New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.5 - General permit 5 - expansion, or reconstruction (with or without expansion), of a single-family home or duplex

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This general permit authorizes the expansion, or reconstruction (with or
				without expansion), of a legally constructed, habitable single-family home or
				duplex and/or accessory development (such as garages, sheds, pools, driveways,
				grading, excavation, and clearing, excluding shore protection structures),
				provided the single-family home or duplex and accessory structures are located
				landward of the mean high water line, and provided the single-family home or
				duplex is not located on a bulkheaded lagoon lot.
(b) Development under this general permit
				shall not result in development of more than one single-family home or duplex
				either solely or in conjunction with a previous development as defined at
				7:7-2.2(b)8.
(c) Development under this general permit
				shall comply with
				7:7-9.22, Beaches; 7:7-9.25, Flood
				hazard areas; 7:7-9.26, Riparian zones; 7:7-9.27, Wetlands; 7:7-9.28, Wetland
				buffers; and 7:7-9.36, Endangered or threatened wildlife or vegetation species
				habitats.
(d) Development under
				this general permit shall comply with
N.J.A.C.
				7:7-9.16
, Dunes, except as provided
				under (d)1 through 4 below:
1. Development
				that is located on the landward slope of a secondary or tertiary dune described
				at (d)1ii below, whichever is most landward, need not comply with the dunes
				rule, N.J.A.C. 7:7-9.16, if the site and the development meet all of the
				following conditions:
i. The area of the site
				proposed to be developed is located greater than 500 feet landward of the mean
				high water line of the adjacent water body;
ii. The cross-sectional area of the primary
				frontal dune waterward of the proposed development, as measured above the
				100-year stillwater elevation and waterward of the primary frontal dune crest,
				is greater than 1,100 square feet. For the purpose of this subparagraph,
				primary frontal dune means a continuous or nearly continuous mound or ridge of
				sand with relatively steep waterward and landward slopes immediately landward
				of and adjacent to the beach, and subject to erosion and overtopping from high
				tides and waves during major coastal storms. Secondary and tertiary dunes means
				the second and third dune mound or ridge, respectively, landward from and
				adjacent to the primary frontal dune;
iii. The beach area adjacent to the proposed
				development is either naturally stable without beach nourishment or naturally
				accretional without beach nourishment, as determined by using the method
				described at
				7:7-9.19, Erosion hazard areas, and
				the information in the Department's Geographical Information System (GIS)
				database as found in the Historical Shorelines coverage 1836-1986;
				and
iv. The site disturbance,
				including grading, excavation and vegetation removal, is limited to that
				necessary to expand or reconstruct the single family home or duplex and/or
				accessory structures;