reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.7 - Permit-by-rule 7 - expansion or relocation (with or without expansion) landward or parallel to the mean high water line of the footprint of a residential or commercial development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the expansion or relocation (with or without
				expansion) landward or parallel to the mean high water line of the footprint of
				a legally constructed residential development, including accessory development
				such as sheds, garages, pools, and driveways, or commercial development that
				has been or could have been legally occupied in the most recent five-year
				period, provided:
1. The expansion or
				relocation is in compliance with the applicable requirements or codes of
				municipal, State, and Federal law;
2. Except as provided in (a)8 below, the
				expansion or relocation is not proposed on a beach, dune, or wetland;
3. In the case of residential development,
				the expansion does not result in an increase in the number of dwelling
				units;
4. In the case of commercial
				development, the expansion does not result in an increase in the number of
				parking spaces or equivalent parking area associated with the
				development;
5. Except as provided
				in (a)8 below, the expansion or relocation does not result in additional
				impacts to special areas as defined at N.J.A.C. 7:7-9;
6. The expansion or relocation meets the
				requirements of
				7:7-9.25 and 9.26; and
7. The expansion does not increase the
				surface area of the footprint of the development by a cumulative total of more
				than 400 square feet on the property constructed after July 19, 1994. For an
				example of how the cumulative total limitation would apply, see (a)3
				above.
8. Where the expansion
				includes structures such as stairs or an ADA-compliant ramp, which are
				constructed only for access to a residential or commercial development required
				to be elevated pursuant to the New Jersey Uniform Construction Code, N.J.A.C.
				5:23, in accordance with the Flood Hazard Area Control Act Rules, N.J.A.C.
				7:13, there is no feasible alternative location for these structures outside of
				a beach, dune, wetland, or other special areas as defined at N.J.A.C. 7:7E-3.
				ADA means the Americans with Disabilities Act of 1990 (
				42 U.S.C. §§
											1201 et seq.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.8 - Permit-by-rule 8 - construction of a utility line attached to a bridge or culvert

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This permit-by-rule authorizes the
				construction of a utility line, including cable (for example, electric,
				television, or fiber optic), telecommunication, wastewater, petroleum, natural
				gas, or water, attached to a bridge or culvert. This permit-by-rule applies
				only to that portion of the utility line that will be constructed across the
				tidal waterway up to the mean high water line, provided a tidelands instrument
				has been obtained for the utility line. The construction of the utility line
				shall comply with the following:
1. No
				excavation, dredging or filling shall be undertaken within the water body over
				which the utility line crosses;
2.
				The utility line shall be firmly attached to the existing bridge or culvert
				structure so that no part of the utility line, its encasement, or any
				attachment device extends above or below the existing bridge or culvert
				structure;
i. If the crossing is a bridge,
				the utility line, its encasement, and all attachment devices shall be located
				entirely above the elevation of the low chord of the superstructure and
				entirely below the elevation of the bridge surface;
ii. If the crossing is a culvert, the utility
				line, its encasement, and all attachment devices shall be located entirely
				above the overt elevation of the culvert and entirely below the elevation of
				the top of the culvert;
iii. If the
				utility line is a pipeline that conveys any substance other than potable water,
				the utility line shall be sufficiently encased within ductile iron or concrete
				to protect the utility line from damage from impact with floating debris during
				floods; and
iv. If there is a
				predominant direction of flow within the water body, the utility line shall be
				attached to the downstream face of the bridge or culvert;
3. The installation of the utility line shall
				have no adverse impacts to special areas as described at N.J.A.C. 7:7-9;
				and
4. Construction equipment shall
				be operated from land, the top of the bridge or culvert, or from barges, and
				shall under no circumstances be allowed to enter the water body.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.9 - Permit-by-rule 9 - previous filling of tidelands associated with an existing single family home or duplex

