
10. There shall be no disturbance to wetlands
				during construction; and
11. Public
				access shall be provided in accordance with the public trust rights rule,
				7:7-9.48, and the public access
				rule, 7:7-16.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.16 - General permit 16 - minor maintenance dredging in man-made lagoons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit authorizes minor maintenance dredging in man-made lagoons provided that:
1. The volume of the material to be dredged
				shall not exceed 100 cubic yards;
2. The proposed depth shall not exceed six
				feet below mean low water;
3.
				Dredged material shall be placed on an upland site and shall be
				stabilized;
4. The proposed slope
				from the waterward edge of any wetlands to the nearest edge of the dredged area
				shall not exceed three horizontal to one vertical; and
5. The proposed depth does not exceed the
				water depth outshore of the dredged area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.17 - General permit 17 - stabilization of eroded shorelines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general permit authorizes the
				stabilization of eroded shorelines along tidal waterways, excluding the
				Atlantic Ocean, provided that the proposed method complies with all of the
				following:
1. The stabilization materials are
				limited to live branch cuttings, live facings, live stakes, vegetative
				cuttings, vegetated earth buttresses, coir fiber products, fiber plugs, plants
				and clusters, selected plant materials, fiber pallets, fiber carpet, and wood
				stake anchor systems. Materials shall be installed in accordance with the
				construction guidelines of Chapter 16--"Streambank and Shoreline Stabilization
				Protection," of the National Engineering Handbook (NEH), Part 650, 1996,
				published by the United States Department of Agriculture, incorporated herein
				by reference, as amended and supplemented. This coastal general permit does not
				authorize the use of geotubes, stone, concrete, gabions, wood sheathing, pvc
				pipe, used tires, discarded Christmas trees, or other material not specifically
				stated in this paragraph;
2. The
				stabilization of the eroded shoreline shall have no adverse impact on special
				areas defined at N.J.A.C. 7:7-9;
3.
				No disturbance to wetlands shall occur;
4. Where shoreline stabilization will occur
				outshore of a wetland, the construction shall result in minimum feasible
				alteration or impairment of natural tidal circulation;
5. Where shoreline stabilization will occur
				outshore of a wetlands, the construction shall result in minimum feasible
				alteration or impairment of the natural contour or the natural vegetation of
				the wetlands;
6. For sites where
				grading is required, no grading shall occur below the spring high water line,
				and all soil or other graded materials shall be pulled back away from the
				water. Grading by pushing soil or other material below the spring high water
				line is prohibited;
7. The
				placement of bioengineering materials, with the exception of plantings, shall
				be limited to that necessary to protect the shoreline;
8. Plant material shall be chosen and
				installed in accordance with "Vegetation For Tidal Shoreline Stabilization In
				the Mid-Atlantic States" in Chapter 16--"Streambank and Shoreline Stabilization
				Protection," of the National Engineering Handbook (NEH), Part 650, 1996,
				published by the United States Department of Agriculture, incorporated herein
				by reference, as amended and supplemented.
9. For projects on public lands, public
				access to the waterfront shall be provided and maintained during construction,
				and thereafter; and
10. If the
				Department determines that construction has resulted in adverse shoreline sand
				movement, including erosion or shoaling, the Department may require the
				permittee to remove the shoreline stabilization materials.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.18 - General permit 18 - avian nesting structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general permit authorizes the
				construction of pile supported avian nesting structures provided:
1. The construction shall not alter or impair
				the natural contour or vegetation of the wetlands. Protective measures such as
				wide track vehicles and mats shall be utilized during construction;
2. Disturbance to wetlands is restored except
				for those permanently impacted by the pilings; and
3. The construction of the pile supported
				nesting structure shall not adversely impact special areas as defined at
				N.J.A.C. 7:7-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.19 - General permit 19 - modification of existing electrical substations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit authorizes the modification of existing electrical substations within
				the existing fence line to maintain substation and electrical load and system
				reliability provided that:
1. The activities
				occur within the cleared, maintained portions of the site within the existing
				fenced area; and
2. The activities
				shall not have an adverse impact on special areas as defined at N.J.A.C.
