New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:7-1.5 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise. Additional definitions specifically applicable to N.J.A.C. 7:7-13,
				  Requirements for Impervious Cover and Vegetative Cover for General Land Areas
				  and Certain Special Areas, are set forth at
				  N.J.A.C.
				  7:7-13.2. Additional definitions specifically
				  applicable to N.J.A.C. 7:7-17, Mitigation, are set forth at
				  N.J.A.C.
				  7:7-17.1.
"Acceptable" means that a proposed use of coastal resources
				  is likely to be approved.
"Administratively complete" means that every item required on
				  the application checklist for the coastal permit being sought is included in
				  the application.
"Amusement pier" means an elevated, pile-supported structure
				  located on a beach and/or tidal water, seaward of a bulkhead or boardwalk, and
				  perpendicular to the mean high water line, on which amusements are located. For
				  purposes of this definition, "amusements" includes rides, games of skill or
				  chance for prizes other than cash payoffs, and vendors of toys and/or other
				  merchandise. "Amusements" also means bar and restaurant establishments and
				  entertainment venues such as stage and band shells and associated seating
				  areas. "Amusements" do not include games for cash payoffs.
"Area" means "site," as defined elsewhere in this
				  section.
"Beach" means the special area described at
				  N.J.A.C.
				  7:7-9.22(a).
"Beach berm" means the nearly horizontal part of the beach
				  lying between the crest of the berm and the toe of the primary dune or first
				  paved public right-of-way, whichever is more waterward. The berm is the sloping
				  portion of the beach profile from the upper limit of wave up-rush to the lower
				  limit of wave run-down at low tide.
"Bulkhead" means a vertical shore protection structure
				  installed to withstand the forces of waves and currents. A bulkhead is not a
				  "revetment" or a "gabion" as defined elsewhere in this section.
"CAFRA" means the Coastal Area Facility Review Act, N.J.S.A.
				  13:19-1 et seq.
"CAFRA area" means the "coastal area" defined in CAFRA at
				  N.J.S.A. 13:19-4.
"Charitable conservancy" means a corporation or trust that
				  meets the definition of a charitable conservancy at N.J.S.A. 13:8B-2. (Note: As
				  of July 6, 2015, the definition of charitable conservancy at N.J.S.A. 13:8B-2
				  is a corporation or trust whose purposes include the acquisition and
				  preservation of land or water areas or of a particular land or water area, or
				  either thereof, in a natural, scenic or open condition, no part of the net
				  earnings of which inures to the benefit of any private shareholder or
				  individual, and which has received tax exemption under section 501(c) of the
				  1954 Internal Revenue Code.)
"City of the fourth class" means a city as defined at
				  N.J.S.A. 40A:6-4d which borders on the Atlantic Ocean and which is a seaside or
				  summer resort.
"Coastal bluff" means the special area described at
				  N.J.A.C.
				  7:7-9.29(a).
"Coastal permit" or "permit" means a permit or an
				  authorization issued under this chapter pursuant to CAFRA, the Wetlands Act of
				  1970, N.J.S.A. 13:9A-1 et seq., or the Waterfront Development Law, N.J.S.A.
				  12:5-3.
"Coastal zone" means the areas described at
				  N.J.A.C.
				  7:7-1.2(b).
"Commercial development" means a development designed,
				  constructed, or intended to accommodate commercial, retail, or office uses.
				  "Commercial development" shall include, but need not be limited to, any
				  establishment used for the wholesale or retail sale of food, beverage, or other
				  merchandise, or any establishment used for providing professional, financial,
				  or other commercial services.
"Commissioner" means the Commissioner of the Department, or
				  designated representative.
"Complete for public comment" means that an application for a
				  CAFRA individual permit is both administratively and technically complete and
				  is ready for the public comment process set forth at N.J.A.C. 7:7 -26.4.
"Complete for public hearing" means that an application for a
				  CAFRA individual permit is both administratively and technically complete and
				  is ready for the public hearing and comment process set forth at
				  N.J.A.C.
				  7:7-26.5.
"Complete for review" means that an application for a coastal
				  permit is both administratively and technically complete and is ready to be
				  evaluated by the Department for compliance with the applicable requirements of
				  this chapter. However, an application for a CAFRA individual permit is complete
				  for review only when it is both administratively and technically complete and
				  either the public comment process set forth at
				  N.J.A.C.
				  7:7-26.4 or the public hearing and comment
				  process set forth at NJ.A.C. 7:7-26.5 has been completed.
"Conditionally acceptable" means that a proposed use of
				  coastal resources is likely to be acceptable, provided that conditions
				  specified in the rules are satisfied.
