N.J.A.C. 7:7 — COASTAL ZONE MANAGEMENT RULES (Subchapter 1 to 29)

(a) This chapter establishes the rules of the Department regarding the use and development of coastal resources. The rules are used in reviewing applications for coastal permits under the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq. (CAFRA permits), the Wetlands Act…

Notes N.J. Admin. Code § 7:7-1.10 Repealed by 47 N.J.R. 1392(a), effective 7/6/2015

Notes N.J. Admin. Code § 7:7-1.11 Repealed by 47 N.J.R. 1392(a), effective 7/6/2015

(a) This chapter shall apply to actions and decisions by the Department, as described at (d) through (h) below, on uses and development of coastal resources within or affecting the coastal zone, which is described at (b) below. (b) This chapter shall apply geographically to the N…

As provided by the Federal Coastal Zone Management Act, the Department shall periodically review the rules and revise, amend, or readopt the rules in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. Notes N.J. Admin. Code § 7:7-1.3 Renumbered from N.J.A…

(a) All applications for coastal permits shall be approved, conditionally approved, or denied pursuant to this chapter. (b) The Department shall issue a permit pursuant to CAFRA only upon a finding as required by N.J.S.A. 13:19-10 that the development: 1. Conforms with all applic…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Additional definitions specifically applicable to N.J.A.C. 7:7-13, Requirements for Impervious Cover and Vegetative Cover for General Land …

(a) Forms, checklists, and other information related to this chapter can be obtained from the Division of Land Use Regulation at the address in (b) below, by telephone at (609) 984-0162, or through the Division's website at https://www.nj.gov/dep/landuse. Further information abou…

This chapter shall be liberally construed to effectuate the purpose of the Acts under which it was adopted. Notes N.J. Admin. Code § 7:7-1.7 Adopted by 47 N.J.R. 1392(a), effective 7/6/2015

If any subchapter, section, subsection, provision, clause, or portion of this chapter, or the application thereof to any person, is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the subchapter, secti…

Notes N.J. Admin. Code § 7:7-1.9 Repealed by 47 N.J.R. 1392(a), effective 7/6/2015

(a) This subchapter sets forth the standards applicable to routine beach maintenance, emergency post-storm restoration, dune creation and maintenance, and construction of boardwalks. These standards are referenced at N.J.A.C. 7:7-9.16, Dunes; N.J.A.C. 7:7-9.17, Overwash areas; N.…

(a) Routine beach maintenance includes debris removal and clean-up; mechanical sifting and raking; maintenance of accessways; removal of sand accumulated beneath a boardwalk; removal of sand from street ends, boardwalks/promenades, and residential properties; the repair or recons…

(a) This section on emergency post-storm beach restoration will apply to all beaches which are impacted by coastal storms with a recurrence interval equal to or exceeding a five-year storm event. Emergency post-storm beach restoration projects not specifically identified in this …

(a) Dune creation and maintenance includes the placement and/or repair of sand fencing (including wooden support posts), the planting and fertilization of appropriate dune vegetation, the maintenance and clearing of beach access pathways less than eight feet in width, and the con…

(a) The construction of oceanfront or bayfront boardwalks should address a number of engineering concerns related to structural support, resistance to vertical and horizontal water and wind loads, and scouring. The construction of boardwalks along tidal shoreline is acceptable, i…

Notes N.J. Admin. Code § 7:7-10.6 Amended by R.2003 d.298, effective 7/21/2003. See: 35 N.J.R. 928(a), 35 N.J.R. 3354(a). In (a)1, Substituted "$ 200.00" for "$ 100.00"; in (a)2, substituted "$ 500.00" for "$ 250.00", "$ 10,000" for "$ 5,000"; in (a)3, substituted "$ 200.00" for …

Notes N.J. Admin. Code § 7:7-10.7 New Rule, R.2006 d.344, effective 10/2/2006. See: 37 N.J.R. 3120(a), 38 N.J.R. 4205(a). Repealed by R.2015 d.023, effective 2/2/2015. See: 46 N.J.R. 1839(a), 47 N.J.R. 422(a). Section was "Additional fees for major development requiring stormwate…

(a) This subchapter sets forth the standards for conducting an endangered or threatened wildlife or plant species habitat impact assessment and for conducting an endangered or threatened wildlife species habitat evaluation. One or both must be employed by an applicant seeking to …

(a) Applicants who choose not to dispute the Department designation of the site as endangered or threatened wildlife species habitat shall demonstrate compliance with N.J.A.C. 7:7-9.36(b) by providing information required at this section and N.J.A.C. 7:7-11.4. The required inform…

(a) Applicants who dispute the Department designation of the site as endangered or threatened wildlife species habitat, or dispute the boundary of that habitat shall provide information that demonstrates that the habitat is not suitable for each of the endangered or threatened wi…

(a) All habitat evaluations and impact assessments submitted to the Department shall include: 1. An introduction describing the goals of the habitat evaluation and/or impact assessment; 2. A copy of the USGS quad map(s) showing the location of the site, with the State plane coord…

(a) General water areas are all water areas which are located below either the spring high water line or the normal water level of non-tidal waters. General water areas are subject to this subchapter and to special area rules. (b) General water areas are divided by volume and flu…

(a) The dumping of solid waste or sludge is the discharge of solid or semi-solid waste material from industrial or domestic sources or sewage treatment operations into a water area. (b) The dumping of solid or semi-solid waste of any type in any general water area is prohibited. …

(a) Filling is the deposition of material including, but not limited to, sand, soil, earth, and dredged material, into water areas for the purpose of raising water bottom elevations to create land areas. (b) Filling is prohibited in lakes, ponds, reservoirs, and open bay areas at…

