Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:19-11.1. Low, moderate income housing, no conditions for 1. Notwithstanding the provisions of any rule or regulation to the contrary, the department shall not require the provision for low and moderate income housing as a condition for approval of an application to construct o…

13:19-13.1. Coastal Area Review Board abolished upon completion date of duties 20. a. The Coastal Area Review Board established pursuant to section 13 of P.L.1973, c.185 (C.13:19-13) is, upon the completion date of its duties, abolished, and all powers, functions and duties there…

13:19-14. Continuance in force of issued permit 14. In the event of rental, lease, sale or other conveyances by an applicant to whom a permit is issued, such permit, with any conditions, shall be continued in force and shall apply to the new tenant, lessee, owner, or assignee so …

13:19-15. Effect of denial on future submittal of new application The denial of an application shall in no way adversely affect the future submittal of a new application. L.1973, c. 185, s. 15.

13:19-16.1 "Shore Protection Fund" created. 1. a. There is created in the Department of the Treasury a special non-lapsing fund to be known as the "Shore Protection Fund." The monies in the fund are dedicated and shall only be used to carry out the purposes enumerated in subsecti…

13:19-16.2 Priority system for ranking shore protection projects. 1. a. The Commissioner of Environmental Protection shall develop a priority system for ranking shore protection projects and establish appropriate criteria therefor. Commencing with the fiscal year beginning on Jul…

13:19-16.3 Public hearings for shore protection projects, certain. 1. Whenever the State enters into an agreement, on or after the date of enactment of this act, with the United States Army Corps of Engineers for the State to assume responsibility as the non-federal sponsor of a …

13:19-17. Rules, regulations 17. a. The department shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of this act. b. Within one year of the enactment date of P.L.19…

13:19-18 Violations, remedies, penalties; "Cooperative Coastal Monitoring, Restoration and Enforcement Fund." 18. a. Whenever, on the basis of available information, the department finds that a person has violated any provision of P.L.1973, c.185 (C.13:19-1 et seq.), or any rule …

13:19-19. Applicability of act 19. The provisions of this act shall not be regarded as to be in derogation of any powers now existing and shall be regarded as supplemental and in addition to powers conferred by other laws, including the authority of the department to regulate wat…

13:19-2. Findings, declarations 2. The Legislature finds and declares that New Jersey's bays, harbors, sounds, wetlands, inlets, the tidal portions of fresh, saline or partially saline streams and tributaries and their adjoining upland fastland drainage area nets, channels, estua…

13:19-20. Construction of act This act shall be liberally construed to effectuate the purpose and intent thereof. L.1973, c. 185, s. 20.

13:19-21. Severability If any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be aff…

13:19-22. Short title 1. This act shall be known, and may be cited, as the "New Jersey Adopt a Beach Act." L.1992,c.213,s.1.

13:19-23. Findings, determinations 2. The Legislature finds and determines: a. The presence of debris, litter, floatable waste, and other refuse in the ocean waters has an adverse impact on the quality of those waters and on sea mammals and other marine life; b. Programs involvin…

13:19-24. Definitions 3. As used in this act: "Department" means the Department of Environmental Protection. "Program volunteer" means any group, organization, business, or individual who has adopted a section of beach or shore for cleanup in accordance with this act. L.1992,c.21…

13:19-25. Establishment of "Adopt a Beach" program 4. The department shall, within 180 days of the effective date of this act, establish an "Adopt a Beach" program. The purpose of the program shall be to utilize volunteer labor in a cooperative effort with State and local governm…

13:19-26. Duties of department 5. a. The department shall: (1) Develop a packet of information and instructions, and, within the limits of funds made available therefor, provide cleanup supplies, for use by program volunteers in cleaning up beaches and shores in accordance with t…

13:19-27. Notification to department; assignment of section of beach, shore 6. a. Any group, organization, business, or individual interested in adopting a section of beach or shore for cleanup in accordance with this act shall notify the department. Such notification may include…

13:19-28. Other cleanup activities permitted 7. Nothing in this act shall be construed to prohibit any person from cleaning up any section of beach or shore, regardless of whether or not it has been adopted for cleanup in accordance with this act. L.1992,c.213,s.7.

13:19-29. Immunity; waiver; volunteers not considered public employees 8. a. No department, agency, bureau, board, commission, authority, or other entity of the State, or of any county or municipality, and no employee thereof, shall be liable to any person for any injury or damag…

13:19-3 Definitions. 3. As used in this act: "Beach" means a gently sloping unvegetated area of sand or other unconsolidated material found on tidal shorelines, including ocean, inlet, bay and river shorelines, and that extends landward from the mean high water line to either: th…

13:19-30. Donations 9. Any person may donate to the department, or to a county or municipality, funds, supplies, or services for use in the "Adopt a Beach" program, and the department and any county or municipality are authorized to accept such donations. L.1992,c.213,s.9.

