New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.4 - General permit 4 - development of one or two single-family homes or duplexes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general
				permit authorizes the development of one or two single-family homes or duplexes
				and/or accessory development (such as garages, sheds, pools, driveways,
				grading, filling, and clearing, excluding shore protection structures),
				provided the one or two single-family homes or duplexes and accessory
				development are located landward of the mean high water line.
(b) Development under this general permit
				shall not result in the development of more than two single-family homes or
				duplexes 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
				N.J.A.C.
				7:7-9.22, Beaches; 9.25, Flood hazard areas;
				9.27, Wetlands; 9.28, Wetland buffers; and 9.36, Endangered or threatened
				wildlife or vegetation species habitats.
(d) In addition to meeting the requirements
				at (c) above, the development of two single-family homes or duplexes under this
				general permit on filled water's edge sites that have included a water
				dependent use at any time since July of 1977, shall comply with
N.J.A.C. 7:7-9.23(g)
of the filled water's edge
				rule.
(e) Development under this
				general permit shall comply with
N.J.A.C.
				7:7-9.16
, Dunes, except as provided
				under (e)1 or 2 below:
1. Development that is
				located on the landward slope of a secondary or tertiary dune described at
				(f)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 using the method described
				at 7:7-9.19, Erosion hazard areas, and
				the information in the Department's Geographic 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 develop the single family home or duplex and/or accessory
				structures; or