reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.11 - Ports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Ports are water
				areas having, or lying immediately adjacent to, concentrations of shoreside
				marine terminals and transfer facilities for the movement of waterborne cargo
				(including fluids), and including facilities for loading, unloading, and
				temporary storage.
1. Port locations in New
				Jersey include, among others, Newark, Elizabeth, Bayonne, Jersey City,
				Weehawken, Hoboken, Woodbridge, Perth Amboy, Camden, Gloucester City, Paulsboro
				and Salem.
2. Standards for a
				docking facility or concentration of docks for a single industrial or
				manufacturing facility are found at
				7:7-12.4, Docks and piers for cargo
				and commercial fisheries.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.12 - Submerged infrastructure routes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A submerged infrastructure route is the
				corridor in which a pipe or cable runs on or below a submerged land
				surface.
(b) Any activity which
				would increase the likelihood of infrastructure damage or breakage, or
				interfere with maintenance operations is prohibited.
(c) Rationale: Submerged infrastructure
				routes are a large capital investment and much depends on the safe functioning
				of the infrastructure. Both human and natural systems suffer from accidental
				breakage, especially of large oil or gas pipelines. Activities that increase
				hazard for submerged infrastructure must, therefore, be excluded.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.13 - Shipwreck and artificial reef habitats

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The shipwreck and artificial reef
				habitats special area includes all permanently submerged or abandoned remains
				of vessels and other structures, including, but not limited to, artificial
				reefs, anchors, quarry rocks or lost cargo, which serve as a special marine
				habitat or are fragile historic and cultural resources. An artificial reef is a
				man-made imitation of a natural reef created by placing hard structures on the
				sea floor for the purpose of enhancing fish habitat and fish stock. In time, an
				artificial reef will attain many of the biological and ecological attributes of
				a natural reef. Artificial reefs do not include shore protection structures,
				pipelines and other structures not constructed for the sole purpose of fish
				habitat.
1. Known sites include those shown
				either on National Ocean Survey (N.O.S.) charts or listed in the following
				publications: W. Krotee and R. Krotee, Shipwrecks Off the New Jersey Coast
				(1966); B.L. Freeman and L.A. Walford, Angler's Guide to the United States
				Atlantic Coast Fish, Fishing Grounds, and Fishing Facilities (1974); B. Preim,
				J. Carlson, B. Figley, A Guide to Fishing and Diving New Jersey Reefs, (2000);
				and the NJDEP Fisherman Magazine and the Artificial Reefs Association
				publication, Shipwrecks of New Jersey's Reefs (2003). In addition to known
				sites, unidentified remains of vessels may exist within tidal waters.
				Shipwrecks may also be considered historic or archaeological resources pursuant
				to 7:7-9.34.
2. Shipwreck and artificial reef habitats may
				be subject to the marine fish and fisheries rule,
				7:7-16.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.14 - Wet borrow pits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Wet borrow
				pits are scattered artificially created lakes that are the results of surface
				mining for coastal minerals extending below groundwater level to create a
				permanently flooded depression. This includes, but is not limited to, flooded
				sand, gravel, and clay pits, and stone quarries. Where a wet borrow pit is also
				a wetland and/or wetlands buffer, the wetlands rule,
				7:7-9.27, and/or wetlands buffers
				rule, 7:7-9.28, shall apply.
(b) All proposed dredging and filling
				activities shall comply with any applicable Freshwater Wetlands Protection Act
				Rules, N.J.A.C. 7:7A. In addition, such activities must receive a water quality
				certificate.
(c) Proposed uses
				which would promote the wildlife habitat and scenic amenity values of wet
				borrow pits are encouraged.
(d)
				Surface mining is conditionally acceptable provided condition (b) above and the
				mining rule,
				7:7-15.8, are met.
(e) Recreational use of wet borrow pits is
				acceptable provided that wildlife habitat disturbance is minimized.
(f) Filling of wet borrow pits for
				construction is conditionally acceptable provided (b) above is met and that:
1. The fill, including dredged material, is
				an appropriate particle size for the site, is clean, and will not degrade
				groundwater quality or flow. For the purposes of this subsection, dredged
				material shall comply with the acceptability conditions specified in Appendix
				G;
2. At least half of the water
				area in existence at the time of the first coastal permit application for
				filling of the pit is left as open water;
3. Land-water edges are maximized and
				vegetated to promote native wildlife;
4. A water quality buffer zone of at least 50
				feet is designated in accordance with (i) below around remaining water
				areas;
5. A program for water
				quality monitoring and maintenance is included with the application;
				and
6. Recreational uses in water
				and water quality buffer areas minimize wildlife disturbance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.15 - Intertidal and subtidal shallows

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Intertidal and subtidal shallows means all permanently or temporarily submerged
				areas from the spring high water line to a depth of four feet below mean low
				water.
