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

(a) If a site or portion of a site is forested, as determined under N.J.A.C. 7:7-13.5, the impervious cover limit is the acreage of the net land area on the site or portion as determined under N.J.A.C. 7:7-13.3(e), multiplied by the impervious cover percentage in Table D below fo…

(a) The area (in acres) on a site in the upland waterfront development area in which trees and/or herb/shrub vegetation shall be planted or preserved is calculated as follows: 1. To determine the area (in acres) of tree preservation and/or tree planting on the site: i. Identify t…

(a) For purposes of this subchapter and consistent with all other rules in this chapter, descriptions and policy objectives for the Coastal Planning Areas in the CAFRA area are set forth in (b) through (f) below. (b) The Coastal Metropolitan Planning Area includes a variety of co…

(a) The boundaries of the Planning Areas, the community development boundaries of centers, and the boundaries of cores and nodes formally approved by the State Planning Commission as of August 1, 1999, are incorporated by reference into this subchapter. These boundaries are the b…

(a) The impervious cover limit for a site in the CAFRA area shall be determined as follows: 1. If a site is located in a CAFRA center, CAFRA core, or CAFRA node, the impervious cover limit is determined under (c) below. Note that the impervious cover limit for such a site is calc…

(a) The area (in acres) on a site in the CAFRA area in which trees and/or herb/shrub vegetation shall be planted or preserved is calculated as follows: 1. To determine the area (in acres) of tree preservation and/or tree planting on the site: i. Determine the location of the site…

(a) On March 15, 2007, the boundaries delineated by the Department for mainland coastal centers not located on barrier islands, oceanfront spits, or peninsulas in the CAFRA area expired. The expired boundaries were re-established under the Permit Extension of Act of 2008 as amend…

In addition to the terms defined at N.J.A.C. 7:7-1.5, the following terms are defined for purposes of this subchapter: "CAFRA center" means a center with a boundary incorporated by reference or revised in accordance with N.J.A.C. 7:7-13.16. "CAFRA core" means a core with a bounda…

(a) This section sets forth impervious cover requirements that apply to sites in the upland waterfront development and CAFRA areas. Impervious cover limits, specific to each of these areas, are found at N.J.A.C. 7:7-13.13 and 13.17. (b) A stormwater management facility is not cou…

(a) This section sets forth vegetative cover requirements that apply to sites in the upland waterfront development and CAFRA areas. Vegetative cover percentages, specific to each of these areas, are found at N.J.A.C. 7:7-13.14 and 13.18. More trees may be planted or preserved tha…

(a) The vegetative cover percentage that applies to a site in the upland waterfront development area or CAFRA area varies depending on whether the site is forested. If only a portion of a site is forested, separate vegetative cover percentages shall be calculated for the forested…

(a) The growth rating for a site in the upland waterfront development area is determined by the region in which it is located, and the growth rating assigned to that region. (b) The growth ratings are as follows: 1. A development growth rating is assigned to regions of the upland…

(a) The environmental sensitivity of a site in the upland waterfront development area is based on the soil type and the depth to seasonal high water table or the presence of paving or structures. Different portions of a site may have different environmental sensitivities. (b) A s…

(a) Development potential is determined by the type of development proposed and the presence or absence of certain development-oriented elements at or near the site of the proposed development, including roads; wastewater conveyance, treatment and disposal system; and existing de…

(a) Subject to the limitation at N.J.A.C. 7:7-13.8(c)1, the development potential for a residential development site or a minor commercial development site in the upland waterfront development area is determined using (b) through (d) below. (b) A site upon which a residential or …

(a) A linear development shall comply with the specific location rules to determine the most acceptable route, to the maximum extent practicable. If part of the proposed alignment of a linear development is found to be unacceptable under the specific location rules (for example, …

(a) A location may be acceptable for development under N.J.A.C. 7:7-9, 12, 13, and 14, but the Department may reject or conditionally approve the proposed development of the location as reasonably necessary to: 1. Promote the public health, safety, and welfare; 2. Protect public …

(a) Secondary impacts are the effects of additional development likely to be constructed as a result of the approval of a particular proposal. Secondary impacts can also include traffic increases, increased recreational demand and any other offsite impacts generated by onsite act…

Many types of development seek to locate in the coastal zone. The second stage in the screening process of the Coastal Zone Management rules involves analysis of appropriate uses of coastal resources. Use rules are rules and conditions applicable to particular kinds of developmen…

(a) Standards relevant to hotels and motels are as follows: 1. Hotels and motels are commercial establishments, known to the public as hotels, motor-hotels, motels, or tourist courts, primarily engaged in providing lodging, or lodging and meals, for the general public. Also inclu…

(a) Coastal engineering measures include a variety of non-structural, hybrid, and structural shore protection and storm damage reduction measures to manage water areas and protect the shoreline from the effects of erosion, storms, and sediment and sand movement. Beach nourishment…

(a) Dredged material placement is the disposal or beneficial use of sediments removed during dredging operations. Beneficial uses of dredged material include, but are not limited to, fill, capping material, topsoil, bricks, and lightweight aggregate. This rule applies to the plac…

(a) A national defense facility is any building, group of buildings, marine terminal, or land area owned or operated by a defense agency (Army, Navy, Air Force, Marines, Coast Guard) and used for training, research, material support, or any other defense related use. (b) National…

(a) High-rise structures are structures which are more than six stories or more than 60 feet in height as measured from existing preconstruction ground level. (b) The standards for high-rise structures are as follows: 1. High-rise structures are encouraged to locate in an urban a…