13:19-31. Findings, declarations, determinations 1. The Legislature finds and declares that the New Jersey shore is a valuable environmental and economic resource, and that every effort should be made to ensure the continued viability of the shoreline; that periodic storms threat…

13:19-32. DEP guidance document on federal aid, availability; "coastal municipality" defined 2. a. The Department of Environmental Protection shall prepare a guidance document which provides information to coastal municipalities on eligibility requirements for receiving federal m…

13:19-33 Transport, dumping of certain dredged materials in certain ocean sites prohibited. 1. a. The Department of Environmental Protection shall not permit or otherwise authorize the transport in State waters of dredged material for the purpose of placing or dumping of such mat…

13:19-34 Findings, declarations relative to coastal, ocean resources. 1. The Legislature finds and declares that: a. The quality of life and strength of the economy in New Jersey are challenged by persistent threats to the health and vitality of one of the State's most cherished …

13:19-35 "Ecosystem-based management" defined. 2. As used in this act, "ecosystem-based management" means an integrated approach to management that integrates biological, social, and economic factors into a comprehensive strategy aimed at protecting, restoring, and enhancing the …

13:19-36 New Jersey Coastal and Ocean Protection Council. 3. a. There is established in the Department of Environmental Protection the New Jersey Coastal and Ocean Protection Council. b. The council shall consist of nine members as follows: (1) the Commissioner of Environmental P…

13:19-37 Powers, duties, responsibilities of council. 4. a. The council shall have the following powers, duties, and responsibilities: (1) to request from the commissioner any information concerning ecosystem-based management as it may deem necessary; (2) to consider any matter r…

13:19-4. "Coastal area" defined 4. The "coastal area" shall consist of all that certain area lying between the line as hereinafter described and the line formed by the State's seaward (Raritan Bay and Atlantic Ocean) territorial jurisdiction on the east thereof, the State's baywa…

13:19-45 Notification by DEP to coastal municipalities relative to certain settlement discussions. 1. Whenever the Department of Environmental Protection enters into discussions in order to reach a settlement agreement with an owner of property containing dunes or other environme…

13:19-46 State Oceanographer. 1. a. The Governor shall, with the advice and consent of the Senate, appoint a State Oceanographer, who shall be a resident of the State with expertise in oceanography. The State Oceanographer shall serve for a term of five years, or until a successo…

13:19-47 Short title. 1. This act shall be known and may be cited as the "Shore Tourism and Ocean Protection from Offshore Oil and Gas Act" or "STOP Offshore Oil and Gas Act." L.2018, c.7, s.1.

13:19-48 Findings, declarations relative to offshore oil and natural gas exploration, development, and production. 2. The Legislature finds and declares that: a. The Jersey Shore is a vital component of New Jersey's annual $38 billion tourism industry; its 127-mile shoreline prov…

13:19-49 Certain offshore development, production prohibited. 3. a. Notwithstanding the provisions of any other law, rule, or regulation to the contrary: (1) offshore oil or natural gas exploration, development, and production shall be prohibited in State waters; and (2) no tidal…

13:19-5. Development permits required 5. A permit issued pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) shall be required for: a. A development located in the coastal area on any beach or dune; b. A development located in the coastal area between the mean high water line of any …

13:19-5.1. Issuance of general permit 6. Notwithstanding any other provision of law, rule or regulation to the contrary, the commissioner is authorized to issue a general permit in lieu of a permit issued pursuant to section 5 of P.L.1973, c.185 (C.13:19-5). The department shall …

13:19-5.2 Permits not required, conditions. 7. A permit shall not be required pursuant to section 5 of P.L.1973, c.185 (C.13:19-5) for: a. A development which has received preliminary site plan approval pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.…

13:19-5.3. Waiving of permit requirement 21. The commissioner may waive the permit requirement for development in the coastal area pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) for any development that involves the grading or excavation of a dune by a governmental agency if the…

13:19-5.4 Solar panels not included in certain calculations relative to coastal development. 4. Notwithstanding the provisions of any rule or regulation to the contrary, the department shall not include solar panels in any calculation of impervious surface or impervious cover tha…

13:19-50 Implementation of policies. 4. a. The Department of Environmental Protection shall implement the provisions of section 3 of this act through the enforceable policies of the State, including, but not limited to, any rules and regulations adopted pursuant to R.S.12:5-3. b.…

13:19-51 Review of proposed activity. 5. The Department of Environmental Protection shall review any proposed oil or natural gas lease, license, permit, or plan for exploration, development, or production of oil and natural gas in the Atlantic region of the exclusive economic zon…

13:19-6. Application for permit 6. Any person proposing to construct or cause to be constructed, or to undertake or cause to be undertaken, as the case may be, a development in the coastal area shall file an application for a permit, if so required pursuant to section 5 of P.L.19…

13:19-8. Declaration of completeness of application 8. a. Within 20 working days following receipt of an application, the commissioner shall issue a notification to the applicant in writing regarding its completeness. The commissioner may declare the application to be complete fo…

13:19-9. Hearing, comment period 9. a. The commissioner, or a member of the department designated by the commissioner, may hold a hearing to afford interested parties the opportunity to present, orally or in writing, their position concerning the filed application and any data th…