"Conservation restriction" means a restriction, easement,
				  covenant, or condition, in any deed, will or other instrument, other than a
				  lease, executed by or on behalf of the owner of the land, appropriate to
				  retaining land or water areas predominantly in their natural state, scenic or
				  open or wooded condition, or for conservation of soil or wildlife, or for
				  outdoor recreation or park use, or for public access to tidal waterways and
				  their shores, or as suitable habitat for fish or wildlife, to forbid or limit
				  any or all of the following:
1. Construction or placing of buildings, roads, signs,
				  billboards or other advertising, or other structures on or above the
				  ground;
2. Dumping or placing of soil or other substance or material
				  as landfill, or dumping or placing of trash, waste or unsightly or offensive
				  materials;
3. Removal or destruction of trees, shrubs or other
				  vegetation;
4. Excavation, dredging or removal of loam, peat, gravel,
				  soil, rock or other mineral substance;
5. Surface use except for the purposes permitting the land or
				  water area to remain predominantly in its natural condition;
6. Activities detrimental to drainage, flood control, water
				  conservation, erosion control or soil conservation, or fish and wildlife
				  habitat preservation; and/or
7. Other acts or uses detrimental to the retention of land or
				  water areas according to the purposes of this chapter.
"Deck" means a horizontal platform that is not enclosed by
				  windows, walls, doors, or screens and is not covered by a roof.
"Department" means the Department of Environmental
				  Protection.
"Development" means any activity for which a coastal wetlands
				  permit, waterfront development permit, or Federal consistency determination is
				  required, including site preparation and clearing. Development for an
				  application under CAFRA means the construction, relocation, or enlargement of
				  the footprint of development of any building or structure and all site
				  preparation therefor, the grading, excavation, or filling on beaches and dunes,
				  and shall include residential development, commercial development, industrial
				  development, and public development. Development under CAFRA and the Waterfront
				  Development Law does not include repairs or maintenance such as replacing
				  siding, windows, or roofs, unless such repairs or maintenance are associated
				  with enlargements which are not exempt under CAFRA pursuant to
				  N.J.A.C.
				  7:7-2.2(c)4  or the
				  Waterfront Development Law pursuant to
				  N.J.A.C.
				  7:7-2.4(d). Development
				  under CAFRA does not include debris removal or cleanup provided such activities
				  do not involve excavation, grading, or filling on beaches and dunes.
"Discouraged" means that a proposed use of coastal resources
				  is likely to be rejected or denied as the Department has determined that such
				  uses of coastal resources should be deterred. In cases where the Department
				  considers the proposed use to be in the public interest despite its discouraged
				  status, the Department may permit the use provided that mitigating or
				  compensating measures can be taken so that there is a net gain in quality and
				  quantity of the coastal resource of concern.
"Division" means the Division of Land Use Regulation in the
				  Department.
"Dredged material" means the sediment removed from below the
				  spring high water line. In accordance with the Solid Waste rules at
				  N.J.A.C.
				  7:26-1.6, dredged material is not considered
				  a solid waste.
"Dredging" means the removal of sediment located waterward of
				  the spring high water line. Dredging does not include excavation.
"Dune" means the special area described at
				  N.J.A.C.
				  7:7-9.16(a).
"Duplex" means a residential structure of two attached units
				  in which the interior living space of one unit directly abuts the interior
				  living space of the other unit, either in a side-by-side arrangement sharing a
				  common wall or in a lower unit-upper unit arrangement.
"Dwelling unit" means a house, townhouse, apartment,
				  cooperative, condominium, cabana, hotel or motel room, a patient/client room in
				  a hospital, nursing home or other residential institution, mobile home,
				  campsite for a tent or recreational vehicle, floating home, or any other
				  habitable structure of similar size and potential environmental impact, except
				  that dwelling unit shall not mean a vessel as defined at N.J.S.A.
				  12:7-71.
"Electrical substation" means a subsidiary facility of an
				  electric power system through which electricity is passed for transmission,
				  transformation, or distribution. For example, an electrical substation may
				  transform high voltage electricity to low voltage electricity for distribution.
				  An electrical substation consists of the footprint of the substation equipment,
				  the safety zone, and the area necessary for access and parking.
"Encouraged" means that a proposed use of coastal resources
				  is acceptable and is a use, by its purpose, location, design, and effect, that
				  the Department has determined should be fostered and supported in the coastal
				  zone.
"Engineered beach" means a beach built in accordance with
				  either:
1. A Federally authorized beach berm design template for
				  shore protection and/or storm damage reduction purposes for which the
				  Department has issued a Federal consistency determination under this chapter;
				  or
2. A beach berm design template for shore protection and/or
				  storm damage reduction purposes that has been funded through the New Jersey
				  Shore Protection Program and for which the Department has issued a permit under
				  this chapter.
