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

(a) Except as provided at (b) below, the Department shall, upon written request of an applicant, fully refund the submitted application fee in the following circumstances: 1. The application is withdrawn within 60 calendar days of its submittal to the Department and is not admini…

(a) Within 20 working days after receiving an application for authorization under a general permit or an application for a waterfront development or coastal wetlands individual permit, where day one of the 20-working-day period is the date the application is received, the Departm…

(a) As required by N.J.A.C. 7:7-24.4(a), an applicant for a CAFRA individual permit shall, upon submittal of the application to the Department, publish newspaper notice, pursuant to N.J.A.C. 7:7-24.5, of the application. If the documentation of publication of the newspaper notice…

(a) Within 15 calendar days after the date that the Department declares a CAFRA individual permit application complete for public comment, the Department shall schedule a public comment period on the application, and shall so notify the applicant. 1. The public comment period sha…

(a) The Department shall hold a fact-finding public hearing on a CAFRA individual permit application if the Department determines that, based on public comment received in response to the newspaper notice that the applicant must provide pursuant to N.J.A.C. 7:7-24.4(a) and/or a r…

(a) Within 90 calendar days after an application for a general permit authorization or an application for a waterfront development or coastal wetlands individual permit is declared complete for review in accordance with N.J.A.C. 7:7-26.2, the Department shall: 1. Determine the ap…

(a) The Department shall cancel an application for any of the following reasons: 1. An applicant does not submit additional information within the time frame prescribed by the Department under this subchapter for an application that has been determined to be administratively or t…

An applicant may withdraw an application in writing at any time during the Department's review of the application. The Department shall promptly acknowledge the withdrawal in writing. Notes N.J. Admin. Code § 7:7-26.8 Adopted by 47 N.J.R. 1392(a), effective 7/6/2015

If an application for an authorization under a general permit or an application for an individual permit is denied or cancelled by the Department, or is withdrawn by the applicant, the applicant may re-submit the application in accordance with N.J.A.C. 7:7-23. The Department shal…

(a) This subchapter sets forth the conditions that apply to all coastal permits. (b) This subchapter sets forth the procedures for: 1. Extending the term of an authorization under a general permit the duration of which is governed by N.J.A.C. 7:7-3.7 or of a waterfront developmen…

(a) The Department places conditions on a coastal permit to ensure that the approved project complies with this chapter. The conditions that apply to all coastal permits are set forth in (c) below, and the additional conditions that apply to all coastal permits except permits-by-…

(a) A permittee may request one five-year extension of an authorization under a general permit the duration of which is governed by N.J.A.C. 7:7-3.7, or one five-year extension of an individual permit for activities waterward of the mean high water line the duration of which is g…

(a) If the site on which regulated activities are authorized pursuant to an emergency authorization, an authorization under a general permit, or an individual permit is transferred to a new owner, the authorization or individual permit, including all conditions, shall be automati…

(a) An authorization under a general permit that is valid as described in the provisions regarding duration of general permit authorizations at N.J.A.C. 7:7-3.6 or 3.7, as applicable, or an individual permit that is valid as described in the provisions regarding duration of indiv…

(a) This section sets forth requirements for an application to modify an authorization under a general permit or an individual permit. The general application requirements at N.J.A.C. 7:7-23.2 apply to applications for modifications in addition to the application requirements in …

(a) The Department shall suspend an authorization under a general permit, an individual permit, or an emergency authorization for good cause, including, but not limited to, the following: 1. The authorization under a general permit, individual permit, or emergency authorization w…

(a) The Department shall terminate for good cause an authorization under a general permit, an individual permit, or an emergency authorization that has been suspended pursuant to N.J.A.C. 7:7-27.7. Good cause for termination includes, but is not limited to, the following: 1. The …

(a) This subchapter sets forth the process by which a person may request an adjudicatory hearing to contest a Department decision to approve or deny a coastal permit under this chapter. A person seeking to contest an administrative order and/or a civil administrative penalty asse…

As part of a request for an adjudicatory hearing, a person may request that the Department determine whether the matter is suitable for mediation by the Department's Office of Administrative Hearings and Dispute Resolution. The Department shall promptly notify the requester of it…

(a) When a permittee requests an adjudicatory hearing to appeal any portion of a permit or an authorization, the operation of the permit or authorization shall be automatically stayed in its entirety, unless the permittee shows good cause in writing why the permit or authorizatio…

(a) If the Department enters into settlement discussions regarding a project in a municipality in the CAFRA area that will impact a dune or other environmentally sensitive area, the Department shall provide notice, in writing, to the governing body of that municipality. The notic…

(a) Whenever the Department finds that a person has violated any provision of N.J.S.A. 13:19-1 et seq., N.J.S.A. 12:5-1 et seq., N.J.S.A. 13:9A-1 et seq., or any regulation, rule, permit, or order adopted or issued by the Department pursuant thereto, the Department may, singly or…