				7:7-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.20 - General permit 20 - legalization of the filling of tidelands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general permit authorizes the
				legalization of the filling of any lands formerly flowed by the tide provided:
1. The filling occurred after 1914;
2. The fill appears on the applicable
				Tidelands Map; and
3. Public access
				shall be provided in accordance with the lands and waters subject to public
				trust rights rule,
				7:7-9.48, and the public access
				rule, 7:7-16.9;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.21 - General permit 21 - construction of telecommunication towers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general permit authorizes the
				construction of telecommunication towers such as cellular telephone and radio
				towers, including access roads and associated support buildings located upland
				of the mean high water line, provided:
1. The
				development shall not be located in or on dunes, beaches, wetlands, bay
				islands, coastal bluffs or wild and scenic river corridors;
2. The limits of disturbance associated with
				the development shall not exceed 0.25 acres;
3. The development shall be located a minimum
				of 50 feet landward of the mean high water line except on sites defined as
				filled water's edge sites at
				7:7-9.23 where the development
				shall instead be located a minimum of 100 feet landward of the mean high water
				line;
4. The development shall be
				setback a minimum of 50 feet from the inland limit of any wetlands;
				and
5. The development shall comply
				with the endangered or threatened wildlife or vegetation species habitats rule,
				7:7-9.36, and the critical wildlife
				habitat rule,
				7:7-9.37.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 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

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general permit authorizes the
				construction of structures such as equipment storage containers and sheds,
				stage platforms, bleachers, portable restrooms, food concession stands,
				gazebos, lockers, canopied shelters, and wooden walkways, related to the
				tourism industry, at hotels and motels, commercial developments, and
				multi-family residential developments over 75 units provided that:
1. Except as provided in (a)1i below, the
				structure remains in place only from May 1 through October 31;
i. Underground utilities, floor decking, open
				drink and food concession stand shells, and stage shells may remain in place on
				a year-round basis;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.24 - General permit 24 - habitat creation, restoration, enhancement, and living shoreline activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				general permit authorizes habitat creation, restoration, enhancement, and
				living shoreline activities necessary to implement a plan for the restoration,
				creation, enhancement, or protection of the habitat, water quality functions,
				and values of wetlands, wetland buffers, and open water areas, which is
				sponsored by a Federal or State agency or other entity described in (b) below.
				For the purposes of this general permit, a "sponsor" shall endorse the
				activities in writing.
(b) The
				following habitat creation, restoration, enhancement, and living shoreline
				plans are acceptable provided they demonstrate compliance with (c) through (g)
				below:
1. A fish and/or wildlife management
				plan created or approved by the Department's Division of Fish and
				Wildlife;
2. A project plan
				approved under the Partners for Fish and Wildlife program, Coastal Program, or
				a similar program administered by the USFWS;
3. A project plan created by the U.S.
				Department of Agriculture's Natural Resources Conservation Service under the
				Wetlands Reserve program, the Conservation Reserve program, the Conservation
				Reserve Enhancement program, the Wildlife Habitat Incentive program (WHIP), or
				a similar program, and approved by the local Soil Conservation
				District;
4. A plan approved by the
				Department's Office of Natural Resource Damages for the restoration, creation
				or enhancement of natural resources injured as the result of an oil spill or
				release of a hazardous substance;
5. A mitigation project required or approved
				by a government agency, such as the USACE;
6. A habitat creation, restoration, or
				enhancement plan carried out by one of the Federal or State agencies at (b)1
				through 5 above or by a government resource protection agency such as a parks
				commission;
7. A habitat creation,
				restoration, or enhancement plan carried out by a charitable conservancy
				provided that the plan is part of a program listed at (b)2 through 5
				above;
8. A living shoreline plan
				designed and/or sponsored by the Department, the USFWS, the Natural Resource
				Conservation Services, the USACE, the USEPA, or NOAA's Restoration Center;
				or
9. A living shoreline plan
				implemented by a college or university for the purpose of research.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 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

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit authorizes the dredging of sand from a man-made lagoon that was
				deposited as a result of a storm event for which the Governor declared a State
				of Emergency, provided (a)1 through 5 below are met. Sand means, for the
				purposes of this section, a material consisting of 90 percent or greater of
				particles by weight retained on a 0.0625 mm sieve.