For purposes of this definition, the beach berm design
				  template is the height, width, slope, and length of the engineered
				  beach.
"Engineered dune" means a dune built in accordance with
				  either:
1. A Federally authorized dune design template for shore
				  protection and/or storm damage reduction purposes for which the Department has
				  issued a Federal consistency determination under this chapter; or
2. A dune design template for shore protection and/or storm
				  damage reduction purposes that has been funded through the New Jersey Shore
				  Protection Program and for which the Department has issued a permit under this
				  chapter.
For purposes of this definition, the dune design template is
				  the height, width, slope, and length of the engineered dune.
"Engineering certification" means a document, signed and
				  sealed by a New Jersey licensed professional engineer, which confirms that one
				  or more requirements of this chapter are met, and which is accompanied by all
				  supporting documentation, calculations, and other information upon which the
				  certification is based. Upon clear and compelling evidence of a threat to
				  public health, safety, welfare, and the environment, a New Jersey licensed
				  professional engineer employed by the Department can reject an engineering
				  certification submitted under this chapter.
"Excavation" means the removal of soil or any other material
				  located landward of the spring high water line.
"Federal consistency determination" means a determination by
				  the Department of the consistency with this chapter of a proposed Federal
				  action that has reasonably foreseeable effects on any land or water use or
				  natural resource of the coastal zone pursuant to Section 307 of the Federal
				  Coastal Zone Management Act,
				  16 U.S.C. §
										1456. There are four types of Federal
				  actions:
1. Federal agency activities, which are activities and
				  development projects performed by a Federal agency, or a contractor for the
				  benefit of the Federal agency;
2. Federal license or permit activities, which are activities
				  performed by a non-Federal entity requiring a Federal permit, license, or other
				  form of Federal authorization;
3. Outer Continental Shelf (OCS) Plans, which are the
				  Department of the Interior, Bureau of Ocean Energy Management approvals of OCS
				  plans, pursuant to the Outer Continental Shelf Lands Act,
				  43
				  U.S.C. §§
										1331 et seq.; and
4. Federal assistance to state and local governments, which
				  are the applications for Federal financial assistance by state or local
				  governments.
"FEMA" means the Federal Emergency Management Agency.
"FEMA flood mapping" means information published or publicly
				  released by FEMA regarding the frequency, location, and/or extent of flooding
				  in a community, such as flood elevations, flood profiles, flow rates, and
				  floodway limits, and FEMA 100-year flood elevation as defined in the Flood
				  Hazard Area Control Act Rules at
				  N.J.A.C.
				  7:13-1.2. For the purposes of this chapter,
				  such information shall include only that information adopted as part of the
				  most recent effective FEMA Flood Insurance Study, dated on or after January 31,
				  1980, or any more recent advisory or proposed (preliminary) flood mapping, if
				  the more recent advisory or proposed (preliminary) mapping results in higher
				  flood elevations, wider floodway limits, and greater flow rates, than depicted
				  in the most recent effective FEMA Flood Insurance Study, or indicates a change
				  from an A zone to a V zone or coastal A zone. Effective and proposed
				  (preliminary) FEMA flood mapping can be viewed at
https://msc.fema.gov
and advisory
				  flood mapping for coastal areas, where available, can be viewed at
http://www.region2coastal.com
.
				  Questions regarding the availability, use, derivation, or modification of FEMA
				  flood mapping should be directed to FEMA at (800) 358-9616.
"Filling" means the depositing of sand, gravel, earth or any
				  other material.
"Floating home" means any waterborne structure designed and
				  intended primarily as a permanent or seasonal dwelling, not for use as a
				  recreational vessel, which will remain stationary for more than 10 consecutive
				  days.
"Floodway" has the same meaning as the definition of that
				  term in the Flood Hazard Area Control Act rules at
				  N.J.A.C.
				  7:13-1.2.
"Footprint of development" means the vertical projection to
				  the horizontal plane of the exterior of all exterior walls of a
				  structure.
"Gabion" means a shore protection structure that is comprised
				  of wire mesh basket(s) or mattress(es) filled with rock and used in multiples
				  as a structural unit installed to withstand the forces of waves and currents. A
				  gabion is not a "bulkhead" or a "revetment" as defined elsewhere in this
				  section.
"Governmental agency" means the Government of the United
				  States, the State of New Jersey, or any other state, or a political
				  subdivision, authority, agency or instrumentality thereof, and shall include
				  any interstate agency or authority.
