N.J. Admin. Code § 7:7-15.11

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:7-15.11 - Coastal engineering

(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, sand fences, pedestrian crossing of dunes, stabilization of dunes, dune restoration projects, dredged material management, living shorelines, and the construction of retaining structures such as bulkheads, gabions, revetments, and seawalls are all examples of coastal engineering measures.

(b) Nonstructural, hybrid, and structural shore protection and/or storm damage reduction measures shall be used according to the following hierarchy:

1. Non-structural shore protection and/or storm damage reduction measures that allow for the growth of vegetation shall be used unless it is demonstrated that use of non-structural measures is not feasible or practicable. Factors considered in determining whether use of a non-structural measure is feasible include the type of waterway on which the site is located, the distance to the navigation channel, the width of waterway, water depth at the toe of bank, the bank orientation, shoreline slope, fetch, erosion rate, the amount of sunlight the site receives, substrate composition, and presence of shellfish habitat, submerged vegetation, and wetlands at the site. For guidance on measures that may be appropriate depending upon factors impacting a site, see Guidance for Appropriate Shoreline Protection and/or Storm Damage Reduction Measures for a Site available from the Division of Land Use Regulation's website at http://www.nj.gov/dep/landuse/guidance.html. This guidance follows N.J.S.A 52:14B-3a and does not impose any new or added requirements nor can it be used for enforcement purposes.

2. Where the use of non-structural shore protection and/or storm damage reduction measures under (b)1 above is demonstrated to be not feasible or practicable, then hybrid shore protection and/or storm damage reduction measures that allow for the growth of vegetation, such as stone, rip-rap, sloped concrete articulated blocks or similar structures, or gabion revetments, shall be used. Factors considered in determining whether use of a non-structural measure is feasible include the type of waterway on which the site is located, the distance to the navigation channel, the width of waterway, water depth at the toe of bank, the bank orientation, shoreline slope, fetch, erosion rate, the amount of sunlight the site receives, substrate composition, and presence of shellfish habitat.

3. Where the use of hybrid shore protection and/or storm damage reduction measures under (b)2 above is demonstrated to be not feasible or practicable, then structural shore protection and/or storm damage reduction measures such as bulkheads, revetments, sea walls, or other retaining structures shall be used. Factors considered in determining whether use of a hybrid shore protection measure is feasible include the type of waterway on which the site is located, the distance to the navigation channel, the width of waterway, water depth at the toe of bank, the bank orientation, shoreline slope, fetch, erosion rate, the amount of sunlight the site receives, substrate composition, and presence of shellfish habitat.

(c) The hierarchy set forth at (b) above does not apply to water dependent uses within existing ports.

(d) The construction, maintenance, or reconstruction of a bulkhead shall comply with the following:

1. A bulkhead that is subject to wave runup forces, specifically, a bulkhead in a V zone as described at 7:7-9.18, shall be designed and certified by a professional engineer to withstand the forces of wave runup. The use of rip-rap along the seaward toe of the bulkhead structure may be required on a case-by-case basis as a means to limit the scour potential;

2. Maintenance or reconstruction of an existing bulkhead is conditionally acceptable provided that it meets (d)2i, ii, or iii below. All measurements specified below shall be made from the waterward face of the original bulkhead alignment of the existing bulkhead to the waterward face of the replacement bulkhead.

i. The replacement bulkhead is located within 18 inches outshore of the existing bulkhead, except in accordance with (d)2ii or iii below;

ii. The replacement bulkhead is located no more than 24 inches outshore of the existing bulkhead when the replacement bulkhead is constructed of a corrugated material, and the replacement bulkhead is located as close as possible to the face of the existing bulkhead; or

iii. Maintenance or reconstruction of an existing bulkhead that does not meet (d)2i or ii above shall be considered new construction, unless it can be demonstrated that the existing bulkhead cannot physically accommodate a replacement in accordance with (d)2i or ii above. In that case, the replacement bulkhead shall be as close as physically possible to the original bulkhead alignment.

(e) Dune restoration, creation, and maintenance projects as non-structural shore protection and/or storm damage reduction measures, are encouraged. These projects, including sand fencing, revegetation, additions of non-toxic appropriately sized material, and measures to control pedestrian and vehicular traffic, shall comply with N.J.A.C. 7:7-10, Standards for Beach and Dune Activities.

(f) Beach nourishment projects as non-structural shore protection and/or storm damage reduction measures are encouraged, provided:

1. The particle size and type of the fill material is compatible with the existing beach material to ensure that the new material will not be removed to a greater extent than the existing material would be by normal tidal fluctuations;

2. The elevation, width, slope, and form of the proposed beach nourishment projects are compatible with the characteristics of the existing beach;

3. The sediment deposition will not cause unacceptable shoaling in downdrift inlets and navigation channels;

4. Public access to the nourished beach is provided in accordance with the lands and waters subject to the public trust rights rule, N.J.A.C. 7:7-9.48, and the public access rule, 7:7-16.9.