(b) Development, filling,
				new dredging, or other disturbance is discouraged but may be permitted in
				accordance with (c), (d), (e), (f), (g), and (h) below and with
				7:7-12.2 through 12.24.
(c) Maintenance dredging of intertidal and
				subtidal shallows is acceptable to maintain adequate water depths in accordance
				with 7:7-12.6.
(d) New dredging, as defined in
				7:7-12.7, in intertidal and
				subtidal shallows is discouraged, unless it complies with the following
				conditions:
1. There is a need for the
				proposed facility that requires the dredging that cannot be met by other
				similar facilities in reasonable proximity taking into account scope and
				purpose of the proposed facility;
2. There is no feasible alternative location
				for the proposed facility that requires the dredging, which would eliminate or
				reduce the amount of disturbance to intertidal and subtidal shallows without
				increasing impacts on other special areas; and
3. The proposed dredging and the facility
				that requires the dredging have been designed to minimize impacts to intertidal
				and subtidal shallows.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.16 - Dunes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A dune is a
				wind or wave deposited or man-made formation of sand (mound or ridge), that
				lies generally parallel to, and landward of, the beach and the foot of the most
				inland dune slope. "Dune" includes the foredune, secondary or tertiary dune
				ridges and mounds, and all landward dune ridges and mounds, as well as man-made
				dunes, where they exist.
1. Formation of sand
				immediately adjacent to beaches that are stabilized by retaining structures,
				and/or snow fences, planted vegetation, and other measures are considered to be
				dunes regardless of the degree of modification of the dune by wind or wave
				action or disturbance by development.
2. A small mound of loose, windblown sand
				found in a street or on a part of a structure as a result of storm activity is
				not considered to be a "dune."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.17 - Overwash areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An overwash
				area is an area subject to accumulation of sediment, usually sand, that is
				deposited landward of the beach or dune by the rush of water over the crest of
				the beach berm, a dune, or a structure. An overwash area may, through
				stabilization and vegetation, become a dune.
1. The seaward limit of the overwash area is
				the seaward toe of the former dune, or the landward limit of the beach, in the
				absence of a dune.
2. The landward
				limit of the overwash area is the inland limit of sediment transport.
3. Verifiable aerial photography and other
				appropriate sources may be used to identify the extent of overwash.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.18 - Coastal high hazard areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Coastal high hazard areas are flood prone areas subject to high velocity waters
				(V zones) as delineated on FEMA flood mapping, and areas within 25 feet of
				oceanfront shore protection structures, which are subject to wave run-up and
				overtopping. The coastal high hazard area extends from offshore to the inland
				limit of a primary frontal dune along an open coast and any other area subject
				to high velocity wave action from storms or seismic sources. The inland limit
				of the V zone is defined as the V zone boundary line as designated on FEMA
				flood mapping or the inland limit of the primary frontal dune, whichever is
				most landward.
(b) Except as
				provided at (c), (d), (e), and (f) below, residential and commercial
				development is prohibited in coastal high hazard areas.
(c) Residential development landward of the
				mean high water line in coastal high hazard areas is conditionally acceptable
				provided the development is:
1. A
				single-family home or duplex infill development that meets the standards of
N.J.A.C. 7:7-15.2(e)
or (f) and complies with Federal
				flood reduction standards at 44 CFR Part 60 and the UCC; or
2. Located in Atlantic City or in a special
				urban area within the Hudson River Waterfront Area as described at
N.J.A.C.
				7:7-9.46(a)
2,
				complies with the special urban area rule and Hudson River Waterfront rules,
N.J.A.C. 7:7-9.41
and
9.46
, as applicable, the Federal flood reduction standards at
				44 CFR Part 60, and the UCC.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.19 - Erosion hazard areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Erosion
				hazard areas are shoreline areas that are eroding and/or have a history of
				erosion, causing them to be highly susceptible to further erosion, and damage
				from storms.