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a single
				family home or duplex is proposed or exists on a lot which was previously
				filled and is not part of a larger development, the prior filling of any lands
				on the lot formerly flowed by the tide shall be considered by the Department to
				be authorized under this permit-by-rule, provided the filling appears on the
				applicable Tidelands Map.
(b) This
				permit-by-rule applies only if a tidelands instrument has been obtained for all
				filled tidelands areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.10 - Permit-by-rule 10 - construction of portion of boat ramp located landward of the mean high water line at a residential development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the construction of the portion of a boat ramp
				landward of the mean high water line at a residential development, provided
				that a waterfront development permit has been obtained for the construction
				waterward of the mean high water line.
(b) This permit-by-rule does not authorize a
				boat ramp located within wetlands.
(c) The width of the boat ramp landward of
				the mean high water line shall not exceed the width of the boat ramp waterward
				of the mean high water line.
(d)
				The waterfront development permit for the construction waterward of the mean
				high water line may include additional conditions on the upland construction to
				ensure compliance with this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.11 - Permit-by-rule 11 - construction and/or installation of a boat wash wastewater system at a marina, boatyard, or boat sales facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the construction and/or installation, at a marina, a
				boatyard, or a boat sales facility, of a boat wash wastewater system that
				prevents the discharge of boat wash wastewater to the waters of the State,
				including a boat wash wastewater system necessary to comply with the Equipment
				and Vehicle Washing provisions of the New Jersey Pollutant Discharge
				Elimination System (NJPDES) Basic Industrial Stormwater General Permit
				NJ0088315 (5G2) established under the NJPDES rules, N.J.A.C. 7:14A. This
				permit-by-rule authorizes the construction of a boat wash wastewater system,
				including an impervious wash pad or pads connected to a collection system,
				reclaim/recycling system, or infrastructure to connect to an existing sanitary
				sewer. This permit-by-rule additionally authorizes a sump or other mechanism to
				collect the boat wash wastewater, shed(s) to house the treatment system, and/or
				a tank(s) to store the wash water for reuse or collection, as applicable for
				the system utilized. This permit-by-rule authorizes at any one marina,
				boatyard, or boat sales facility one to three wash pads and a maximum of three
				boat wash wastewater systems.
(b)
				This permit-by-rule does not relieve a marina, boatyard, or boat sales facility
				of the obligation to obtain any other permits from the Department, including a
				Treatment Works Approval for a sanitary sewer connection or a Basic Industrial
				Stormwater General Permit NJ0088315 (5G2).
(c) Each boat wash wastewater system
				authorized under this permit-by-rule shall:
1. Be located on the upland portion of the
				marina, boatyard, or boat sales facility;
2. Be located outside of any
				wetlands;
3. Include a wash pad
				that is:
(1) Equipped with a pit, trough,
				trench drain, or settling chamber with sump or similar type pump;
(2) Bermed or pitched to drain all boat wash
				wastewater to the pit, trough, trench drain, or settling chamber;
(3) Less than or equal to a surface area of
				1,250 square feet; and
(4)
				Connected to a reclaim/recycling system, collection tank to store boat wash
				wastewater for reuse or collection/pump out, or a sanitary sewer;
4. If the system has a shed or
				storage unit to house the boat wash wastewater system, the shed or storage unit
				shall be:
(1) Used exclusively to house the
				boat wash wastewater system;
(2)
				Less than or equal to 150 square feet in size; and
(3) Limited to one shed or storage unit per
				system; and
5. If the
				system will discharge to a sanitary sewer, connection shall be to an existing
				sewer line located on-site or immediately adjacent to the site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.12 - Permit-by-rule 12 - construction of one to three wind turbines less than 200 feet in height having a cumulative rotor swept area no greater than 2,000 square feet

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This permit-by-rule authorizes the
				construction of one to three wind turbines less than 200 feet in height,
				measured from the ground surface to the tip of the blade at its highest
				position, and having a cumulative rotor swept area no greater than 2,000 square
				feet, provided:
1. No portion of the wind
				turbine(s), including blades, tower and site disturbance, shall be located in,
				on or over dunes, beaches, wetlands, coastal bluffs, or wild and scenic river
				corridors;
2. No wind turbine
				tower(s) or site disturbance shall be located in floodways;
3. The wind turbine(s), including blades,
				tower and site disturbance, is set back a minimum of 50 feet, as measured
				parallel to the ground:
(1) Landward of the
				mean high water line and the inland limit of any beach or dune. This setback
				does not apply to manmade lagoons and manmade ditches; and
(2) From the boundary of any
				wetlands;
4. No portion
				of the wind turbine, including blades, tower, and site disturbance, shall be
				located within an area mapped as threatened or endangered species habitat on
				the Department's Landscape Maps of Habitat for Endangered, Threatened and Other
				Priority Wildlife (Landscape Maps) except as provided at (a)4i and ii below.
				The Landscape Maps 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
;
i. The wind turbine(s) is located within 120
				feet of an existing building on an actively maintained lawn or area of land
				that has been manipulated by contouring of the soil and/or by intentional
				planting of flowers, grasses, shrubs, trees or other ornamental vegetation,
				which is maintained in such a condition by regular and frequent (at least one
				time per year) cutting, mowing, pruning, planting, weeding or mulching;
				or
ii. The wind turbine(s) is
				located on legally existing impervious cover;
5. If the wind turbine(s) is more than 120
				feet tall, measured from the ground surface to the tip of the blade at its
				highest position, the tower shall be a freestanding monopole(s); and
6. No lighting shall be placed on or directed
				at the wind turbine except for lighting required by the Federal Aviation
				Administration. Shielded ground level security lighting may be used. Lighting
				is shielded when it is covered in a way that light rays are not emitted above
				the horizontal plane of the light.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.13 - Permit-by-rule 13 - installation of solar panels on a maintained lawn or landscaped area at a single-family home or duplex lot