1. The volume of sand to be dredged is
				limited to that which was deposited as a result of the storm event;
2. The area to be dredged is limited to that
				where the sand was deposited as a result of the storm event;
3. The sand removed by dredging is placed on
				an upland site, dewatered as necessary within a temporary dewatering area, and
				capped with a six-inch layer of clean fill and stabilized;
4. No wetlands are present within 25 feet of
				the area to be dredged. A 25-foot buffer shall be provided from any wetlands to
				the nearest edge of the area to be dredged; and
5. Any debris contained within the dredged
				sand shall be removed and disposed of properly.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 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

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				general permit authorizes the dredging of material from a waterway at a
				residential or commercial lot that was deposited as a result of the failure of
				a legally existing bulkhead that was damaged as a result of a storm event for
				which the Governor declared a State of Emergency, provided:
1. The volume of the material to be dredged
				is limited to that which resulted from the failure of the bulkhead;
2. The area to be dredged is limited to that
				where the material was deposited as a result of the failure of the
				bulkhead;
3. The dredged material
				is placed on an upland portion of the lot, dewatered as necessary within a
				temporary dewatering area, and capped with a six-inch layer of clean fill and
				stabilized;
4. A 25-foot buffer
				shall be provided from any wetlands to the nearest edge of the area to be
				dredged; and
5. Any debris
				contained within the dredged material shall be removed and disposed of
				properly.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 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

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				general permit authorizes the dredging and management of material from a marina
				that was deposited as a result of a storm event for which the Governor declared
				a State of Emergency, provided (a)1 and 2 below are met. Sand means, for the
				purposes of this section, a material consisting of 90 percent or greater of
				particles by weight retained on a 0.0625 mm sieve.
1. The dredged material is sand; or
2. If the dredged material is not sand, the
				material is temporarily disposed of in an existing upland confined disposal
				facility located on the marina property until a final placement site is
				determined in accordance with (e) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.30 - General permit 30 - commercial shellfish aquaculture activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit authorizes the construction and/or placement and maintenance of
				shellfish aquaculture equipment, including floating upwellers, shellfish rafts,
				racks and bags, lantern nets, and cages, provided:
1. The structures are located in an area with
				a valid shellfish lease authorized under
				50:1-23;
2. The structures are not located within
				submerged infrastructure routes,
				7:7-9.12, shipwreck and artificial
				reef habitat,
				7:7-9.13, or wetlands,
				7:7-9.27;
3. The structures are not located within 50
				feet of any designated navigation channel, unless it is demonstrated that the
				proposed structure will not hinder navigation. The placement of structures
				within designated navigation channels is prohibited;
4. The boundaries of the area where the
				structures are placed are clearly marked in accordance with US Coast Guard
				requirements for regulatory and informational markers (
US Coast
				Guard
"
U.S. Aids to Navigation System
"
http://uscgboating.org/regulations/navigation-rules.php
).
				Specifically, the corners of the footprint of the area where the structures are
				placed must be marked with buoys or stakes;
5. The structures are constructed of
				non-polluting materials:
6. The
				structures are properly secured; and
7. No activity undertaken pursuant to this
				general permit 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
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.31 - General permit 31 - placement of shell within shellfish lease areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit authorizes the placement of shell in an area with a valid shellfish
				lease authorized under
				50:1-23, provided:
1. The shell to be planted is comprised of
				processed oyster, surf clam, and/or ocean quahog shell or other shell material
				approved by the Department;
2. The
				height of the shell material placed on the bottom of the water body does not
				exceed six inches above the substrate;
3. The placement of shell does not pose a
				hazard to navigation; and
4. All
				shell is clean and free of contaminants.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.32 - General permit 32 - application of herbicide within coastal wetlands to control invasive plant species

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				general permit authorizes the application of herbicide within an area of
				coastal wetlands greater than 0.25 acres in size to control invasive plant
				species, provided the activities:
1. Do not
				adversely affect the habitat of any threatened or endangered wildlife or plant
				species habitat, as defined at
				7:7-9.36;
2. Do not require the application of any
				herbicide on areas containing significant stands of high vigor Saltmarsh
				cordgrass (
Spartina alterniflora
), Wildrice
				(
Zizania
aquatica), Cattail (
Typha sp.