"Grace period" means the period of time afforded under the
				  Grace Period Law, N.J.S.A. 13:1D-125 et seq., for a person to correct a minor
				  violation in order to avoid imposition of a penalty that would otherwise be
				  applicable for such violation.
"Grading" means leveling off to a smooth horizontal or
				  sloping surface.
"Habitable" with reference to structures or development means
				  a structure or development that has been or could have been legally occupied in
				  the most recent five-year period.
"Homeland security facility" means any facility deemed by the
				  Department in consultation with the New Jersey Office of Homeland Security and
				  Preparedness or the United States Department of Homeland Security to be either
				  critical in nature or a key resource. These facilities may include, but are not
				  limited to, airports and military facilities, certain transportation
				  infrastructure, and certain chemical or energy facilities and utilities, marine
				  terminal or transfer facilities, and freight or passenger rail lines.
"Impervious cover" means any structure, surface, or
				  improvement that reduces and/or prevents absorption of stormwater into land.
				  Porous paving, paver blocks, gravel, crushed stone, crushed shell, elevated
				  structures (including boardwalks), and other similar structures, surfaces, or
				  improvements are considered impervious cover. Grass, lawns, or any other
				  vegetation are not considered impervious cover.
"Industrial development" means a development that involves a
				  manufacturing or industrial process, and shall include, but is not limited to,
				  electric power production, food and food by-product processing, paper
				  production, agri-chemical production, chemical processes, storage facilities,
				  metallurgical processes, mining and excavation processes, and processes using
				  mineral products.
"Invasive plant species" means a plant species that is
				  non-native (or alien) to the ecosystem under consideration and whose
				  introduction causes or is likely to cause economic or environmental harm or
				  harm to human health.
"Linear development" means a development with the basic
				  function of connecting two points, such as a road, drive, public walkway,
				  railroad, sewerage pipe, stormwater management pipe, gas pipeline, water
				  pipeline, or electric, telephone or other transmission lines.
"Living shoreline" means a shoreline management practice that
				  addresses the loss of vegetated shorelines, beaches, and habitat in the
				  littoral zone by providing for the protection, restoration, or enhancement of
				  these habitats. This is accomplished through the strategic placement of plants,
				  stone, sand, or other structural and organic materials. There are three types
				  of living shorelines: natural, hybrid, and structural. Natural living
				  shorelines include natural vegetation, submerged aquatic vegetation, fill, and
				  biodegradable organic materials. Hybrid living shorelines incorporate natural
				  vegetation, submerged aquatic vegetation, fill, biodegradable organic
				  materials, and low-profile rock structures such as segmented sills, stone
				  containment, and living breakwaters seeded with native shellfish. Structural
				  living shorelines include, but are not limited to, revetments, breakwaters, and
				  groins.
"Location" means "site," as defined elsewhere in this
				  section.
"Major commercial development" means a commercial development
				  with a cumulative building area of greater than 100,000 square feet.
"Man-made lagoon" means an artificially created linear
				  waterway sometimes branched, ending in a dead end with no significant upland
				  drainage. Lagoons have been created through dredging and filling of wetlands,
				  bay bottom and other estuarine water areas for the purpose of creating
				  waterfront lots for residential development adjacent to the lagoon. A natural
				  waterway which is altered by activities including, but not limited to, filling,
				  channelizing, or bulkheading shall not be considered a man-made lagoon, nor
				  shall a bulkheaded boatslip be considered a lagoon.
"Mean high water" is a tidal datum that is the arithmetic
				  mean of the high water heights observed over a specific 19-year Metonic cycle
				  (the National Tidal Datum Epoch). For the New Jersey coast, the two high waters
				  of each tidal day are included in the mean. This datum is available from the
				  Department, Bureau of Tidelands Management.
"Mean high water line" is the intersection of the land with
				  the water surface at the elevation of mean high water. The elevation of mean
				  high water varies along the oceanfront and the tidal bays and streams in the
				  coastal zone.
1. For practical purposes, the mean high water line is often
				  referred to as the "ordinary" high water line, which is typically identified as
				  the limit of wet sand or debris line on a beach, or by a stain line on a
				  bulkhead or piling. However, for the purpose of establishing regulatory
				  jurisdiction pursuant to CAFRA and the Waterfront Development Law, the surveyed
				  mean high water elevation will be used.
"Minor commercial development" means a commercial development
				  with a cumulative building area of 100,000 square feet or less.
"Mitigation area" means the portion of a site or piece of
				  property upon which mitigation is proposed or performed. If a mitigation area
				  includes a wetland, a wetland buffer is included as part of the mitigation area
				  in accordance with
				  N.J.A.C.