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This permit-by-rule authorizes the
				installation of solar panels on a maintained lawn or landscaped area at a
				single-family home or duplex lot, provided:
1. The solar panel development shall not be
				located in or on dunes, beaches, wetlands, floodways, or coastal
				bluffs;
2. The solar panel
				development shall be set back a minimum of 50 feet from the inland limit of any
				wetlands, beach, or dune;
3. The
				maintained lawn or landscaped area is not subject to a previous coastal permit
				requirement that it remain as vegetative cover; and
4. The solar panel development shall not be
				located within an area mapped as threatened or endangered species habitat on
				the Department's Landscape Maps of Habitat for Endangered, Threatened and Other
				Priority Wildlife (Landscape Maps), except as provided at (a)4i and ii below.
				The Landscape Maps 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
;
i. The solar panel(s) is located within 120
				feet of an existing building on an actively maintained lawn or area of land
				that has been manipulated by contouring of the soil and/or by intentional
				planting of flowers, grasses, shrubs, trees or other ornamental vegetation,
				which is maintained in such a condition by regular and frequent (at least one
				time per year) cutting, mowing, pruning, planting, weeding or mulching;
				or
ii. The solar panel(s) is
				located on legally existing impervious cover.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.14 - Permit-by-rule 14 - reconfiguration of any legally existing dock, wharf, or pier at a legally existing marina

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This permit-by-rule authorizes the reconfiguration of any legally existing
				dock, wharf, or pier, including pilings, located at a legally existing marina,
				provided the marina is not located within shellfish habitat, submerged
				vegetation habitat, or a wetland.
(b) Activities that qualify for this
				permit-by-rule also qualify for a water quality certificate pursuant to Section
				401 of the Federal Clean Water Act,
				33 U.S.C.
				§§
										1251 et seq.
(c) The proposed reconfiguration shall:
1. Not extend outside of the area covered by
				an existing Tidelands instrument;
2. Not result in an increase in the number of
				boat slips;
3. Not hinder
				navigation;
4. Not increase the
				total linear footage of docks or piers within the marina;
5. Minimize the water area covered by
				structures by:
i. Providing a minimum of
				eight feet of open water between any docks if the combined width of the docks
				over water exceeds eight feet; and
ii. For sites which have existing dock or
				pier structures exceeding eight feet in width over water areas and/or wetlands,
				which were constructed prior to September 1978 and for which the applicant
				proposes to relocate, the existing oversized structures must be reduced to a
				maximum of eight feet in width over water areas and six feet in width over
				wetlands and intertidal flats; and
6. Provide a minimum of four feet from all
				property lines, for docks which are perpendicular to the adjacent bulkhead or
				shoreline.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.15 - Permit-by-rule 15 - placement of sand fencing to create or sustain a dune

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the placement of sand fencing to create or sustain a
				dune, provided the sand fencing complies with (a)1 through 3 below. This
				permit-by-rule does not authorize the excavation or grading of a dune. The sand
				fencing shall:
1. Be placed on the landward
				side of the dune;
2. Be placed
				parallel to the mean high water line; and
3. Not prevent perpendicular public access to
				the beach.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.16 - Permit-by-rule 16 - placement of land-based upwellers and raceways for aquaculture activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the placement of land-based upwellers and raceways,
				including intakes and discharges, for shellfish aquaculture activities.
				Activities that qualify for this permit-by-rule also qualify for a water
				quality certificate pursuant to Section 401 of the Federal Clean Water Act,
				33 U.S.C.
				§§
										1251 et seq. The aquaculture
				activities shall comply with the following:
1. The structures are located on the upland
				portion of a lot with a legally existing, functioning bulkhead;
2. No grading, excavation, filling, or
				placement of a structure(s) is undertaken on a beach, dune, or wetland;
				and
3. The discharge from the
				aquaculture activities is to a water body and not directly into a
				wetland.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.17 - Permit-by-rule 17 - placement of predator screens and oyster spat attraction devices within a shellfish lease area