1. Erosion hazard areas may be
				identified by any one of the following characteristics:
i. Lack of beaches;
ii. Lack of beaches at high tide;
iii. Narrow beaches;
iv. High beach mobility;
v. Foreshore extended under
				boardwalk;
vi. Low dunes or no
				dunes;
vii. Escarped
				foredune;
viii. Steep beach
				slopes;
ix. Cliffed bluffs as
				adjacent to beach;
x. Exposed,
				damaged or breached jetties, groins, bulkheads or seawalls;
xi. High long-term erosion rates;
				or
xii. Pronounced downdrift
				effects of groins (jetties).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.20 - Barrier island corridor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Barrier
				island corridors are the interior portions of oceanfront barrier islands, spits
				and peninsulas. Along the New Jersey Coast, headlands are located between
				Monmouth Beach, Monmouth County and Pt. Pleasant Beach, Ocean County.
1. The oceanfront barrier island corridor
				encompasses that portion of barrier islands, spits and peninsulas (narrow land
				areas surrounded by both bay and ocean waters and connected to the mainland)
				that are upland of wetlands, beach and dune systems, filled water's edges, and
				existing lagoon edges. Barrier island corridor does not include the headlands
				of northern Ocean County, Monmouth County, and the southern tip of Cape May
				County, which are part of the mainland.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.21 - Bay islands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bay
				islands are islands or filled areas surrounded by tidal waters, wetlands,
				beaches, or dunes, lying between the mainland and barrier island. Such islands
				may be connected to the mainland or barrier island by elevated or fill
				supported roads. Existing lagoon edges (N.J.A.C.
				7:7-9.24) are not bay islands.
1. In cases where a bay island is also a
				filled water's edge (7:7-9.23 ), the more restrictive
				provisions of the two rules shall apply.
2. For the purposes of this chapter, the
				areas listed below are not considered bay islands. The impervious cover limits
				for these areas are determined under the special area rules at N.J.A.C.
				7:7-9where applicable, and/or under N.J.A.C. 7:7-13.
OCEAN COUNTY
Bonnett Island, Stafford Township
Chadwick Island, Dover Township
Channel Island, Mantoloking Borough
Osborne Island, Little Egg Harbor Township
Pelican Island, Dover/Berkeley Townships
West Point Island, Lavallette Borough
ATLANTIC COUNTY
Bader Field, Atlantic City
Chelsea Heights, Atlantic City
Venice Heights, Atlantic City
Ventnor Heights, Ventnor City
CAPE MAY COUNTY
Princeton Harbor, Avalon Borough
Shawcrest/Hildreth Island, Lower and Middle Townships. The
				  areas mapped as Shawcrest/Hildreth Island are identified in the Department's
				  Geographic Information System(GIS) coverage, titled "Shawcrest/Hildreth
				  Island." This coverage is available as a download at the CAFRA layers webpage:
http://www.nj.gov/dep/gis/listall.html
West Wildwood, Wildwood City
West 17th Street, Ocean City
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.22 - Beaches

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Beaches are
				gently sloping areas of sand or other unconsolidated material, found on all
				tidal shorelines, including ocean, bay, and river shorelines, that extend
				landward from the mean high water line to either:
1. A man-made feature generally parallel to
				the ocean, inlet, or bay waters such as a retaining structure, seawall,
				bulkhead, road or boardwalk, except the sandy areas that extend fully under and
				landward of an elevated boardwalk are considered beach areas; or
2. The seaward or bayward foot of dunes,
				whichever is closest to the bay, inlet or ocean waters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.23 - Filled water's edge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Filled
				water's edge areas are existing filled water, wetland, or upland areas lying
				between wetlands or water areas, and either (a)1 or 2 below, whichever is
				closer to the water:
1. The upland limit of
				fill; or
2. The first paved public
				road or railroad landward of the adjacent water area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.24 - Existing lagoon edges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Existing
				lagoon edges are defined as existing manmade land areas resulting from the
				dredging and filling of wetlands, bay bottom and other estuarine water areas
				for the purpose of creating waterfront lots along lagoons for residential and
				commercial development.
1. Existing Lagoon
				Edges extend upland to the limit of fill, or the first paved public road or
				railroad generally parallel to the water area, whichever is less.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.25 - Flood hazard areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Flood hazard
				areas are areas subject to flooding from the flood hazard area design flood, as
				defined by the Department under the Flood Hazard Area Control Act rules at
				N.J.A.C. 7:13. Flood hazard areas include those areas mapped as such by the
				Department, areas defined or delineated as an A or a V zone by FEMA, and any
				unmapped areas subject to flooding by the flood hazard area design flood. Flood
				hazard areas are subject to either tidal or fluvial flooding and the extent of
				flood hazard areas shall be determined or calculated in accordance with the
				procedures at N.J.A.C. 7:13-3.
(b)
				In a tidal flood hazard area below the mean high water line, this section shall
				apply only to the following activities:
1.