				  7:7-17.14(b).
"Mitigation bank" means an operation in which wetlands,
				  uplands, and/or other aquatic resources are restored, created, enhanced, or
				  preserved by a mitigation bank operator, for the purpose of providing
				  compensatory mitigation.
"Mooring" means the structure and/or water area adjacent to
				  the structure where boats and/or jet skis are secured by cables, anchors, or
				  lines. Examples of moorings that are structures include docks, jet ski drive-on
				  docks, bulkheads, boat lifts, pilings, and buoys.
"Navigable" means waters that are deep enough and wide enough
				  to afford passage to watercraft, including canoes or kayaks, at high tide.
				  Navigability will also apply to areas upstream of obstructions (for example,
				  culverts), provided that the water course is still tidally influenced in the
				  upstream area.
"NOAA" means the National Oceanic and Atmospheric
				  Administration.
"Non-polluting material" means a material such as plastic,
				  natural cedar or other untreated wood, polymer coated pressure-treated wood,
				  concrete, steel, or other inert products. Creosote and pressure-treated lumber
				  (that is, treated with preservatives such as CCA-C, ACZA, CC, and ACQ) which is
				  susceptible to leaching is not considered "non-polluting material."
"Non-waterward side of development" means the area of the
				  site located landward of the line(s) drawn through point(s) of the footprint of
				  the building closest to the water and parallel to the water body, which line
				  extends to the property boundaries.
"Parcel" means the totality of all contiguous lots under
				  common ownership on April 4, 2011.
"Person" means any corporation, corporate official, company,
				  association, society, firm, partnership, individual, government agency, or
				  joint stock company.
"Pesticide" means any substance defined as a pesticide
				  pursuant to the provisions of N.J.A.C. 7:30.
"Porch" means a covered or uncovered entrance, directly
				  connected to a residential dwelling.
"Prohibited" means that a proposed use of coastal resources
				  is unacceptable and that the Department will use its legal authority to reject
				  or deny the proposal.
"Property as a whole" means all property assembled as one
				  investment or to further one development plan. The property as a whole may
				  include more than one municipal tax block or lot. The property as a whole may
				  also include blocks or lots that were previously sold or developed, if those
				  blocks or lots and the remaining unsold or undeveloped blocks or lots were part
				  of one investment or development plan. In determining the property as a whole
				  in a particular case, the Department shall consider existing legal precedent
				  regarding what constitutes "property as a whole" at the time of the
				  determination.
"Public accessway" means a route that provides a means for
				  the public to reach, pass along, and/or use lands and waters subject to public
				  trust rights. Public accessways include streets, paths, trails, walkways,
				  easements, paper streets, dune walkovers/walkways, piers and other
				  rights-of-way.
"Public development" means a solid waste facility, including
				  incinerators and landfills, wastewater treatment plant, public highway, airport
				  including single or multi- air strips, an above or underground pipeline
				  designed to transport petroleum, natural gas, or sanitary sewage, and a public
				  facility, and shall not mean a seasonal or temporary structure related to the
				  tourism industry, an educational facility or power lines. "Public development"
				  does not have to be publicly funded or operated.
"Public highway" means a "public highway" as defined at
				  N.J.S.A. 27:1B-3, namely public roads, streets, expressways, freeways,
				  parkways, motorways, and boulevards, including bridges, tunnels, overpasses,
				  underpasses, interchanges, rest areas, express bus roadways, bus pullouts and
				  turnarounds, park-ride facilities, traffic circles, grade separations, traffic
				  control devices, the elimination or improvement of crossings of railroads and
				  highways, whether at grade or not at grade, and any facilities, equipment,
				  property, rights-of-way, easements, and interests therein needed for the
				  construction, improvement, and maintenance of highways.
"Public Trust Doctrine" means a common law principle that
				  recognizes that the public has particular inalienable rights to certain natural
				  resources. These resources include, but are not limited to, tidal waterways,
				  the underlying submerged lands and the shore waterward of the mean high water
				  line, whether owned by a public, quasi-public or private entity. In the absence
				  of a grant from the State, submerged lands under tidal waterways and the shore
				  of tidal waterways waterward of the mean high water line are owned by the
				  State. Regardless of the ownership of these resources, under the Public Trust
				  Doctrine, the public has rights of access to and use of these resources, as
				  well as a reasonable area of shoreline landward of the mean high water line.
				  Under the Public Trust Doctrine, the State is the trustee of these publicly
				  owned resources and public rights for the common benefit and use of all people
				  without discrimination. As trustee, the State has a fiduciary obligation to
				  ensure that its ownership, regulation and protection of these properties and
				  rights will safeguard them for the enjoyment of present and future generations.
