New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 15 - USE RULES › Section 7:7-15.2 - Housing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Housing"
				includes single family detached houses, multi-family units with apartments or
				town houses, high-rise buildings and mixed use developments.
(b) Standards relevant to water area and
				water's edge housing are as follows:
1. New
				housing or expansion of existing habitable housing is prohibited in water
				areas. Reconstruction of existing habitable structures on pilings located over
				water areas is conditionally acceptable except when damaged by wind, water, or
				waves, in which case reconstruction is prohibited.
2. In special urban areas and along large
				rivers where water dependent uses are demonstrated to be infeasible, new
				housing is also acceptable on structurally sound existing pilings, or where
				piers have been removed as part of the harbor clean-up program, the equivalent
				pier area may be replaced in the same or another location.
i. Structurally sound existing pilings may be
				reconfigured provided that the total area of water coverage is not increased
				and fisheries resources are not adversely impacted.
ii. Expansion of the total area of water
				coverage is discouraged, except where it can be shown that extensions are
				functionally necessary for water dependent uses.
iii. New housing acceptable under this rule
				shall be consistent with the lands and waters subject to public trust rights
				rule, 7:7-9.48, and the public access
				rule, 7:7-16.9.
3. Housing is conditionally acceptable in the
				filled water's edge, provided that it meets the requirements of the filled
				water's edge rule,
				7:7-9.23, lands and waters subject
				to public trust rights rule,
				7:7-9.48, and the public access
				rule, 7:7-16.9. The residential
				development shall comply with the requirements for non-porous cover and
				vegetative cover that apply to the site under N.J.A.C. 7:7-13, except on bay
				islands where the requirements of the bay islands rule,
				7:7-9.21, shall apply.
4. New housing involving the stabilization of
				existing lagoons through revegetation, bulkheading, or other means is
				conditionally acceptable provided that the conditions of the existing lagoon
				edge rule, 7:7-9.24, and the filling rule,
				7:7-12.11, are satisfied.
5. On sites with existing shore protection
				structures, the residential structure shall be set back a minimum of 25 feet
				from the oceanfront shore protection structures, and a minimum of 15 feet from
				shore protection structures elsewhere. This distance shall be measured from the
				waterward face of a bulkhead or seawall and from the top of slope on the
				seaward side of the revetment.
6.
				Water area and water's edge housing shall include a provision for boat ramps
				wherever feasible unless an accessible boat ramp is nearby.
7. Rationale: Housing is not water dependent
				on water access, and does not generally qualify for exemption to the rule of
				restricting non-water dependent development along water's edge. In addition to
				this general restriction, most of the Special Area rules contain specific
				restrictions that have the practical effect of discouraging or prohibiting new
				development, including housing, from sensitive areas.