), and
				Common threesquare (
Scirpus americanus
) as shown generally on
				wetlands maps, see chapter Appendix D; and
3. When conducted within waters of the State
				or waters of the United States, are conducted pursuant to an aquatic use permit
				issued by the Department's Bureau of Licensing and Pesticide
				Operations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 7 - LONG BRANCH REDEVELOPMENT ZONE PERMIT › Section 7:7-7.2 - Notification to the Department regarding developments requiring planning board approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The notification requirements for
				developments within the Redevelopment Zone of the City of Long Branch requiring
				Planning Board approval are as follows:
1.
				The Planning Board of the City of Long Branch shall provide notice to the
				Manager of the Bureau of Urban Growth and Redevelopment, Division of Land Use
				Regulation, at the address set forth at
				7:7-1.6, that an application for a
				development within the Redevelopment Zone has been filed with the Planning
				Board as soon as the Planning Board determines under the Municipal Land Use
				Law, 40:55D-10.3, that the application
				is complete for review. This notice shall include a copy of the application and
				of the development plan(s).
2. If
				the Department intends to comment on the development application prior to the
				Planning Board's taking action on the application, it shall provide the
				Planning Board with written comments within 30 calendar days after receipt by
				the Department of notice under (a)1 above. The Department's comments may
				include suggestions regarding how the development should be modified in order
				to meet the requirements of the Long Branch Redevelopment Zone
				Permit.
3. The applicant shall
				provide notice, via certified mail, to the Manager of the Bureau of Urban
				Growth and Redevelopment, Division of Land Use Regulation, at the address set
				forth at 7:7-1.6, of the date of the
				Planning Board hearing on the development application at least 10 calendar days
				prior to the hearing.
4. The
				applicant shall provide notice of the preliminary and final Planning Board
				approvals to the Manager of the Bureau of Urban Growth and Redevelopment,
				Division of Land Use Regulation, at the address set forth at
				7:7-1.6, within seven calendar days
				of the Planning Board's adoption of each memorializing resolution. This notice
				shall include a copy of the approved development plan(s) and of the
				resolution.
5. If the Department
				determines that the Long Branch Redevelopment Zone Permit under this section is
				not applicable and that a CAFRA individual permit, general permit or
				permit-by-rule is instead required, the Department shall, within 45 calendar
				days of its receipt under (a)4 above of notice of preliminary and final
				Planning Board approval, so notify the applicant and the Planning
				Board.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 7 - LONG BRANCH REDEVELOPMENT ZONE PERMIT › Section 7:7-7.3 - Notification to the Department regarding developments not requiring planning board approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The notification requirements for
				developments within the Redevelopment Zone of the City of Long Branch not
				requiring Planning Board approval are as follows:
1. The City Council or the Redevelopment
				Agency of the City of Long Branch shall provide notice to the Manager of the
				Bureau of Urban Growth and Redevelopment, Division of Land Use Regulation, at
				the address set forth at
				7:7-1.6, that a development within
				the Redevelopment Zone is under consideration by the City Council or
				Redevelopment Agency 90 calendar days prior to the solicitation of bids for
				construction of the development. This notice shall include a copy of the
				development plan(s).
2. If the
				Department intends to comment for the purpose of suggesting modifications to
				the development plan(s), it shall provide the City Council or the Redevelopment
				Agency with written comments within 30 calendar days after receipt by the
				Department of notice under (a)1 above.