				Development of habitable buildings; and
2. Construction of railroads, roadways,
				bridges and/or culverts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.26 - Riparian zones

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A riparian
				zone is the land and vegetation within and adjacent to a regulated water. A
				riparian zone exists along both sides of every regulated water and includes the
				regulated water itself, except as provided in (b) below. The extent of a
				riparian zone is determined in accordance with (c), (d), and (e)
				below.
(b) There is no riparian
				zone within or along the following:
1. The
				Atlantic Ocean;
2. The barrier
				island complex;
3. Any lawfully
				existing manmade lagoon;
4. Any
				lawfully existing stormwater management basin or wastewater treatment
				pond;
5. Any segment of a regulated
				water enclosed within a lawfully existing pipe, culvert or bridge;
				and
6. Any lawfully existing,
				manmade open channel that was created to convey stormwater, provided the
				channel is fully lined with manmade impervious material, such as a concrete
				low-flow channel within a stormwater basin or a ditch completely lined with
				concrete or asphalt.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.27 - Wetlands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Wetlands or
				wetland means an area that is inundated or saturated by surface water or
				groundwater at a frequency and duration sufficient to support, and that under
				normal circumstances does support, a prevalence of vegetation typically adapted
				for life in saturated soil conditions, commonly known as hydrophytic
				vegetation.
1. Wetlands areas are identified
				and mapped on the following:
i. National
				Wetlands Inventory Maps produced by the U.S. Fish and Wildlife Service at a
				scale of 1:24,000 (generalized locations only);
ii. Coastal wetland maps, pursuant to the
				Wetlands Act of 1970 (13:9A-1 et seq.)
				prepared by the DEP at a scale of 1:2,400; and
iii. Freshwater wetland maps prepared by DEP
				at a scale of 1:12,000 (generalized locations only).
Note: Maps referenced in (a)1ii above are available from the
				  Division of Land Use Regulation at the address set forth at
				  N.J.A.C.
				  7:7-1.6, and those referenced in (a)1iii
				  above are available through NJ-GeoWeb (see
http://www.nj.gov/dep/gis/geowebsplash.htm
).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.28 - Wetlands buffers

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Wetlands buffer or transition area means an area of land adjacent to a wetland
				which minimizes adverse impacts on the wetlands or serves as an integral
				component of the wetlands ecosystem. Wider buffers than those noted below may
				be required to establish conformance `with this chapter, including, but not
				limited to,
				7:7-9.36 and 9.37.
1. A wetlands buffer or transition area of up
				to 150 feet in width shall be established adjacent to all wetlands defined and
				regulated under the Freshwater Wetlands Protection Act. (Refer to the
				Freshwater Wetland Protection Act Rules, N.J.A.C. 7:7A, for further
				guidance).
2. For all other
				wetlands, including wetlands regulated under the Wetlands Act of 1970, a
				wetland buffer of up to 300 feet shall be established.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.29 - Coastal bluffs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A coastal
				bluff is a steep slope (greater than 15 percent) of consolidated (rock) or
				unconsolidated (sand, gravel) sediment which is adjacent to the shoreline or
				which is demonstrably associated with shoreline processes.
1. The waterward limit of a coastal bluff is
				a point 25 feet waterward of the toe of the bluff face, or the mean high water
				line, whichever is nearest the toe of the bluff.
2. The landward limit of a coastal bluff is
				the landward limit of the area likely to be eroded within 50 years, or a point
				25 feet landward of the crest of the bluff, whichever is farthest
				inland.
3. Steep slopes, as defined
				at 7:7-9.32, are isolated inland areas
				with slopes greater than 15 percent. All steep slopes associated with shoreline
				processes or adjacent to the shoreline and associated wetlands, or contributing
				sediment to the system, will be considered coastal bluffs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.30 - Intermittent stream corridors

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Intermittent stream corridors are areas including and surrounding surface water
				drainage channels in which there is not a permanent flow of water and which
				contain an area or areas with a seasonal high water table equal to or less than
				one foot. The inland extent of these corridors is either the inland limit of
				soils with a seasonal high water table depth equal to, or less than one foot,
				or a disturbance of 25 feet measured from the top of the channel banks,
				whichever is greater.
