New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.22 - Permit-by-rule 22 - construction of a swimming pool, spa, or hot tub and associated decking on a bulkheaded lot without wetlands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This permit-by-rule authorizes the
				construction of a swimming pool, spa, or hot tub and associated decking (for
				example, wood or recycled plastic planking, concrete, or paver blocks) on a lot
				with a legally existing, functioning bulkhead along the entire waterfront
				portion of the site and no wetlands landward of the bulkhead, provided:
1. No excavation, grading, or filling of a
				beach or dune is conducted;
2. The
				swimming pool, spa, or hot tub is set back a minimum of 15 feet from the
				waterward face of the bulkhead;
3.
				The footprint of the area covered by the current construction in combination
				with any existing swimming pool, spa, and/or hot tub, constructed under this
				permit-by-rule after July 6, 2015, at a residential development does not exceed
				a cumulative total of 750 square feet on the lot. For example, a
				600-square-foot in-ground swimming pool could be constructed on a lot under
				this permit-by-rule and at a later time an additional 150-square-foot spa or
				hot tub could be constructed on the lot under this permit-by-rule, because the
				cumulative footprint of the development for both structures would not exceed
				750 square feet. However, the construction of a 200-square-foot spa or hot tub
				would not be authorized on a lot under this permit-by-rule where a
				600-square-foot in-ground swimming pool had already been constructed pursuant
				to this permit-by-rule, because the cumulative total footprint of development
				for both structures would exceed 750 square feet;
4. The footprint of the area covered by the
				current construction in combination with any existing swimming pool, spa,
				and/or hot tub, including associated decking, constructed under this
				permit-by-rule after July 6, 2015, at a development other than a residential
				development does not exceed a cumulative total of 750 square feet on the lot.
				For example, a 600-square-foot in-ground swimming pool and associated decking
				could be constructed on a lot under this permit-by-rule and at a later time an
				additional 150-square-foot spa or hot tub could be constructed on the lot under
				this permit-by-rule, because the cumulative footprint of the development for
				both structures would not exceed 750 square feet. However, the construction of
				a 200-square-foot spa or hot tub would not be authorized on a lot under this
				permit-by-rule where a 600-square-foot in-ground swimming pool and associated
				decking had already been constructed pursuant to this permit-by-rule, because
				the cumulative total footprint of development for both structures would exceed
				750 square feet;
5. The backwash
				system of the swimming pool, spa, or hot tub does not discharge to the adjacent
				water body;
6. Prior to
				construction, a silt fence is erected landward of the bulkhead with a 10-foot
				landward return on each end. The silt fence shall be maintained and remain in
				place until all construction and landscaping activities are
				completed;
7. All subgravel liners
				are made of filter cloth or other permeable material; and
8. The swimming pool, spa, or hot tub and
				associated decking are not constructed on a coastal bluff.