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This permit-by-rule authorizes the placement of predator screens and oyster
				spat attraction devices in an area subject to a valid shellfish lease pursuant
				to 50:1-23. Upon expiration or
				termination of the shellfish lease, or the cessation of the use of predator
				screens and oyster spat attraction devices, whichever occurs first, within five
				days the permittee shall remove all predator screens and oyster spat attraction
				devices placed within the lease area. This permit-by-rule does not authorize
				the placement of shell within a shellfish lease area. Activities that qualify
				for this permit-by-rule also qualify for a water quality certificate pursuant
				to Section 401 of the Federal Clean Water Act,
				33 U.S.C.
				§§
										1251 et seq. The placement of
				predator screens and oyster spat attraction devices shall comply with the
				following:
1. So as not to pose a hazard to
				navigation, predator screens shall not extend more than six inches above the
				substrate and oyster spat attraction devices shall not extend more than 24
				inches above the substrate; and
2.
				No activity undertaken pursuant to this permit-by-rule shall prevent the
				catching and taking of free swimming fish from the tidal waters of the State in
				any lawful manner pursuant to
				50:1-33.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.18 - Permit-by-rule 18 - placement of shellfish cages within a shellfish lease area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the placement of shellfish cages in an area subject
				to a valid shellfish lease pursuant to
				50:1-23. Upon expiration or
				termination of the shellfish lease, or the cessation of the use of shellfish
				cages, whichever occurs first, within five days the permittee shall remove all
				shellfish cages placed within the lease area. Activities that qualify for this
				permit-by-rule also qualify for a water quality certificate pursuant to Section
				401 of the Federal Clean Water Act,
				33 U.S.C.
				§§
										1251 et seq. The placement of
				shellfish cages shall comply with the following:
1. There shall be a minimum of four feet of
				water between the top of any cage and the water surface at mean low
				water;
2. The cages shall be
				continuously checked and repaired to ensure that they are not displaced off the
				lease area;
3. The cages shall be
				constructed of non-polluting materials; and
4. No activity undertaken pursuant to the
				permit-by-rule shall prevent the catching and taking of free swimming fish from
				the tidal waters of the State in any lawful manner pursuant to
				50:1-33.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.19 - Permit-by-rule 19 - construction and/or installation of a pumpout facility and/or pumpout support facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This permit-by-rule authorizes the construction and/or installation of a
				pumpout facility and/or pumpout support facilities in the circumstances set
				forth at (a)1 and 2 below. The construction and/or installation of a pumpout
				facility or pumpout support facility shall have no adverse impacts to any
				special areas described at N.J.A.C. 7:7-9.
1.
				At a marina, boat yard, boat sales facility, yacht club, restaurant, boat ramp,
				or other waterfront facility, the construction and/or installation of a pumpout
				facility and/or the construction of pumpout support facilities, such as
				stanchions, hydrants, piping, pumps, holding tanks, a concrete pad for a
				holding tank (not to exceed a surface area of 100 square feet), a platform to
				elevate a pump above flood level, macerator pumps, or other equipment necessary
				to transfer sewage from the holding tank on a boat to a sanitary sewer line or
				holding tank, provided the pumpout discharges to:
(1) A municipal or regional treatment plant
				where practicable;
(2) A subsurface
				sewage disposal system; or
(3) A
				holding tank with waste being removed by a licensed septage hauler.
(A) Any facility using a holding tank for the
				pumpout discharge shall maintain a record of removal of the waste.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.20 - Permit-by-rule 20 - implementation of a sediment sampling plan for sampling in a water area as part of a dredging or dredged material management activity or as part of a remedial investigation of a contaminated site