1. Where an
				intermittent stream corridor is also a wetland, the wetlands rule,
				7:7-9.27, shall apply.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.31 - Farmland conservation areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Farmland conservation areas are defined as any contiguous area of 20 acres or
				more (in single or multiple tracts of single or multiple ownership) with soils
				in the Capability Classes I, II and III or special soils for blueberries and
				cranberries as mapped by the United States Department of Agriculture, Soil
				Conservation Service, in National Cooperative Soil Surveys, which are actively
				farmed, or suitable for farming, unless it can be demonstrated by the applicant
				that new or continued use of the site for farming or farm dependent purposes is
				not economically feasible. Farming or farm-dependent purposes include
				nurseries, orchards, vegetable and fruit farming, raising grains and seed
				crops, silviculture (such as Christmas tree farming), floriculture (including
				greenhouses), dairying, grazing, livestock raising, and wholesale and retail
				marketing of crops, plants, animals and other related commodities.
(b) Farmland conservation areas shall be
				maintained and protected for open space or farming purposes. Farming or
				farm-dependent uses are permitted uses in farmland conservation areas. Housing
				is permitted only if it is an accessory use to farming. Mining is permitted
				only in accordance with a reclamation plan which meets the requirements of the
				mining use rule,
				7:7-15.8.
(c) Continued, renewed, or new farming is
				encouraged in farmland conservation areas.
(d) Rationale: Farmland conservation areas
				are an irreplaceable natural resource essential to the production of food and
				fiber, particularly in the "Garden State". Conservation of large, contiguous
				areas of these lands for farming serves both private and public interests,
				particularly in terms of ready access to locally-grown food, jobs and open
				space preservation.
In the coastal zone, some of the irreplaceable soil
				  resources have already been converted to urban uses. Other areas which are of a
				  sufficiently large scale to make farming feasible should be reserved for
				  farming purposes, provided that farming is economically
				  feasible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.32 - Steep slopes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Steep slopes
				are land areas with slopes greater than 15 percent, which are not adjacent to
				the shoreline and therefore not coastal bluffs (see
				7:7-9.29 ). Steep slopes include
				natural swales and ravines, as well as man-made areas, such as those created
				through mining for sand, gravel, or fill, or road grading. Slopes of less than
				15 percent are not considered to be steep slopes.
(b) Development on steep slopes is
				discouraged where wetlands, wetland buffers, intermittent stream corridors,
				threatened and endangered species habitats, riparian zones, or water areas are
				located adjacent to or at the base of the slope and on steep slopes which are
				forested as defined at
				7:7-13.5(c).
(c) Development on steep slopes other than
				those listed in (b) above is conditionally acceptable provided:
1. The steep slope is vegetated with native
				woody vegetation to the maximum extent practicable; and
2. Stabilization measures are used, if
				necessary, such as terracing and paving, that are consistent with the natural
				or predevelopment character of the entire site, to the maximum extent
				practicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.33 - Dry borrow pits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Dry borrow
				pits are excavations for the purpose of extracting coastal minerals which have
				not extended below the groundwater level. This includes, but is not limited to,
				dry sand, gravel and clay pits, and stone quarries.
(b) Surface mining is conditionally
				acceptable, provided the mining use rule at
				7:7-15.8 is satisfied.
(c) Channeling clean surface runoff into dry
				sand and gravel pits for the purposes of aquifer recharge is encouraged.
				Pavement runoff may be channeled into dry borrow pits provided that it is
				adequately filtered to remove pavement contaminants.
(d) Discharge of clean effluent from liquid
				waste treatment facilities for aquifer recharge is encouraged (e.g., tertiary
				sewage effluent), provided groundwater quality is monitored and
				maintained.
(e) Storing water in
				impermeable dry borrow pits is conditionally acceptable.
(f) Dredged material disposal is
				conditionally acceptable provided that:
1.
				The dredged material will not degrade groundwater quality;
2. The dredged material is of a particle size
				that will not disturb groundwater hydrology; and
3. Dredged material disposal is compatible
				with neighboring uses.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.35 - Specimen trees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Specimen
				trees are the largest known individual trees of each species in New Jersey. The
				Department's Division of Parks and Forestry maintains a list of these trees
				(see "New Jersey's Biggest Trees," published by the Department's Division of
				Parks and Forestry, Summer 1991 for a listing of specimen trees). In addition,
				large trees approaching the diameter of the known largest tree shall be
				considered specimen trees. Individual trees with a circumference equal to or
				greater than 85 percent of the circumference of the record tree, as measured
				4.5 feet above the ground surface, for a particular species shall be considered
				a specimen tree.
(b) Development is
				prohibited that would significantly reduce the amount of light reaching the
				crown, alter drainage patterns within the site, adversely affect the quality of
				water reaching the site, cause erosion or deposition of material in or directly
				adjacent to the site, or otherwise injure the tree. The site of the tree
				extends to the outer limit of the buffer area necessary to avoid adverse
				impacts, or 50 feet from the tree, whichever is greater.