				  The public rights to use these resources extend both to traditional activities
				  such as navigation and fishing, but also to recreational uses such as swimming,
				  sunbathing, fishing, surfing, sport diving, bird watching, walking and boating.
				  The specific rights recognized under the Public Trust Doctrine, a common law
				  principle, continue to develop through individual court decisions. See, for
				  example, Arnold v. Mundy, 6 N.J.L. 1 (1821), Borough of Neptune v. Borough of
				  Avon-by-the-Sea, 61 N.J. 296 (1972), Hyland v. Borough of Allenhurst, 78 N.J.
				  190 (1978); Matthews v. Bay Head Improvement Association, 95 N.J. 306 (1984);
				  Slocum v. Borough of Belmar, 238 N.J.Super. 179 (Law Div. 1989); National Ass'n
				  of Homebuilders v. State, Dept. of Envt'l Protect., 64 F.Supp.2d 354 (D.N.J.
				  1999); Raleigh Ave. Beach Ass'n v. Atlantis Beach Club, Inc., 185 N.J. 40
				  (2005); Illinois Central R.R. v. Illinois, 146 U.S. 387 (1892); Phillips
				  Petroleum Co. v. Mississippi, 484 U.S. 469 (1988); Karam v. NJDEP, 308 N.J.
				  Super. 225, 240 (App. Div. 1998), aff'd, 157 N.J. 187 (1999), cert. denied, 528
				  U.S. 814 (1999).
"Pumpout facility" means a facility intended to receive the
				  discharge of wastewater from a marine sanitation device. Pumpout facilities
				  include, but are not limited to, fixed pumpout stations, dockside pumpouts,
				  portable pumpouts, pumpout boats, and dump stations.
"Qualifying municipality" means a municipality that qualifies
				  under N.J.S.A. 52:27D-178 et seq. to receive State aid for the purpose of
				  enabling such municipalities to maintain and upgrade municipal services and
				  offset local property taxes. Under N.J.S.A. 52:27D-178 et seq., the Department
				  of Community Affairs (DCA) establishes a list of qualifying municipalities for
				  each State fiscal year. DCA's list of qualifying municipalities may be obtained
				  on request from the Department at the address set forth at
				  N.J.A.C.
				  7:7-1.6.
"Reconstruction" means the repair or replacement of a
				  building, structure, or other parts of a development, provided that such repair
				  or replacement does not increase or change the location of the footprint of the
				  preexisting development, does not increase the area covered by buildings and/or
				  asphalt or concrete pavement, and does not result in a change in the use of the
				  development. Reconstruction of docks and piers means repair or replacement in
				  the same location and size of the preexisting structure. Reconstruction does
				  not include repairs or maintenance, such as replacing siding, windows, or
				  roofs, unless such repairs or maintenance are associated with enlargements
				  which are not exempt pursuant to
				  N.J.A.C.
				  7:7-2.2(c)4.
"Redevelopment" means the development of a previously
				  developed site that has been inactive, underutilized, or abandoned for five
				  years or less.
"Regulated activity" or "activity" means any activity for
				  which a permit is required under CAFRA, the Wetlands Act of 1970, or the
				  Waterfront Development Law, and shall also include the terms "project" and
				  "development."
"Regulated wetland" means any wetland which has been mapped
				  and the map promulgated pursuant to the Wetlands Act of 1970.
"Residential development" means a development that provides
				  one or more dwelling units.
"Revetment" means a sloped shore protection structure
				  consisting of a facing made of stone, placed on a bank, bluff, or shoreline to
				  withstand the forces of waves and currents. A revetment is not a "gabion" or
				  "bulkhead" as defined elsewhere in this section.
"Rotor swept area" means the area of the circle delineated by
				  the tips of the blades of the wind turbine for a horizontal axis wind turbine,
				  and the area determined by multiplying the rotor radius times the rotor height
				  times 3.14 for a vertical axis wind turbine.
"Seasonal or temporary structures related to the tourism
				  industry" means lifeguard stands and associated temporary equipment storage
				  containers, picnic tables, benches and canopies, beach badge sheds, wooden
				  walkways, stage platforms, and portable restrooms, which remain in place only
				  during the period from May 1 through October 31, and provided that the
				  placement of such structures does not involve the excavation, grading or
				  filling of a beach or dune.
"Sewer service area" means the land area identified in an
				  areawide Water Quality Management plan from which wastewater generated is
				  designated to flow to a domestic treatment works or industrial treatment works.