3. If the Department determines that the Long
				Branch Redevelopment Zone Permit under this section is not applicable and that
				a CAFRA individual permit, general permit or permit-by-rule is instead
				required, the Department shall, within 90 calendar days of its receipt under
				(a)1 above of notice that a development is under consideration by the City
				Council or the Redevelopment Agency, so notify the City Council or the
				Redevelopment Agency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 7 - LONG BRANCH REDEVELOPMENT ZONE PERMIT › Section 7:7-7.4 - Publication of notice of Department's decision that Long Branch Redevelopment Zone Permit is or is not applicable to development

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall publish notice in the DEP Bulletin of
				  its decision under
				  7:7-7.2 or 7.3 that the Long Branch
				  Redevelopment Zone Permit is applicable or inapplicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 7 - LONG BRANCH REDEVELOPMENT ZONE PERMIT › Section 7:7-7.5 - Requests for adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To contest a
				decision of the Department under
				7:7-7.2 or 7.3, a person shall
				submit an adjudicatory hearing request within 10 calendar days of the
				publication of notice of such decision in the DEP Bulletin pursuant to
				7:7-7.4, in accordance with (a)1
				below and the provisions of
				7:7-28.1(c) through
				(g).
1. The
				person submitting the request for hearing shall mail a copy of the request to
				the Monmouth County Clerk and the City of Long Branch Clerk, and shall include
				proof of such mailing with the hearing request submitted to the
				Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 8 - INDIVIDUAL PERMITS › Section 7:7-8.1 - Requirement to obtain an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
A person shall obtain an individual permit under this
				  subchapter in order to undertake any activity that does not meet the
				  requirements of a permit-by-rule pursuant to N.J.A.C. 7:7-4, an authorization
				  under a general permit-by-certification pursuant to N.J.A.C. 7:7-5, or an
				  authorization under a general permit pursuant to N.J.A.C.
				  7:7-6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 8 - INDIVIDUAL PERMITS › Section 7:7-8.2 - Duration of an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				permit for any activity waterward of the mean high water line is valid for five
				years from the date of issuance, and may be extended one time for five years
				pursuant to 7:7-27.3.
(b) An
				individual coastal wetlands permit cannot be extended.
(c) Except as provided in (d), (e), and (f)
				below, an individual permit for any activity landward of the
mean high
				water line
is valid for five years from the date of
				issuance.
(d) If construction under
				an individual permit for an activity landward of the mean high water line
				commences within five years from the date of issuance and construction must
				continue beyond five years from the original date of issuance, then the permit
				shall be valid until the project is completed, provided:
1. The permittee submits a written request
				for approval to continue construction that is received by the Department no
				less than 20 working days prior to the five-year expiration date of the permit.
				Construction may continue while the request is under review;
2. The permittee obtains written approval
				from the Department to continue construction of the project as authorized under
				the permit until completion; and
3.
				Construction beyond the five years from the original date of issuance of the
				permit does not cease for a cumulative period of one year or longer.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 8 - INDIVIDUAL PERMITS › Section 7:7-8.3 - Conditions applicable to an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person
				conducting regulated activities pursuant to an individual permit shall comply
				with:
1. The conditions set forth in the
				individual permit itself; and
2.
				The conditions that apply to all permits at
				7:7-27.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Special
				areas are areas that are so naturally valuable, important for human use,
				hazardous, sensitive to impact, or particular in their planning requirements,
				as to merit focused attention and special management rules. This subchapter
				divides special areas into four categories:
1. Special water areas,
				7:7-9.2 through 9.15, extend
				landward to the spring high water line or the level of normal flow in non-tidal
				waters;
2. Special water's edge
				areas, 7:7-9.16 through 9.30, are divided
				into three subcategories depending on their location. Special water's edge
				areas in (a)2i and ii below are found only next to tidal waters, while
				coastwide special water's edge areas are found adjacent to tidal as well as
				non-tidal waters;
i. Oceanfront, and Raritan
				and Delaware Bayfronts,
				7:7-9.16 through 9.19;
ii. Barrier and bay islands,
				7:7-9.20 and 9.21; and
iii. Coastwide special water's edge areas,
				7:7-9.22 through 9.30;
3. Special land areas,
				7:7-9.31 through 9.33, generally
				are landward of the special water's edge areas; and
4. Coastwide special areas,
				7:7-9.34 through 9.47, may include
				special water areas, special water's edge areas, or special land
				areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.2 - Shellfish habitat

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Shellfish habitat is defined as an estuarine bay or river bottom which
				currently supports or has a history of production for hard clams
				(
Mercenaria mercenaria
), soft clams (
Mya
				arenaria
), eastern oysters (
Crassostrea virginica
),
				bay scallops (
Argopecten irradians
), or blue mussels
				(
Mytilus edulis
), or otherwise listed below in this section. A
				shellfish habitat area is defined as an area which meets one or more of the
				following criteria:
1. The area has a current
				shellfish density equal to or greater than 0.20 shellfish per square
				foot;
2. The area has a history of
				natural shellfish production according to data available to the New Jersey
				Bureau of Shellfisheries, or is depicted as having high or moderate commercial
				value in the Distribution of Shellfish Resources in Relation to the New Jersey
				Intracoastal Waterway (U.S. Department of the Interior, 1963) and/or "Inventory
				of New Jersey's Estuarine Shellfish Resources" (Division of Fish, Game and
				Wildlife, Bureau of Shellfisheries, 1983-present);
3. The area is designated by the State of New
				Jersey as a shellfish culture area as authorized by N.J.S.A. 50:1 et seq.