(c) Rationale: Many interested citizens have
				assisted DEP, over decades, in locating specimen trees. This process includes
				reporting large trees that can be considered specimens even though they may not
				be the largest in New Jersey of a species. Specimen trees are an irreplaceable
				scientific and scenic resource. Often these trees have also been associated
				with historical events.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.36 - Endangered or threatened wildlife or plant species habitats

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Endangered or threatened wildlife or
				plant species habitats are terrestrial and aquatic (marine, estuarine, or
				freshwater) areas known to be inhabited on a seasonal or permanent basis by or
				to be critical at any stage in the life cycle of any wildlife or plant
				identified as "endangered" or "threatened" species on official Federal or State
				lists of endangered or threatened species, or under active consideration for
				State or Federal listing. The definition of endangered or threatened wildlife
				or plant species habitats includes a sufficient buffer area to ensure continued
				survival of the population of the species as well as areas that serve an
				essential role as corridors for movement of endangered or threatened wildlife.
				Absence of such a buffer area does not preclude an area from being endangered
				or threatened wildlife or plant species habitat.
1. Areas mapped as endangered or threatened
				wildlife species habitat on the Department's Landscape Maps of Habitat for
				Endangered, Threatened and Other Priority Wildlife (known hereafter as
				Landscape Maps) are subject to the requirements of this section unless excluded
				in accordance with (c)2 below. Buffer areas, which are part of the endangered
				or threatened wildlife species habitat, may extend beyond the mapped areas. The
				Department's Landscape Maps, with a listing of the endangered and threatened
				species within a specific area, are available from the Department's Division of
				Fish and Wildlife, Endangered and Nongame Species Program at
http://www.nj.gov/dep/fgw/ensp/landscape/index.htm
.
2. Information on the areas mapped as
				endangered or threatened plant species habitat on the Department's Landscape
				Maps and the occurrence of endangered or threatened plant species habitat is
				available from the Department's New Jersey Natural Heritage Program, Office of
				Natural Lands Management, Natural Heritage Data Request Form at Mail Code
				501-04, PO Box 420, Trenton, New Jersey 08625-0420.
3. The required endangered or threatened
				wildlife or plant species habitat buffer area shall be based upon the home
				range and habitat requirements of the species and the development's anticipated
				impacts on the species habitat.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.37 - Critical wildlife habitats

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Critical wildlife habitats are specific areas known to serve an essential role
				in maintaining wildlife, particularly in wintering, breeding, and migrating.
1. Rookeries for colonial nesting birds, such
				as herons, egrets, ibis, terns, gulls, and skimmers; stopovers for migratory
				birds, such as the Cape May Point region; and natural corridors for wildlife
				movement merit a special management approach through designation as a Special
				Area.
2. Ecotones, or edges between
				two types of habitats, are a particularly valuable critical wildlife habitat.
				Many critical wildlife habitats, such as salt marsh water fowl wintering areas,
				and muskrat habitats, are singled out as water or water's edge areas.
3. Definitions and maps of critical wildlife
				habitats are currently available only for colonial waterbird habitat in the
				1979 Aerial Colony Nesting Waterbird Survey for New Jersey (NJDEP, Division of
				Fish and Wildlife). Until additional maps are available, sites will be
				considered on a case-by-case basis by the Division of Fish and
				Wildlife.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.39 - Special hazard areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Special
				hazard areas include areas with a known actual or potential hazard to public
				health, safety, and welfare, or to public or private property, such as the
				navigable air space around airports and seaplane landing areas, potential
				evacuation zones, and areas where hazardous substances as defined at N.J.S.A.
				58:10-23.1 1b are used or disposed, including adjacent areas and areas of
				hazardous material contamination.
(b) Coastal development, especially
				residential and labor-intensive economic development, within special hazard
				areas is discouraged. All development within special hazard areas must include
				appropriate mitigating measures to protect the public health and
				safety.
(c) Approvals from the
				Department's Solid and Hazardous Waste Program shall be obtained prior to the
				commencement of any hazardous substance investigations or cleanup activities at
				contaminated sites.
(d) Rationale:
				Management of the coastal zone requires a concern for development that would
				directly or indirectly increase potential danger to life and property.