(a) Each violation of N.J.S.A. 13:19-1 et seq., 12:5-1 et seq., and 13:9A-1 et seq. identified in Table A at (f) below by an "M" in the Type of Violation column for which the conditions of (d)1 through 6 below are satisfied, and each violation determined under (c) below as minor …

Whenever the Department finds that a person has violated any provision of N.J.S.A. 13:19-1 et seq., N.J.S.A. 12:5-1 et seq., N.J.S.A. 13:9A-1 et seq., or any regulation, rule, permit, or order adopted or issued by the Department pursuant thereto, the Department may issue an order…

(a) To assess a civil administrative penalty under N.J.S.A. 13:19-1 et seq., N.J.S.A. 12:5-1 et seq., or N.J.S.A. 13:9A-1 et seq., the Department shall notify the violator by certified mail (return receipt requested) or by personal service. This Notice of Civil Administrative Pen…

(a) To request an adjudicatory hearing to contest an administrative order and/or a notice of civil administrative penalty assessment issued pursuant to N.J.S.A. 13:19-1 et seq., 12:5-1 et seq., or 13:9A-1 et seq., the violator shall submit a hearing request in writing within 35 c…

(a) For the failure to obtain a permit prior to conducting regulated activities, the Department may assess a civil administrative penalty pursuant to this section of not more than $ 25,000 for each violation of N.J.A.C. 7:7-2.2, 2.3, or 2.4. For the purposes of this section, a pe…

(a) For violations other than failure to obtain a permit prior to conducting regulated activities, the Department may, in its discretion, assess a civil administrative penalty pursuant to this section of not more than $ 25,000 for each violation of N.J.S.A. 13:19-1 et seq., N.J.S…

(a) Any person who violates the provisions of N.J.S.A. 13:19-1 et seq., N.J.S.A. 12:5-1 et seq., and/or N.J.S.A. 13:9A-1 et seq., any regulation, rule, permit, order, or court order issued pursuant thereto, or who fails to pay a civil administrative penalty in full pursuant to N.…

(a) The Department may institute an action or proceeding in the Superior Court for injunctive and other relief, including the appointment of a receiver, for any violation of N.J.S.A. 13:19-1 et seq., 13:9A-1 et seq. and 12:5-1 et seq. or any regulation, rule, permit, or order ado…

(a) The Department, upon petition to the Attorney General, may bring a criminal action in court for certain violations of N.J.S.A. 13:19-1 et seq., 12:5-1 et seq., and/or 13:9A-1 et seq., or any regulation, rule, permit, or order adopted or issued by the Department pursuant there…

This subchapter sets forth the standards for the Department to issue, by rulemaking, permits-by-rule, general permits-by-certification, and general permits; the use of these permits to conduct authorized activities; the standards governing the use of more than one of these permit…

(a) The Department will, in accordance with the rulemaking provisions of the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., promulgate each permit-by-rule, general permit-by-certification, or general permit after publication of a notice of rule proposal in th…

(a) An activity that meets the requirements of a permit-by-rule may be conducted without prior Department approval, except that activities under the permits-by-rule at N.J.A.C. 7:7-4.4, 4.5, and 4.9 may be conducted only after the Department has issued the waterfront development …

(a) A person may undertake a regulated activity more than once on a single site. The activity may be authorized each time under a single permit-by-rule, general permit-by-certification, or general permit, provided the individual limits and conditions of the permit are not exceede…

(a) An authorization under a general permit-by-certification is valid for five years from the date of issuance of the authorization. (b) The five-year term of an authorization under a general permit-by-certification shall not be extended. (c) All regulated activities being conduc…

(a) This section sets forth the duration of an authorization under a general permit for which the application was declared complete for review prior to July 6, 2015. The duration of an authorization under a general permit for which an application is declared complete for review o…

(a) This section sets forth the duration of an authorization under a general permit for which the application is declared complete for review on or after July 6, 2015. The duration of an authorization under a general permit for which an application was declared complete for revie…

(a) A person conducting regulated activities pursuant to a permit-by-rule, or pursuant to an authorization under a general permit-by-certification or general permit, shall comply with: 1. The conditions set forth in the permit-by-rule, general permit-by-certification, or general …

(a) This permit-by-rule authorizes the expansion of a legally constructed, habitable single-family home or duplex on the non-waterward sides of the single-family home or duplex, provided the expansion: 1. Is not proposed on a beach, dune, or wetland; 2. Meets the requirements of …

(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) Thi…

(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 nec…

(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: …

(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…

(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 th…

(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 land…

(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 t…

(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 N.J.S.A. 50:1-23. Upon expiration or termination of the shellfish lease, or the cessation of the use of predator scree…

(a) This permit-by-rule authorizes the placement of shellfish cages in an area subject to a valid shellfish lease pursuant to N.J.S.A. 50:1-23. Upon expiration or termination of the shellfish lease, or the cessation of the use of shellfish cages, whichever occurs first, within fi…

(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…