				Shellfish culture areas include estuarine areas presently leased by the State
				for shellfish aquaculture activities or hard clam relay, transplant and
				transfer as well as those areas suitable for future shellfish aquaculture
				development; or
4. The area is
				designated as productive at N.J.A.C. 7:25-24, Leasing of Atlantic and Delaware
				Bay Bottom for Aquaculture.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.3 - Surf clam areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Surf clam
				areas are coastal waters which can be demonstrated to support significant
				commercially harvestable quantities of surf clams (
Spisula
				solidissima
), or areas important for recruitment of surf clam stocks.
				This includes areas where fishing is prohibited for research sanctuary or
				conservation purposes by
				7:25-12.1(d)4.
				Surf clams are a marine fish and therefore are also subject to the marine fish
				and fisheries rule,
				7:7-16.2.
(b) Development which would result in the
				destruction, condemnation, or contamination of surf clam areas is prohibited
				except for the following:
1. Development that
				is of national interest provided:
i. There are
				no prudent and feasible alternative sites; and
ii. Impacts to the surf clam area are
				minimized.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.4 - Prime fishing areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prime
				fishing areas include tidal water areas and water's edge areas which have a
				demonstrable history of supporting a significant local intensity of
				recreational or commercial fishing activity. These areas include all coastal
				jetties, groins, public fishing piers or docks, and artificial reefs. Prime
				fishing areas also include features such as rock outcroppings, sand ridges or
				lumps, rough bottoms, aggregates such as cobblestones, coral, shell and
				tubeworms, slough areas and offshore canyons. Prime fishing areas also include
				areas identified in "New Jersey's Recreational and Commercial Fishing Grounds
				of Raritan Bay, Sandy Hook Bay and Delaware Bay and The Shellfish Resources of
				Raritan Bay and Sandy Hook Bay" Figley and McCloy (1988) and those areas
				identified on the map titled, "New Jersey's Specific Sport Ocean Fishing
				Grounds." This map is available through the Coastal Management Program's
				website at
http://www.nj.gov/dep/cmp
.
(b) Standards relevant to prime fishing areas
				are as follows:
1. Permissible uses of prime
				fishing areas include recreational and commercial finfishing and shellfishing,
				as presently regulated by the Department's Division of Fish and Wildlife, scuba
				diving and other water related recreational activities.
2. Prohibited uses include sand or gravel
				submarine mining which would alter existing bathymetry to a significant degree
				so as to reduce the high fishery productivity of these areas. Disposal of
				domestic or industrial wastes must meet applicable State and Federal effluent
				limitations and water quality standards.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.5 - Finfish migratory pathways

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Finfish migratory pathways are waterways (rivers, streams, creeks, bays and
				inlets) which can be determined to serve as passageways for diadromous fish to
				or from seasonal spawning areas, including juvenile anadromous fish which
				migrate in autumn and those listed by H.E. Zich (1977) "New Jersey Anadromous
				Fish Inventory" NJDEP Miscellaneous Report No. 41, and including those portions
				of the Hudson and Delaware Rivers within the coastal zone boundary.