				Mitigating measures such as height limits near airports, evacuation plans for
				industrial and energy facilities and monitoring and/or clean-up programs for
				materials in soil and water near hazardous waste facilities may adequately
				address the concern in this area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.40 - Excluded Federal lands

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Excluded Federal lands are those lands, the use of which is, by law, subject
				solely to the discretion of or held in trust by the Federal Government, its
				officers or agents. These lands are excluded from the coastal zone as required
				by Section 304 of the Federal Coastal Zone Management Act.
1. The list of excluded Federal lands is
				found in the New Jersey Coastal Management Program, Final Environmental Impact
				Statement, August 1980, page 370.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.41 - Special urban areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Special
				urban areas are those municipalities defined in urban aid legislation (
				52:27D-178 ) qualified to receive
				State aid to enable them to maintain and upgrade municipal services and offset
				local property taxes. Under
				52:27D-178 et seq., the Department
				of Community Affairs (DCA) establishes a list of qualifying municipalities each
				fiscal year. DCA's list of qualifying municipalities may be obtained on request
				from the Department's Division of Land Use Regulation at the address set forth
				at 7:7-1.6.
(b) Development that will help to restore the
				economic and social viability of special urban areas is encouraged. Development
				that would adversely affect the economic well being of these areas is
				discouraged, when an alternative which is more beneficial to the special urban
				areas is feasible. Development that would be of economic and social benefit and
				that serves the needs of local residents and neighborhoods is
				encouraged.
(c) Housing, hotels,
				motels, and mixed use development, which is consistent with the lands and
				waters subject to public trust rights rule,
				7:7-9.48, the public access rule,
				7:7-16.9, and the Hudson River
				waterfront area rule,
				7:7-9.46, where applicable, are
				acceptable only over large rivers where water dependent uses are demonstrated
				to be infeasible. These uses are conditionally acceptable on structurally sound
				existing pilings, or where at least one of the following criteria is met:
1. Where piers have been removed as part of
				the harbor clean up program, the equivalent pier area may be replaced in either
				the same or other nearby location;
2. Where structurally sound existing pilings
				have been reconfigured, provided that the total area of water coverage is not
				increased and that fisheries resources are not adversely impacted; or
3. Where expansion of the existing total area
				water coverage has occurred, provided that it can be shown that extensions are
				functionally necessary for water dependent uses. For example, additional piers
				and pilings would be conditionally acceptable for a marina which is a water
				dependent use.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.42 - Pinelands National Reserve and Pinelands Protection Area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Pinelands
				National Reserve includes those lands and water areas defined in the National
				Parks and Recreation Act of 1978, Section 502 ( P.L. 95-625 ), an approximately
				1,000,000 acre area ranging from Monmouth County in the north, south to Cape
				May County and from Gloucester and Camden County on the west to the barrier
				islands of Island Beach State Park and Brigantine Island along the Atlantic
				Ocean on the east (see Appendix, Figure 10, incorporated herein by reference).
				The "Pinelands Area" is a slightly smaller area within the Pinelands National
				Reserve. It was designated for State regulation by the Pinelands Protection Act
				of 1979 ( N.J.S.A. 13:18-1 et seq.). The Pinelands Commission adopted a
				Comprehensive Management Plan in November, 1980. Within the Pinelands Area, the
				law delineates a Preservation Area, where the plan shall "preserve an extensive
				and contiguous area of land in its natural state, thereby insuring the
				continuation of a Pinelands environment...." (Section 8c).
1. Under the authority of the Department's
				Surface Water Quality Standards ( N.J.A.C. 7:9B), all surface waters within the
				boundaries of the Pinelands Area, except those waters designated as FWI, are
				designated "Pinelands Waters" which have special antidegradation policies,
				designated uses and water quality criteria (see N.J.A.C. 7:9B1-4, 1.5(d)6ii,
				1.12(b), and 1.14(b)). The Department's present Groundwater Quality Standards (
				N.J.A.C. 7:9C), which were adopted on March 3, 1981, and revised on February 1,
				1993, identify the "Central Pine Barrens Area" as the only part of the
				Pinelands distinguished from the rest of the State (N.J.A.C. 7:9-6.7(c)
				).