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This permit-by-rule authorizes the
				implementation of a sediment sampling plan for sampling in a water area as part
				of a dredging or dredged material management activity or as part of a remedial
				investigation of a contaminated site. Activities that qualify for this
				permit-by-rule also qualify for a water quality certificate pursuant to Section
				401 of the Federal Clean Water Act,
				33 U.S.C.
				§§
										1251 et seq. This permit-by-rule
				authorizes the implementation of a sediment sampling plan for sampling to be
				conducted within a water area described at
				7:7-12.1, as part of a dredging or
				dredged material management activity or as part of a remedial investigation,
				provided:
1. If the sampling is part of a
				dredging or dredged material management activity, the sediment sampling plan
				shall be prepared in accordance with chapter Appendix G, incorporated herein by
				reference, and approved in writing by the Department's Office of Dredging and
				Sediment Technology; or
2. If the
				sampling is part of a remedial investigation of a contaminated site, the
				sediment sampling plan shall be prepared in accordance with the Technical
				Requirements for Site Remediation, N.J.A.C. 7:26E, and approved by the
				Department or certified by a Licensed Site Remediation Professional in
				accordance with the Administrative Requirements for the Remediation of
				Contaminated Sites (ARRCS), N.J.A.C. 7:26C.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.21 - Permit-by-rule 21 - application of herbicide within coastal wetlands to control invasive plant species

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the application of herbicide within coastal wetlands
				to control invasive plant species, provided:
1. The area to which the herbicide is applied
				shall not exceed a total area of one-quarter acre on a site;
2. The activities do not adversely affect the
				habitat of any threatened or endangered wildlife or plant species, as described
				at 7:7-9.36; and
3. When conducted within waters of the State
				or waters of the United States, the activities are conducted pursuant to an
				aquatic pesticide permit issued by the Department's Bureau of Licensing and
				Pesticide Operations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.23 - Permit-by-rule 23 - installation of an at-grade dune walkover at a residential, commercial, or public development other than a single-family home or duplex

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the installation of an at-grade dune walkover, such
				as a stabilization mat, at a residential, commercial, or public development
				other than a single-family home or duplex, provided:
1. Only one walkover is installed at the site
				unless New Jersey 2012 High Resolution Orthophotography (available for download
				at
http://njgin.state.nj.us/NJ_NJGINExplorer/DataDownloads.jsp
)
				reflects that more than one walkover was present on the site on the date
				depicted in the image. In such case, the maximum number of walkovers that may
				be installed shall be equal to the number of walkovers reflected on the 2012
				orthophotography;
2. The
				installation does not require the grading or excavation of a beach or
				dune;
3. For non-commercial
				properties, the width of the at-grade walkover structure does not exceed six
				feet and the total width of the at-grade walkover, fencing, and/or edging does
				not exceed eight feet;
4. For
				commercial properties, the width of the at-grade walkover structure does not
				exceed 10 feet and the total width of the at-grade walkover, fencing, and/or
				edging does not exceed 12 feet;
5.
				The walkover is fenced on both sides using sand fencing, split rail fencing, or
				open handrails, unless prohibited by the municipality; and
6. The activity complies with any applicable
				management plan for protection of State or Federally listed threatened or
				endangered species, as approved by the Department and the USFWS, and/or the
				endangered or threatened wildlife or vegetation species habitat rule,
N.J.A.C.
				7:7-9.36
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 5 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:7-5.1 - General permit-by-certification 10 - reconstruction of a legally existing functioning bulkhead in-place or upland of a legally existing functioning bulkhead

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This permit-by-certification authorizes
				the reconstruction of a legally existing bulkhead in-place or upland of a
				legally existing functioning bulkhead, provided:
1. The replacement bulkhead is located upland
				of any wetlands;
2. The
				construction of a bulkhead subject to wave run-up forces (that is, in a V zone
				as described at
				7:7-9.18 ) shall be designed and
				certified by a New Jersey licensed professional engineer to withstand the
				forces of wave run-up;
3. The
				structure shall not create net adverse shoreline movement downdrift, including
				erosion or shoaling;
4. The
				construction shall have no adverse impact to any special areas as described at
				N.J.A.C. 7:7-9; and
5. Clean fill
				from an upland source shall be used for backfill.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 5 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:7-5.2 - General permit-by-certification 15 - construction of piers, docks, including jet ski ramps, pilings, and boatlifts in man-made lagoons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-certification authorizes the construction of piers, docks, including
				jet ski ramps, pilings, and boatlifts in man-made lagoons, provided:
1. The structures shall be located on
				individual single family or duplex lots and shall be for recreational or
				non-commercial use;
2. The
				structures, including mooring area and mooring piles, shall not extend beyond a
				distance of 20 percent of the width of a man-made lagoon;
3. The width of the dock or pier shall not
				exceed twice the clearance between the structure and the surface of the ground
				below or the water surface at mean high water, except for floating docks. For
				example, an eight foot wide dock must be elevated a minimum of four feet above
				the water surface at mean high water;
4. The maximum width of the structure shall
				be eight feet, except where crossing wetlands, where the proposed structure
				shall be constructed perpendicular to the shoreline to access sufficient water
				depth and shall not exceed six feet in width. In any case, the height of the
				structure over wetlands shall be a minimum of four feet;
5. Any wetlands disturbed during construction
				shall be restored to pre-project conditions;
6. The proposed structure, including mooring
				area and mooring piles, does not hinder navigation or access to adjacent docks,
				piers, moorings, or water areas;
7.
				A minimum of eight feet of open water shall be provided between any docks
				including jet ski ramps, if the combined width of any existing or proposed
				docks over the water exceeds eight feet;
8. For docks which are perpendicular to the
				adjacent bulkhead or shoreline, construction and placement of the dock shall be
				a minimum of four feet from all property lines;
9. The space between horizontal planking is
				maximized and the width of horizontal planking is minimized to the maximum
				extent practicable. Under normal circumstances, a minimum of 3/8 inch, 1/2
				inch, 3/4 inch, or one inch space is to be provided for four inch, six inch,
				eight to 10 inch, or 12 inch plus wide planks, respectively;
10. Jet ski ramps are inclined floating docks
				which are typically attached to existing docks for the purpose of docking jet
				skis. Jet ski ramps shall not exceed eight feet in width; and
11. For sites which have existing dock
				structures exceeding eight feet in width over water areas and/or wetlands,
				which were constructed prior to September 1978 and for which the applicant
				proposes to increase the coverage over the water area or wetland by increasing
				the number or size of boat slips, docks, or piers, the existing oversized
				structures shall be reduced to a maximum of eight feet in width.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 5 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:7-5.3 - General permit-by-certification 1A - installation of an elevated timber dune walkover at a residential, commercial, or public development other than a single-family home or duplex

