New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.9 - Public access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Public
				access to the waterfront is the ability of the public to pass physically and
				visually to, from, and along tidal waterways and their shores and to use such
				shores, waterfronts and waters for activities such as navigation, fishing, and
				recreational activities including, but not limited to, swimming, sunbathing,
				surfing, sport diving, bird watching, walking, and boating. Public accessways
				and public access areas include streets, paths, trails, walkways, easements,
				paper streets, dune walkovers/walkways, piers and other rights-of way. No
				authorization or approval under this chapter shall be deemed to relinquish
				public rights of access to and use of lands and waters subject to public trust
				rights in accordance with
				7:7-9.48. Further, no authorization
				or approval under this chapter shall be considered a Tidelands approval or
				shall exempt an applicant from the obligation to obtain a Tidelands approval,
				if needed.
(b) In addition to the
				broad coastal goals outlined at
				N.J.A.C.
				7:7-1.1(c), public access
				shall be provided in a manner designed to achieve the following public access
				goals:
1. All levels of government in New
				Jersey shall seek to create and enhance opportunities for public access to
				tidal waterways and their shores, on a non-discriminatory basis;
2. All existing public access to, and along
				tidal waterways and their shores shall be maintained to the maximum extent
				practicable;
3. New development
				shall provide opportunity for public access to tidal waterways and their shores
				on or offsite.
i. Public access proposed by an
				applicant may include any one or combination of the following:
(1) A public accessway designed in accordance
				with (u) below, located parallel to the shoreline with perpendicular
				access;
(2) A boat ramp, pier,
				fishing, or other direct access to the waterway;
(3) A waterfront pocket park;
(4) Public restrooms to accommodate those
				utilizing public access; and/or
(5)
				Additional public parking to accommodate those utilizing public
				access;
ii. Public
				access proposed by an applicant shall incorporate, to the maximum extent
				practicable, fishing access and associated amenities, including parking that
				accommodates nighttime fishing for a reasonable duration of time, on or
				adjacent to tidal waterways and their shores. In the case of a beach, fishing
				access shall not be required in areas designated for swimming during hours
				designated for swimming.
4. Public access to tidal waterways and their
				shores shall be provided in such a way that it shall not create conditions that
				may be reasonably expected to endanger public health or safety, or damage the
				environment. To that end, public access may be restricted seasonally, hourly,
				or in scope (for example, access restricted to a portion of the property, or
				access allowed for fishing but not swimming due to consistent strong currents);
				and
5. Public access to tidal
				waterways and their shores shall be provided in such a way that it shall not
				create a significant homeland security vulnerability, as determined by the
				Department in consultation with the New Jersey Office of Homeland Security and
				Preparedness or the United States Department of Homeland Security. Therefore,
				public access may be prohibited in locations where homeland security concerns
				are present or where it is not practicable based on the risk of injury from
				hazardous operations or substantial permanent obstructions, and no measures can
				be taken to avert these risks.