2. The coastal municipalities
				wholly or partly within the Pinelands National Reserve Area include:
Atlantic County
Brigantine City
Hamilton Township
Corbin City
Mullica Township
Egg Harbor City
Port Republic
Egg Harbor Township
Somers Point City
Estell Manor Township
Weymouth Township
Galloway Township
Burlington County
Bass River Township
Washington Township
Cape May County
Dennis Township
Upper Township
Middle Township
Woodbine Borough
Cumberland County
Maurice River Township
Ocean County
Barnegat Township
Lakehurst Borough
Beachwood Borough
Little Egg Harbor
						  Township
Berkeley Township
Manchester Township
Dover Township
Ocean Township
Eagleswood Township
South Toms River
						  Borough
Lacey Township
Stafford Township
Tuckerton Borough
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.44 - Wild and scenic river corridors

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Wild and scenic river corridors are all rivers designated into the National
				Wild and Scenic Rivers System and any rivers or segments thereof being studied
				for possible designation into that system pursuant to the National Wild and
				Scenic Rivers Act (
				16 U.S.C. §§
										1271-
				1278
				). For rivers designated into the national system, the wild and scenic river
				corridor shall include the river and adjacent areas located within one-quarter
				mile from the mean high water line on each side of the river until a Federal
				River Management Plan has been adopted, after which time the wild and scenic
				corridor shall be the area defined in the adopted plan. For rivers under study
				for possible designation into the national system, the wild and scenic river
				corridor shall include the river and adjacent areas extending one-quarter mile
				from the mean high water line on each side of the river.
(b) Development in wild and scenic river
				corridors shall comply with (b)1 and 2 below, and the standards for the
				specific type of development at (c), (d), (f), (g) and (h) below. The standards
				for linear development are found at (e) below.
1. Development that would have a direct and
				adverse effect on any "outstandingly remarkable resource value" for which the
				river was designated or is being studied for possible designation into the
				National Wild and Scenic Rivers System is prohibited. For the purposes of this
				rule, "outstandingly remarkable resource values" means any of those
				extraordinary scenic, recreational, cultural, historical, or fish and wildlife
				attributes of a river corridor which, under the National Wild and Scenic Rivers
				Act, are required to be preserved and protected for the benefit and enjoyment
				of future generations.
2. The
				development shall comply with the standards set forth in the Federal River
				Management Plan adopted pursuant to the National Wild and Scenic Rivers Act for
				the wild and scenic river corridor if a plan exists.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.45 - Geodetic reference control marks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Geodetic control reference marks are
				traverse stations and benchmarks established or used by the New Jersey Geodetic
				Control Survey pursuant to P.L. 1934, c.116. They include the following types:
1. Monument-(Mon), Disk-(DK): A standard
				United States Coast and Geodetic Survey or New Jersey Geodetic Control Survey
				disk set in a concrete post, pavement, curb, ledge rock, etc., stamped with a
				reference number, and used for both horizontal and vertical control.
2. Point (Pt.): A State highway, tidelands
				(riparian), city, etc. survey marker represented by a chiseled cross, punch
				hole, brass plug, etc. used for horizontal and vertical control. These stations
				are not marked, but if there should be an enclosing box, the rim is stamped
				with a number.
3. Rivet-(Rv.): A
				standard metal rivet set by the New Jersey Geodetic Control Survey, used for
				vertical control.
4. Mark-(Mk.):
				Same as point, but used only for vertical control. In the description of such
				marks there should appear a mark number followed by an equality sign and then
				the original name or elevation of the bench mark, and in parentheses the name
				of the organization which established the mark.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.46 - Hudson River waterfront area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				following terms, when used in this section, shall have the following meanings:
1. "Average building height" is defined as
				the mean height of the roof line of a building on a pier measured from the pier
				deck level to the top of the parapet or the midpoint of a sloped roof above
				pier deck level.
2. "The Hudson
				River Waterfront Area" extends from the George Washington Bridge in Fort Lee,
				Bergen County to the Bayonne Bridge in Bayonne, Hudson County, inclusive of all
				land within the municipalities of Bayonne, Jersey City, Hoboken, Weehawken,
				West New York, Guttenberg, North Bergen, Edgewater and Fort Lee subject to the
				Waterfront Development Law.
3.
				"Landward end of pier" means the end of the pier at its point of attachment to
				the upland.
4. "Pier" means a pile
				supported, decked structure extending from upland over water. The longest axis
				of a pier is generally perpendicular to the shoreline. See "platform" below.
5. "Pier deck level" means the
				lowest deck surface that is at or above the flood hazard area design flood
				elevation as defined at and determined in accordance with N.J.A.C.
				7:13.
6. "Platform" means a pile
				supported, decked structure extending from upland over water. The longest axis
				of a platform is generally parallel to the shoreline. See "pier" above.
7. "Walkway" means areas along the
				waterfront, including areas on piers, that are devoted to activities by the
				public such as but not limited to walking, jogging and bicycle
				riding.
8. "Waterward end of pier"
				means the end of a pier most distant from its point of attachment to the
				upland.