(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…

(a) Resort/recreation uses include the wide range of small and large developments attracted to and often dependent upon locations along the coast. These uses include hotels, motels, marinas, boating facilities, campgrounds, amusement piers, parks and recreational structures such …

(a) Energy facilities include facilities, plants or operations for the production, conversion, exploration, development, distribution, extraction, processing, or storage of energy or fossil fuels. Energy facilities also include onshore support bases and marine terminals. Energy f…

(a) Standards relevant to roads are as follows: 1. New road construction must be consistent with the rule on location of linear development at N.J.A.C. 7:7-14.1, and shall be limited to situations where: i. A clear need exists, taking into account the alternatives of upgrading ex…

(a) Public facilities include a broad range of public works for production, transfer, transmission, and recovery of water, sewerage and other utilities. The presence of an adequate infrastructure makes possible future development and responds to the needs created by present devel…

(a) Industry uses are uses that involve industrial processing, manufacturing, storage, or distribution activities. These uses include, but are not limited to, electric power production, food and food by-product processing, paper production, agri-chemical production, chemical proc…

(a) New or expanded mining operations on land, and directly related development, for the extraction and/or processing of construction sand, gravel, ilmenite, glauconite, and other minerals are conditionally acceptable, provided that the following conditions are met (mining is oth…

(a) Port uses are concentrations of shoreside marine terminals and transfer facilities for the movement of waterborne cargo (including fluids), and including facilities for loading, unloading and temporary storage. (b) Port-related development and marine commerce is encouraged in…

In addition to satisfying the location and use rules, a proposed development must satisfy the requirements of this subchapter. This subchapter contains the standards the Department utilizes to analyze the proposed development in terms of its effects on various resources of the bu…

(a) Scenic resources include the views of the natural and/or built landscape. (b) Large-scale elements of building and site design are defined as the elements that compose the developed landscape such as size, geometry, massing, height and bulk structures. (c) New coastal develop…

(a) Buffers are natural or man-made areas, structures, or objects that serve to separate distinct uses or areas. Compatibility of uses is the ability for uses to exist together without aesthetic or functional conflicts. (b) Development shall be compatible with adjacent land uses …

(a) Traffic is the movement of vehicles, pedestrians or ships along a route. (b) Coastal development shall be designed, located and operated in a manner to cause the least possible disturbance to traffic systems. 1. Alternative means of transportation, that is, public and private…

(a) Subsurface sewage disposal system means a system for disposal of sanitary sewage into the ground which is designed and constructed to treat sanitary sewage in a manner that will retain most of the settleable solids in a septic tank and to discharge the liquid effluent to a di…

(a) Subsurface sewage disposal system means a system for disposal of sanitary sewage into the ground which is designed and constructed to treat sanitary sewage in a manner that will retain most of the settleable solids in a septic tank and to discharge the liquid effluent to a di…

(a) Marine fish are marine and estuarine animals other than marine mammals and birds. Marine fisheries means: 1. One or more stocks of marine fish which can be treated as a unit for the purposes of conservation and management and which are identified on the basis of geographical,…

(a) As required by Section 307(f) of the Federal Coastal Zone Management Act, 16 U.S.C. §§ 1451 et seq., Federal, State, and local water quality requirements established under the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq., shall be the water resource standards of the coa…

(a) Surface water is water in lakes, ponds, streams, rivers, bogs, wetlands, bays, and ocean that is visible on land. (b) Coastal development shall demonstrate that the anticipated surface water demand of the facility will not exceed the capacity, including phased planned increas…

(a) Groundwater is all water within the soil and subsurface strata that is not at the surface of the land. It includes water that is within the earth that supplies wells and springs. (b) Coastal development shall demonstrate, to the maximum extent practicable, that the anticipate…

(a) If a project or activity meets the definition of "major development" at N.J.A.C. 7:8-1.2, then the project or activity shall comply with the Stormwater Management rules at N.J.A.C. 7:8. (b) Rationale: The Stormwater Management Rules ( N.J.A.C. 7:8) specify standards for State…

(a) Vegetation is the plant life or total plant cover that is found on a specific area, whether indigenous or introduced by humans. (b) Coastal development shall preserve, to the maximum extent practicable, existing vegetation within a development site. Coastal development shall …

(a) The protection of air resources refers to the protection from air contaminants that injure human health, welfare or property, and the attainment and maintenance of State and Federal air quality goals and the prevention of degradation of current levels of air quality. (b) Coas…

(a) Public access to the waterfront is the ability of the public to pass physically and visually to, from, and along tidal waterways and their shores and to use such shores, waterfronts and waters for activities such as navigation, fishing, and recreational activities including, …

In addition to the terms defined at N.J.A.C. 7:7-1.5, the following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Creation" means the establishment of wetland or intertidal and subtidal shallows c…

(a) This section sets forth the requirements for mitigation required pursuant to N.J.A.C. 7:7-9.6 for impacts to submerged vegetation habitat. (b) Mitigation for temporary disturbance to a submerged vegetation habitat shall consist of the restoration of the disturbed area to its …

(a) This section sets forth the requirements for mitigation required pursuant to N.J.AC. N.J.A.C. 7:7-9.15 or 12.11(f) for the filling of intertidal and subtidal shallows or tidal waters, respectively. (b) Mitigation for the filling of intertidal and subtidal shallows or tidal wa…

As provided at N.J.A.C. 7:7-9.26(h), any development regulated under this chapter in a riparian zone shall meet the requirements for a permit under the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13. Accordingly, mitigation for impacts to riparian zones shall be provided as r…