				  A distinct sewer service area is established for each domestic treatment works
				  and industrial treatment works. Adopted updates to sewer service area maps and
				  proposed changes to sewer service areas can be viewed at
http://www.nj.gov/dep/wrm
.
"Site" means the lot or lots upon which a proposed
				  development is to be constructed.
"Site plan" or "plan" means, for the purposes of this
				  chapter, a graphic depiction of land, vegetation, water, structures, and other
				  physical features on paper, such as a blueprint, construction plan,
				  cross-section, topographic map, architectural rendering, or other similar
				  illustration, which is submitted to the Department to describe an existing or
				  proposed activity or condition.
"Site preparation" means physical activity which is an
				  integral part of a continuous process of land development or redevelopment for
				  a particular development which must occur before actual construction of that
				  development may commence. It does not include the taking of soil borings,
				  performing percolation tests, or driving of less than three test
				  pilings.
"Solar panel" means an elevated panel or plate, or a canopy
				  or array thereof, that captures and converts solar radiation to produce power,
				  and includes flat plate, focusing solar collectors, or photovoltaic solar cells
				  and excludes the base or foundation of the panel, plate, canopy, or
				  array.
"Spring high water line" means the intersection of the land
				  with the water surface at the elevation of spring high tide.
"Spring tide" means a tide that occurs at or near the time of
				  new and full moon and which rises highest (spring high tide) and falls lowest
				  (spring low tide) from the mean level.
"State Aid Agreement" means a binding agreement between the
				  Department and a municipality or county for the construction of a shore
				  protection project funded through the State Shore Protection Fund. The State
				  Aid Agreement for Federally-funded projects contains the project agreement
				  between the Department and the USACE which defines the project design
				  template.
"Stormwater management facility" means a facility which
				  receives, stores, conveys, or discharges stormwater runoff and is designed in
				  accordance with all applicable local, county, and State regulations. A
				  stormwater management facility may be a retention or detention basin;
				  infiltration structure; grassed swale; filter fabric; rip-rap channel; and/or
				  stormwater outfall.
"Structure" means any assembly of materials above, on, or
				  below the surface of the land or water, including, but not limited to,
				  buildings, fences, dams, pilings, footings, breakwaters, culverts, pipes,
				  pipelines, piers, roads, railroads, and bridges, and includes floating
				  structures.
"Technically complete" means that each item included in an
				  application for a coastal permit other than a CAFRA individual permit provides
				  sufficient information for the Department to declare the application complete
				  for review. For an application for a CAFRA individual permit, technically
				  complete means that each item included in the application provides sufficient
				  information for the Department to determine the application is complete for
				  public comment or complete for public hearing.
"Tidelands instrument" means a written document conveying,
				  leasing or licensing lands owned or claimed to be owned as present or formerly
				  flowed tidelands by the State of New Jersey to public entities or private
				  interests pursuant to N.J.S.A. 12:3-1 et seq. and N.J.S.A. 13:1B-13 et seq.
				  Tidelands instruments include licenses, long-term leases, conveyances (often
				  called grants), and management agreements. These documents are recorded in the
				  office of the clerk of the county or registrar of deeds and mortgages of the
				  county in which the property is located.
"Tidelands Map" means the Tidelands Base Photo Map, adopted
				  by the Department's Tidelands Resource Council under N.J.S.A. 13:1B-13.1 et
				  seq., and which is dated 1977/1978.
"UCC" means the Uniform Construction Code, N.J.A.C.
				  5:23.
"Upland waterfront development area" means the area described
				  at N.J.A.C.
				  7:7-2.4(a)3ii.
"USACE" means the United States Army Corps of
				  Engineers.
"USEPA" means the United States Environmental Protection
				  Agency.
"USFWS" means the United State Fish and Wildlife
				  Service.
"USGS quad map" means a topographic quadrangle map issued by
				  the United States Geological Survey (USGS), 7.5 minute series, drawn at a scale
				  of 1:24,000.
"Water dependent" means development that cannot physically
				  function without direct access to the body of water along which it is proposed.
				  Uses, or portions of uses, that can function on sites not adjacent to the water
				  are not considered water dependent regardless of the economic advantages that
				  may be gained from a waterfront location. Maritime activity, commercial
				  fishing, public waterfront recreation, and marinas are examples of water
				  dependent uses, but only the portion of the development requiring direct access
				  to the water is water dependent. The test for water dependency shall assess
				  both the need of the proposed use for access to the water and the capacity of
				  the proposed water body to satisfy the requirements and absorb the impacts of
				  the proposed use. A proposed use will not be considered water dependent if
				  either the use can function away from the water or if the water body proposed
				  is unsuitable for the use. For example, in a maritime operation, a dock or quay
				  and associated unloading area would be water dependent, but an associated
				  warehouse would not be water dependent.