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit-by-certification authorizes the installation of an elevated timber dune
				walkover at a residential, commercial, or public development other than a
				single-family home or duplex, provided:
1.
				Only one walkover is installed at the site unless New Jersey 2012 High
				Resolution Orthophotography (available for download at
http://njgin.state.nj.us/NJ_NJGINExplorer/DataDownloads.jsp
)
				reflects that more than one walkover was present on the site on the date
				depicted in the image. In such case, the maximum number of walkovers that may
				be installed shall be equal to the number of walkovers reflected on the 2012
				orthophotography;
2. The
				construction of elevated timber dune walkover is in accordance with the
				standards and specifications described in Beach Dune Walkover Structures
				(Florida Sea Grant, 1981) available from the Department at the address set
				forth at
N.J.A.C.
				7:7-1.6
;
3. For non-commercial properties, the width
				of the walkover structure does not exceed six feet and the total width of the
				elevated timber walkover, fencing, and/or edging not to exceed eight
				feet;
4. For commercial properties,
				the width of the walkover structure does not exceed 10 feet and the total width
				of the walkover, fencing, and/or edging not to exceed 12 feet; and
5. The activity complies with any applicable
				management plan for protection of State and Federally listed threatened or
				endangered species, as approved by the Department and the USFWS, and/or the
				endangered or threatened wildlife or vegetation species habitat rule,
N.J.A.C.
				7:7-9.36
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.1 - General permit 1 - amusement pier expansion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				general permit authorizes the expansion of an existing, functional amusement
				pier provided that the expansion complies with the following:
1. The amusement pier was existing and
				functional as of July 19, 1993;
2.
				The expansion does not exceed by more than 25 percent the footprint of the
				amusement pier as it existed on July 19, 1993;
3. The expansion is located more than 150
				feet landward of the mean high water line;
4. The expansion will not eliminate or
				adversely affect existing, direct public access from the boardwalk to the
				beach, unless for each access point eliminated or adversely affected another
				access point is provided immediately adjacent to the expanded amusement
				pier;
5. The expansion includes a
				provision for public seating and viewing at the terminal end of the
				expansion;
6. The expansion may
				consist of either structures or beach grading which does not result in change
				in existing beach elevations of more than one foot;
7. The expansion shall not result in
				excavation or grading of a dune;
8.
				The expanded amusement pier shall continue to be used only for
				amusements;
9. The expansion is
				consistent with the Water Quality Management Plan adopted pursuant to N.J.A.C.
				7:15; and
10. Public access shall
				be provided in accordance with the lands and waters subject to public trust
				rights rule,
				7:7-9.48, and the public access
				rule, 7:7-16.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.2 - General permit 2 - activities on a beach and dune