1. Species of concern include: alewife or
				river herring (
Alosa pseudoharengus
), blueback herring
				(
Alosa aestivalis
), American shad (
Alosa
				sapidissima
), striped bass (
Morone saxatilis
),
				Atlantic sturgeon (
Acipenser oxyrinchus oxyrinchus
), Shortnose
				sturgeon (
Acipenser brevirostrum
) and American eel
				(
Anguilla rostrata
).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.7 - Navigation channels

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Navigation channels are tidal water areas including the Atlantic Ocean, inlets,
				bays, rivers and tidal guts with sufficient depth to provide safe navigation.
				Navigation channels include all areas between the top of the channel slopes on
				either side. These navigation channels are often marked with buoys or stakes.
				Major navigation channels are shown on NOAA/National Ocean Service
				Charts.
(b) Standards relevant to
				navigation channels are as follows:
1.
				Development which would cause terrestrial soil and shoreline erosion and
				siltation in navigation channels shall utilize appropriate mitigation
				measures;
2. Development which
				would result in loss of navigability is prohibited;
3. Any construction which would extend into a
				navigation channel is prohibited;
4. The placement of structures within 50 feet
				of any authorized navigation channel is discouraged, unless it can be
				demonstrated that the proposed structure will not hinder navigation;
5. Maintenance dredging, as defined in
				7:7-12.6, of navigation channels to
				provide for safe navigation is conditionally acceptable, provided the dredging
				operation and the management of the dredged material meet the requirements of
				7:7-12.6 and Appendix G;
				and
6. New dredging, as defined in
				7:7-12.7, to expand the depth,
				length, and/or width of a previously authorized navigational channel to provide
				for safe navigation is conditionally acceptable provided the dredging operation
				and the management of the dredged material meet the requirements of
				7:7-12.7 and Appendix G.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.8 - Canals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Canals are
				navigation channels for boat traffic through land areas which are created by
				cutting and dredging or other human construction technique sometimes enlarging
				existing natural surface water channels. The Cape May, Point Pleasant, and
				Delaware and Raritan Canals are the principal examples in the New Jersey
				coastal zone.
(b) In canals
				presently used for navigation, any use that would interfere with existing or
				proposed canal boat traffic is prohibited.
(c) In the Delaware and Raritan Canal, and in
				the surrounding Review Zone established by the Delaware and Raritan Canal
				Commission, development must be consistent with the rules and regulations of
				the Review Zone of the Delaware and Raritan Canal State Park ( N.J.A.C.
				7:45).
(d) Rationale: Canals
				represent a large capital investment to create boat traffic routes. Of the
				coastal canals, the Cape May and Manasquan-Bay Head canals are still used
				extensively for their original purposes. Maintenance of this original function
				is encouraged. Abandoned canals offer recreational opportunities. The Delaware
				and Raritan Canal has been redeveloped as a State park with recreational
				boating and continued use as a water supply facility. Similar reuses in the
				coastal zone are encouraged.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.9 - Inlets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inlets are
				natural channels through barrier islands allowing movement of fresh and salt
				water between the ocean and the back bay system. Inlets naturally have delta
				fans of sediment seaward and landward, deposited by the ebb and flow of the
				tide.
1. The seaward limit of an inlet is
				defined as the seaward extent of the ebb delta fan. The landward limit is
				defined as the inland extent of the flood delta fan.
2. If there is doubt about the extent of
				these fans, the applicant shall submit up-to-date bathymetric surveys and
				Department staff will determine the boundary on a case-by-case basis.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.10 - Marina moorings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Marina
				moorings are areas of water that provide mooring, docking and boat maneuvering
				room as well as access to land and navigational channels for five or more
				recreational boats.
(b) Non-water
				dependent development in a marina mooring area is prohibited.
(c) Any use that would detract from existing
				or proposed recreational boating use in marina mooring areas is
				discouraged.
(d) Rationale:
				Continued operation of marinas is encouraged since they benefit the State by
				attracting tourists and associated revenues and by providing recreational
				opportunities to the estimated 25 percent of residents that go boating in the
				bays and coastal waters of the State (1977 Eagleton Institute Poll).