1. Examples of water dependent uses include: docks, piers,
				  marina activities requiring access to the water, such as commissioning and
				  decommissioning new and used boats, boat repairs and short term parking for
				  boaters, storage for boats which are too large to be feasibly transported by
				  car trailer (generally greater than 24 feet), rack systems for boat storage,
				  industries such as fish processing plants and other commercial fishing
				  operations, port activities requiring the loading and unloading of vessels, and
				  water-oriented recreation.
2. Water dependent uses exclude, for example: housing,
				  hotels, motels, restaurants, warehouses, manufacturing facilities (except for
				  those which receive and quickly process raw materials by ship), dry boat
				  storage for boats that can be transported by car trailer, long-term parking,
				  parking for persons not participating in a water-dependent activity, boat
				  sales, automobile junk yards, and non-water oriented recreation such as roller
				  rinks and racquetball courts.
"Water oriented" means development that serves the general
				  public and derives economic benefit from direct access to the water body along
				  which it is proposed. (Industrial uses need not serve the general public.) A
				  hotel or restaurant, since it serves the public, could be water-oriented if it
				  takes full advantage of a waterfront location. An assembly plant could be water
				  oriented if overland transportation is possible but water-borne receipt of raw
				  materials and shipment of finished products is economically advantageous.
				  Housing is not water-oriented despite the economic premium placed on waterfront
				  housing, because it only benefits those who can afford to buy or rent the
				  housing units.
"Water quality certificate" means a determination by the
				  Department of the consistency with this chapter of an activity that proposes a
				  discharge to waters of the United States that requires a Federal license or
				  permit pursuant to Section 401 of the Federal Clean Water Act,
				  33
				  U.S.C. §
										1341. Federal licenses and
				  permits for which water quality certificates are issued include, but are not
				  limited to:
1. NPDES permits by USEPA under Section 402 of the Federal
				  Clean Water Act,
				  33 U.S.C. §
										1342;
2. Permits for the discharge of dredged or fill material
				  issued by the USACE under Section 404 of the Federal Clean Water Act,
				  33 U.S.C. §
										1344;
3. Permits for activities that have a potential to discharge
				  in navigable waters issued by the USACE under Sections 9 and 10 of the Rivers
				  and Harbors Act,
				  33
				  U.S.C. §§
										403 and
				  404;
				  and
4. Hydropower licenses issued by the Federal Energy
				  Regulatory Commission under Sections 3(11), 4 (e) and 15 of the Federal Power
				  Act, 16 U.S.C. §§
										796(11),
				  797(e),
				  and
				  808.
"Waters of the State" means the ocean and its estuaries, all
				  springs, streams, wetlands, and bodies of surface or groundwater, whether
				  natural or artificial, within the boundaries of the State of New Jersey or
				  subject to its jurisdiction.
"Waters of the United States" means:
1. All waters which are currently used, were used in the
				  past, or may be susceptible to use in interstate or foreign commerce, including
				  all waters which are subject to the ebb and flow of the tide;
2. All interstate waters including interstate
				  wetlands;
3. All other waters such as intrastate lakes, rivers, streams
				  (including intermittent streams), wetlands, mudflats, sand flats, sloughs, wet
				  meadows, or natural ponds, the use, degradation, or destruction of which would
				  affect or could affect interstate or foreign commerce including any such
				  waters:
i. Which are or could be used by interstate or foreign
				  travelers for recreational or other purposes;
ii. From which fish or shellfish are or could be taken and
				  sold in interstate or foreign commerce;
iii. Which are used or could be used for industrial purposes
				  by industries in interstate commerce;
iv. Which are or would be used as habitat by birds protected
				  by Migratory Bird Treaties;
v. Which are or would be used as habitat by other migratory
				  birds which cross state lines;
vi. Which are or would be used as habitat for endangered and
				  threatened species; or
vii. Which are used to irrigate crops sold in interstate
				  commerce;
4. All impoundments of waters otherwise defined as waters of
				  the United States under this definition;
5. Tributaries of waters identified in paragraphs 1 through 4
				  of this definition;
6. The territorial seas; and
7. Wetlands adjacent to waters identified in paragraphs 1
				  through 6 of this definition, other than those that are themselves
				  wetlands.
"Waterward side of development" means the area of the site
				  located between a tidal water body and a line (s) drawn through point(s) of the
				  footprint of the building closest to the water, and parallel to the water body,
				  which line extends to the property boundaries (see Appendix A, herein
				  incorporated by reference).
"Working day" means a day on which the offices of the
				  Department are open for business.