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit authorizes the following activities on a beach and dune:
1. Routine beach maintenance activities
				performed in accordance with
N.J.A.C.
				7:7-10.2
;
2. Emergency post-storm beach restoration
				performed in accordance with
N.J.A.C.
				7:7-10.3
;
3. Dune creation and maintenance performed in
				accordance with
N.J.A.C.
				7:7-10.4
; and
4. The construction of dune walkovers
				constructed in accordance with
N.J.A.C. 7:7-10.4(e)
and(f).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.3 - General permit 3 - voluntary reconstruction of certain residential or commercial development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general permit authorizes the
				voluntary reconstruction of a non-damaged legally constructed, currently
				habitable residential or commercial development landward of the existing
				footprint of development provided:
1. Such
				reconstruction is in compliance with existing requirements or codes of
				municipal, State and Federal law;
2. The reconstruction does not result in the
				enlargement of the footprint of the development;
3. In the case of residential reconstruction,
				the reconstruction does not result in an increase in the number of dwelling
				units;
4. In the case of commercial
				reconstruction:
i. The reconstruction does
				not result in an increase in the number of parking spaces or equivalent parking
				area associated with the development; and
ii. The development is consistent with the
				Water Quality Management Plan adopted pursuant to N.J.A.C. 7:15;
5. The reconstruction does not
				result in additional impacts to special areas as defined at N.J.A.C.
				7:7-9;
6. The reconstruction does
				not increase the area covered by buildings and/or asphalt or concrete
				pavement;
7. The reconstruction
				meets the requirements of
				7:7-9.25 and 9.26; and
8. Public access shall be provided in
				accordance with the lands and waters subject to public trust rights rule,
				7:7-9.48, and the public access
				rule, 7:7-16.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.6 - General permit 6 - construction of a bulkhead and placement of associated fill on a man-made lagoon

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit authorizes the construction of a bulkhead on a lot located on a
				substantially developed manmade lagoon, provided that the bulkhead complies
				with the following:
1. The site is located on
				a substantially developed manmade lagoon;
2. The bulkhead shall be located at or above
				the spring high water line unless it is between two existing legally
				constructed bulkheads not more than 75 feet apart. In such cases, the
				connecting bulkhead shall not extend waterward of a straight line connecting
				the ends of the existing bulkheads;
3. There shall be no disturbance to wetlands
				during construction;
4. The
				bulkhead is located inshore of any wetlands;
5. A minimum 10-foot return shall be
				constructed at each end of the bulkhead unless it is tied into an existing
				adjacent bulkhead;
6. Clean fill
				from an upland source or the dredged material removed as part of the bulkhead
				installation, provided such dredged material meets the criteria for structural
				or non-structural fill material and is managed in accordance with Appendix G,
				shall be used for backfill.
7.
				Public access shall be provided in accordance with the lands and waters subject
				to public trust rights rule,
				7:7-9.48, and the public access
				rule, 7:7-16.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.7 - General permit 7 - construction of a revetment at a single-family home or duplex lot

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit authorizes the construction of a revetment at a single-family home or
				duplex lot that is not part of a larger development owned or controlled by the
				same property owner and which has an eroding shoreline along any shore other
				than the Atlantic Ocean, Delaware Bay, Raritan Bay, or Sandy Hook Bay. (General
				permit 8 - construction of gabions at a single-family home is found at
				7:7-6.8.)
(b) Construction of the revetment shall
				comply with the following:
1. The revetment
				slope shall not be steeper than one vertical to two horizontal;
2. The placement of rip rap in the waterway
				shall be limited to that necessary to protect the shoreline;
3. Fill material placed to achieve the
				required slope shall be:
i. Added only to the
				upland;
ii. Free of large stones;
				and
iii. Firmly compacted before
				revetment construction begins;
4. Filter fabric (or graded stone filter)
				shall be installed to prevent loss of slope materials through voids in the
				revetment material;
5. Revetment
				stones shall be angular and blocky, not rounded;
6. The toe of the revetment shall be located
				at least three feet below existing grade to prevent undercutting;
7. Weight of individual stone shall be
				determined by a design engineer based on wave height range for the
				site;
8. Placement of a revetment
				in dunes or wetlands is prohibited. Any wetlands disturbed by the construction
				activities shall be restored to pre-construction conditions; and
9. The revetment shall be placed in such a
				way as to not result in instability of a coastal bluff or cause erosion of
				adjacent properties or offshore areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.8 - General permit 8 - construction of gabions at a single family/duplex lot