(g) Structural shore protection and/or storm damage reduction measures that are conducted using monies from the Shore Protection Fund established by N.J.S.A. 13:19-16 and/or any other Department monies shall comply with (g)1 and 2 below.

1. The construction of new shore protection structures or expansion or fortification of existing shore protection structures, including, but not limited to, jetties, groins, seawalls, bulkheads, gabions, and other retaining structures to retard longshore transport and/or to prevent tidal waters from reaching erodible material, is acceptable only if the structure meets all of the following conditions:

i. The structure is essential to protect water dependent uses or heavily used public recreation beach areas in danger from tidal waters or erosion, or the structure is essential to protect existing structures and infrastructure in developed shorefront areas threatened by erosion, or the structure, for example, a retained earthen berm, is essential to mitigate the projected erosion in an erosion hazard area along a headland and provide erosion protection for a development that is otherwise acceptable under this chapter;

ii. The structure will not cause significant adverse impacts on local shoreline sand supply;

iii. The structure will not create net adverse shoreline sand movement downdrift, including erosion or shoaling;

iv. The structure will cause minimum feasible adverse impact to living marine and estuarine resources;

v. The structure is consistent with the State's Shore Protection Master Plan; and

vi. If the proposed project requires filling of a water area, the filling is consistent with the filling rule, 7:7-12.11, and all other applicable rules in this chapter; and

2. Public access to the shore protection project shall be provided in accordance with the lands and waters subject to public trust rights rule, 7:7-9.48 and the public access rule, 7:7-16.9.

(h) Rationale: New Jersey's coastal environment is dynamic, and shaped by natural forces such as wind, waves, and storms. To manage the effects of these forces on development, water areas, and the shoreline, non-structural and structural shoreline stabilization measures and shore protection and storm damage reduction measures are employed. These measures, collectively known as coastal engineering, include living shorelines, rip-rap and gabion hybrid structures, bulkheads, revetments, seawalls, and dune restoration and beach nourishment projects.

Vegetated or living shorelines are a shore protection and/or storm damage reduction measure 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 measure provides "living space" for organisms through the strategic placement of plants, sand or other structural and organic materials.

Structural solutions as shore protection and storm damage reduction measures are appropriate and essential at certain locations, given the existing pattern of urbanization of New Jersey's shoreline. However, the creation, repair, or removal of publicly-funded shore protection structures must serve clear and broad public purposes and must be undertaken only with a clear understanding, on a regional basis, of the consequences to natural shoreline sand systems.

As documented by the Department, the Federal Emergency Management Agency and others, dunes have proven to be very effective in providing protection from coastal storm surges, wave action and flooding. Dunes have been shown to reduce the level of storm damage particularly to boardwalks, gazebos, and residential oceanfront structures. Creation, restoration, enhancement, and maintenance of dunes are, therefore, encouraged.

New Jersey's unique geography places the State in the potential path of hurricanes, tropical storms, and nor'easters. Healthy beaches provide mitigation from these natural disasters by acting as a buffer between the ocean or bay and the homes, businesses, and infrastructure along the coast. Beach nourishment projects consist of the initial placement of sand along a beach that has experienced erosion. Beach nourishment depends upon adequate quantity and suitable quality of beach nourishment material; otherwise the material may quickly return to the ocean or bay. Sources of sand for such projects can include a local source such as from a neighboring beach or sandbar, a dredged source such as a nearby inlet or waterway, an inland source such as a mining quarry, or, as used most commonly in large-scale projects, an offshore source such as a borrow site along the ocean bottom. This sand can be brought in with trucks or barges, hydraulically pumped or any combination of the above, and is then spread evenly along the beach using a common bulldozer. This completes the initial beach nourishment phase. As nourished beaches undergo erosion, they must be maintained through beach re-nourishment.

The Public Trust Doctrine requires that access be provided to publicly funded shore protection structures and that such structures not impede public access.

The New Jersey Supreme Court in Borough of Neptune v. Avon-by-The-Sea, 61 N.J. 296 (1972) held that:

"...at least where the upland sand area is owned by a municipality - a political subdivision and creature of the state -and dedicated to public beach purposes, a modern court must take the view that the Public Trust Doctrine dictates that the beach and ocean waters must be open to all on equal terms and without preference and that any contrary state or municipal action is impermissible." (61 N.J. at 308-309).

Shore protection structures, when located on wet sand beaches, tidally flowed, or formerly tidally flowed lands, are subject to the Public Trust Doctrine. Once built, most publicly funded shore protection structures become municipal property and are, therefore, subject to the Public Trust Doctrine in the same manner as municipally owned dry beaches.

N.J. Admin. Code § 7:7-15.11

Renumbered from 7:7E-7.11 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018

Administrative Change, 51 N.J.R. 1193(a).