New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.6 - Submerged vegetation habitat

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A submerged vegetation habitat special area consists of water areas supporting
				or documented as previously supporting rooted, submerged vascular plants such
				as widgeon grass (
Ruppia maritima
), sago pondweed
				(
Potamogeton pectinatus
), horned pondweed
				(
Zannichellia palustris
), and eelgrass (
Zostera
				marina
). In New Jersey, submerged vegetation is most prevalent in the
				shallow portions of the Navesink, Shrewsbury, Manasquan, and Metedeconk Rivers,
				and in Barnegat, Manahawkin, and Little Egg Harbor Bays. Other submerged
				vegetation species in lesser quantities include, but are not limited to, the
				following: water weed (
Elodea nuttalli
),
Eriocaulon
				parkeri
,
Liaeopsis chinesis
,
Naja
				flexilis
,
Nuphar variegatum
,
Potamogeton
				crispus
,
Potamogeton epihydrus
,
Potamogeton
				perfoliatus
,
Potamogeton pusillus
,
Scirpus
				subterminalis
, and
Vallisneria americana
. Detailed
				maps of the distribution of the above species for New Jersey, and a method for
				delineation, are available from the Department in the New Jersey Submerged
				Aquatic Vegetation Distribution Atlas (Final Report), February, 1980, conducted
				by Earth Satellite Corporation and also on "Eelgrass Inventory" maps prepared
				by the Division of Fish and Wildlife, Bureau of Shellfisheries, 1983. If the
				Department is presented with clear and convincing evidence that a part of its
				mapped habitat lacks the physical characteristics necessary for supporting or
				continuing to support the documented submerged vegetation species, such a site
				would be excluded from the habitat definition.
(b) Development in submerged vegetation
				habitat is prohibited except for the following:
1. Trenching for utility pipelines and
				submarine cables in the public interest, provided there is no practicable or
				feasible alternative alignment, the impact area is minimized and that,
				following pipeline or cable installation, the disturbed area is restored to its
				preconstruction contours and conditions. This may include subsequent monitoring
				and replanting of the disturbed area if these species have not recolonized the
				disturbed area within three years. The use of directional drilling techniques
				for utility installations is strongly encouraged, rather than the use of
				trenching;
2. New dredging, as
				defined at 7:7-12.7, of navigation channels
				maintained by the State or Federal government provided that there is no
				practicable or feasible alternative to avoid the vegetation; and that impacts
				to the habitat area (for example, dredging width, length, and depth) are
				minimized to the maximum extent practicable. Mitigation will be required for
				destruction of one acre or more which possesses submerged aquatic
				vegetation;
3. Maintenance
				dredging, as defined at
				7:7-12.6, of previously authorized,
				existing navigation channels maintained by the State or Federal government
				provided that there is no practicable or feasible alternative to avoid the
				vegetation and that impacts to the habitat area are minimized to the maximum
				extent practicable;
4. New and
				maintenance dredging, as defined at
				7:7-12.6 and 12.7, of previously
				authorized operating marinas and any necessary access channels to the expanded
				portion of such marinas (this exception does not include the boat basin of the
				expanded portion of the marina) and existing launching facilities with 25 or
				more dockage, storage, or trailer parking units and their associated access
				channels, provided the proposed areas to be dredged (such as channel length,
				depths, and widths) are minimized to the maximum extent practicable;
5. Maintenance dredging, as defined at
				7:7-12.6, to regain access to
				existing private docks, piers, boat ramps, and mooring piles not associated
				with marinas that were previously dredged to an authorized channel and/or
				mooring depth, width, and length, provided there is no practicable or feasible
				alternative on site that would avoid dredging in submerged vegetation
				habitat;
6. Construction of a
				single noncommercial dock or pier provided that:
i. There are no practicable or feasible
				alternatives to avoid impacts to submerged vegetation habitat at the
				site;
ii. The width of the
				structure will not exceed four feet, except for that portion of the structure
				adjacent to the mooring area, where the width and length may not exceed six and
				20 feet, respectively;
iii. The
				pier shall have no more than two designated slips. No boats may be moored at a
				non-designated pier/dock area;
iv.
				No more than one pier shall be placed for every building lot and each building
				lot shall have a forty foot or greater frontage on the water. Where more than
				one lot has been assembled for the purpose of building, only one pier will be
				allowed;
v. No dredging shall be
				performed in conjunction with the use of the dock or pier;
vi. A minimum water depth of four feet at
				mean low water must be present in the area where the boats will be moored;
				and
vii. There is no alternative
				mooring area at the site that would have less impact on the submerged aquatic
				vegetation;
7. The
				extension of existing piers or floating docks through submerged vegetation
				habitat to water at least four feet deep at mean low water, for the purpose of
				eliminating dredging or boating through submerged vegetation habitat, provided
				the width of the extended portion of the pier does not exceed four feet (except
				for the portion of the pier adjacent to the mooring area where the width shall
				not exceed six feet), there will be no increase in the number of boat moorings,
				and no dredging will be performed in conjunction with the use of the structure;
				and
8. The establishment of a
				living shoreline in submerged vegetation habitat to address the loss of
				vegetated shorelines and habitat in the littoral zone is conditionally
				acceptable provided the living shoreline complies with
				7:7-12.23.