(a) A boat mooring is a temporary or permanently fixed or floating anchored facility in a water body for the purpose of attaching a boat. (b) Temporary or permanent boat mooring areas are conditionally acceptable provided: 1. There is a demonstrated need that cannot be satisfied …

(a) Sand and gravel mining is the removal of sand or gravel from the water bottom substrate, usually by suction dredge, for the purpose of using the sand or gravel at another location. (b) Sand and gravel mining is discouraged in all water body types except as provided at (b)1 be…

(a) A bridge is any continuous structure spanning a water body, except for an overhead transmission line. (b) Bridges are conditionally acceptable provided:1. There is a demonstrated need that cannot be satisfied by existing facilities; 2. Pedestrian and bicycle use is provided f…

(a) Submerged pipelines (pipelines) are underwater pipelines which transmit liquids or gas, including crude oil, natural gas, water petroleum products or sewerage. (b) Submerged pipelines are conditionally acceptable provided: 1. The pipelines are not sited within special areas, …

(a) Overhead transmission lines are wires hung between supporting pylons for transmission from the site of origin to the site of consumption. Overhead transmission lines include electrical, telecommunication and cable television lines. (b) Overhead transmission lines are prohibit…

(a) Dams and impoundments are structures that obstruct natural water flow patterns for the purpose of forming a contained volume of water. Impoundments include dikes with sluice gates and other structures to control the flow of water. (b) Except for medium rivers, creeks, and str…

(a) Outfalls and intakes are pipe openings that are located in water areas for the purpose of intake of water or discharge of effluent including sewage, stormwater and industrial effluents. (b) Outfalls and intakes are conditionally acceptable provided that the use associated wit…

(a) Realignment of water areas means the physical alteration or relocation of the surface configuration of any water area. This does not include the rebulkheading of a previously bulkheaded water area or the bulkheading at or above the spring high water line. (b) Realignment of n…

(a) Shellfish aquaculture means the propagation, rearing, and subsequent harvesting of shellfish in controlled or selected environments, and the processing, packaging, and marketing of the harvested shellfish. Shellfish aquaculture includes activities that intervene in the rearin…

(a) Vertical wake or wave attenuation structures are structures designed to protect boat moorings, including those at marinas, by intercepting wakes or waves and reducing the wake or wave energy which would normally impact the adjacent boat mooring areas. Typically, timber, metal…

(a) Submerged cables (cables) are underwater telecommunication cables, and shall include all associated structures in the water such as repeaters. (b) Submerged cables, or portions thereof, which are not located in the Atlantic Ocean shall meet the following conditions: 1. The ca…

(a) Artificial reefs are man-made structures intended to simulate the characteristics and functions of natural reefs created by placing hard structures on the sea-floor for the purpose of enhancing fish habitat and/or fisheries. In time, an artificial reef will attain many of the…

(a) Living shorelines are a shoreline management practice that addresses the loss of vegetated shorelines and habitat in the littoral zone by providing for the protection, restoration, or enhancement of these habitats. This is accomplished through the strategic placement of veget…

(a) Miscellaneous uses are uses of water areas not specifically defined in this section or addressed in the use rules, N.J.A.C. 7:7-15. (b) Water dependent uses of water areas not identified in the use rules will be analyzed on a case-by-case basis to ensure that adverse impacts …

(a) Boat ramps are inclined planes, extending from the land into a water body for the purpose of launching a boat into the water until the water depth is sufficient to allow the boat to float. Boat ramps are most frequently constructed of asphalt, concrete or crushed shell. (b) B…

(a) Docks and piers for cargo and passenger movement and commercial fisheries are structures supported on pilings driven into the bottom substrate or floating on the water surface, used for loading and unloading passengers or cargo, including fluids, connected to or associated wi…

(a) Recreational and fishing docks and piers are structures supported on pilings driven into the bottom substrate, or floating on the water surface or cantilevered over the water, which are used for recreational fishing or for the mooring of boats or jet skis used for recreation …

(a) Maintenance dredging is the periodic removal of accumulated sediment from previously legally dredged navigation and access channels, marinas, lagoons, canals, or boat moorings for the purpose of safe navigation. 1. For a project to be considered maintenance dredging, the appl…

(a) New dredging is the removal of sediment that does not meet the definition of maintenance dredging at N.J.A.C. 7:7-12.6 or the definition of environmental dredging at N.J.A.C. 7:7-12.8. The temporary or permanent displacement or removal of sediment for the purpose of installin…

(a) Environmental dredging means new dredging performed in a special hazard area designated as such pursuant to N.J.A.C. 7:7-9.39 specifically to remove contaminated sediments for the purpose of remediating to an environmental standard as specified in the Department's Technical R…

(a) Dredged material disposal is the discharge of sediments removed during dredging operations in water areas. Dredged material disposal does not include the beneficial use of dredged material for the purposes of habitat creation, restoration, or enhancement, artificial reef cons…

(a) This subchapter sets forth requirements applicable in general land areas and certain special areas for impervious cover and vegetative cover on sites in the upland waterfront development area and in the CAFRA area. These requirements are set forth as follows: 1. For a site in…

(a) Subject to the limitations at N.J.A.C. 7:7-13.8(c)2, the development potential for a major commercial or industrial development site in the upland waterfront development area is determined under (b) through (d) below. (b) A site upon which a major commercial or industrial dev…

(a) Subject to the limitations at N.J.A.C. 7:7-13.8(c)3, the development potential for a campground development site in the upland waterfront development area is determined using (b) through (d) below. (b) A site upon which a campground development site is proposed is a high deve…

(a) The development intensity for a site in the upland waterfront development area is based on growth rating, environmental sensitivity, and development potential. Tables A through C below are used to determine the development intensity of a site or portion of a site. Because env…