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit authorizes the construction of gabions at a single-family home or duplex
				lot that is not part of a larger development owned or controlled by the same
				property owner and which has an eroding shoreline along any shore other than
				the Atlantic Ocean, Delaware Bay, Raritan Bay, or Sandy Hook Bay. (General
				permit 7 - construction of revetments at a single-family home is found at
				7:7-6.7.)
(b) The design and construction of the
				gabions shall comply with the following:
1.
				The gabions shall be laid along the face of the shore such that the waterward
				slope of the gabions, as measured along the face of the gabions, shall be no
				steeper than one vertical to two horizontal. However, if the steepness and
				height of the slope of the non-storm shoreline profile preclude construction of
				a sloped gabion system, then the waterward slope of a step faced gabion system,
				as measured along a line connecting the gabions shall be no steeper than one
				vertical to one horizontal;
2. The
				placement of the gabions in the waterway shall be limited to that necessary to
				protect the shore;
3. The toe of
				the gabions shall be located at least three feet below existing grade to
				prevent undercutting;
4. Rip rap
				shall be placed along the waterward toe of the gabion only if the Department
				determines that such rip-rap is required to limit scour potential and the areas
				and volume of rip rap are minimized;
5. Placement of gabions on dunes or in
				wetlands is prohibited. Any wetlands disturbed by the construction activities
				shall be restored to pre-construction conditions;
6. The gabions shall be placed in such a way
				as to not result in instability of a coastal bluff or cause erosion of adjacent
				properties or offshore areas;
7.
				The gabions shall be tightly packed with four inch to eight inch diameter stone
				(to minimize movement of the interior stone and consequent damage to the wire)
				and the edges shall be laced together with steel wire;
8. Individual gabions shall be wired
				together;
9. The size and number of
				gabions shall be determined by a design engineer based on wave height range for
				the site; and
10. Fill material
				placed to achieve the required slope shall be:
i. Added only to the upland;
ii. Free of large stones; and
iii. Firmly compacted before construction of
				the gabions begins.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.9 - General permit 9 - construction of support facilities at legally existing and operating marinas 7:7-6.9 General permit 9 - construction of support facilities at legally existing and operating marinas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general permit authorizes the
				construction of support facilities at legally existing and operating commercial
				marinas including marinas operated by public agencies, commissions, and
				authorities.
(b) The construction
				of the following support facilities listed at (b)1 through 6 below is
				acceptable provided they comply with the specific conditions for each facility
				and also with (c) below:
1. Construction of
				boat rack systems/marina support buildings including, but not limited to,
				showroom, maintenance/repair, marine supplies, bait/tackle, boat sales, dock
				masters office buildings, sheds, and storage, excluding residential development
				provided:
i. The building(s) shall be no more
				than one story or level;
ii. The
				building(s) shall be set back a minimum of 15 feet from a shore protection
				structure and 25 feet from the mean high water line where no shore protection
				structures are present;
iii. The
				building(s) and rack system shall be set back a minimum of 50 feet from the
				inland limit of any wetlands;
iv.
				The building(s) and rack system shall be located in an existing cleared and
				maintained area of the site;
v. The
				marina must provide or maintain restrooms and at least one portable toilet
				emptying receptacle in accordance with
				7:7-15.3(d);
				and
vi. Marinas with dockage for 25
				or more vessels or any one vessel with live aboard arrangement must provide for
				adequate and conveniently located pumpout facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.10 - General permit 10 - reconstruction of a legally existing functioning bulkhead

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This permit
				authorizes the reconstruction of a legally existing functioning bulkhead
				provided:
1. For project sites which are
				located on a lagoon lot, the reconstruction of a legally existing bulkhead is
				located in-place or upland of the existing bulkhead;
2. For project sites which are not located on
				a lagoon lot:
i. The reconstruction of a
				legally existing bulkhead is located in-place or upland of the existing
				bulkhead; or
ii. The reconstruction
				of a legally existing bulkhead is:
(1)
				Located within 18 inches outshore of the existing bulkhead (measured from the
				waterward face of the original bulkhead alignment of the existing bulkhead to
				the waterward face of the proposed bulkhead) when a timber bulkhead is used;
				or
(2) Located up to a maximum of
				24 inches outshore of the existing bulkhead (measured from the waterward face
				of the original bulkhead alignment of the existing bulkhead to the waterward
				face of the proposed bulkhead) when a vinyl bulkhead is used, provided the
				vinyl bulkhead abuts the pilings of the existing bulkhead; and
3. For all project
				sites, reconstruction of certain bulkhead structures in place located below the
				mean high water line may be exempt from the Waterfront Development Law pursuant
				to 7:7-2.4(d)7.