N.J. Admin. Code § 7:7-1.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:7-1.1 - Purpose

(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, 13:19-1 et seq. (CAFRA permits), the Wetlands Act of 1970, 13:9A-1 et seq. (coastal wetlands permits), and the Waterfront Development Law, 12:5-3 (waterfront development permits). The rules are also used in the review of water quality certificates subject to Section 401 of the Federal Clean Water Act, 33 U.S.C. § 1341, and Federal consistency determinations under Section 307 of the Federal Coastal Zone Management Act, 16 U.S.C. § 1456. The rules also provide a basis for recommendations by the Program to the Tidelands Resource Council on applications for riparian grants, leases, and licenses.

(b) The Department interprets the "public health, safety, and welfare" clause in CAFRA (13:19-10.f) and the Wetlands Act of 1970 (13:9A-4.d) as providing for full consideration of the national interest in the wise use of coastal resources as required under the Federal Coastal Zone Management Act ( 16 U.S.C. §§ 1451 et seq.).

(c) Both the New Jersey Coastal Management Program and the Coastal Zone Management Rules are founded on the eight broad coastal goals described at (c)1 through 8 below. The coastal goals express results that the New Jersey Coastal Management Program strives to attain. Each goal is supplemented by related policies that set forth the means to realize that goal. The Coastal Zone Management Rules, including the coastal goals and policies set forth below, are enforceable policies of the New Jersey Coastal Management Program as approved under the Federal Coastal Zone Management Act ( 16 U.S.C. §§ 1451 et seq.). The New Jersey Coastal Management Program goals and supplemental policies are:

1. Healthy coastal ecosystems.

i. Protect, enhance and restore coastal habitats and their living resources to promote biodiversity, water quality, aesthetics, recreation and healthy coastal ecosystems; and

ii. Manage coastal activities to protect natural resources and the environment;

2. Effective management of ocean and estuarine resources.

i. Develop and implement management measures to attain sustainable recreational and commercial fisheries;

ii. Manage commercial uses to reduce conflict between users and encourage water-dependent uses; and

iii. Administer the safe and environmentally sound use of coastal waters and beaches to protect natural, cultural and aesthetic resources, promote safe navigation, and provide recreational opportunities;

3. Meaningful public access to and use of tidal waterways and their shores.

i. Preserve public trust rights to tidal waterways and their shores;

ii. Preserve and enhance views of the coastal landscape to enrich aesthetic and cultural values and vital communities;

iii. Conserve and increase safe, environmentally sound, and meaningful public access from both the land and water to the tidal waterways and their shores for recreation and aesthetic experiences;

iv. Enhance public access by promoting adequate affordable public facilities and services;

v. Balance diverse uses of tidal waterways and their shores; and

vi. Protect, enhance and promote waterfront parks;

4. Sustained and revitalized water-dependent uses.

i. Encourage, sustain and enhance active port and other water-dependent facilities, and maritime uses;

ii. Encourage the redevelopment of inactive and under-utilized waterfront facilities for port, water-dependent and maritime uses;

iii. Conserve waterfront sites for water-dependent activities; and

iv. Manage dredging in an environmentally sound manner, promote environmentally sound and economically feasible dredged material management practices and preserve historic dredged material placement sites;

5. Coastal open space.

i. Preserve, enhance and restore open space including natural, scenic, historic and ecologically important landscapes that:

(1) Provide opportunities for passive and active recreation;

(2) Protect valuable wildlife and plant habitats and ecosystem health, foster aesthetic and cultural values;

(3) Minimize natural hazards; and

(4) Abate impacts from nonpoint sources of pollution;

ii. Promote and enhance public access to and use of open space where appropriate; and

iii. Promote strategies for the creation of open space;

6. Safe, healthy and well-planned coastal communities and regions.

i. Manage coastal activities and foster well-planned communities and regions that:

(1) Encourage mixed-use redevelopment of distressed waterfront communities including underutilized, abandoned and contaminated sites;

(2) Promote concentrated patterns of development;

(3) Ensure the availability of suitable waterfront areas for water dependent activities;

(4) Sustain coastal economies;

(5) Create vibrant coastal communities and waterfronts;

(6) Conserve water supply;

(7) Protect the natural environment;

(8) Minimize the threat of natural hazards to life and property;

(9) Provide meaningful public access to tidal waterways and their shores; and

(10) Preserve and restore significant historic and cultural resources and aesthetic coastal features;

ii. Maintain, enhance and encourage maritime uses;

iii. Preserve and enhance beach and dune systems and wetlands, and manage natural features to protect the public from natural hazards;

iv. Promote public health, safety and welfare;

v. Promote and implement strategies for the development of hazard mitigation plans; and

vi. Promote and implement strategies that eliminate or reduce risks to human health and the ecosystem from coastal activities;

7. Coordinated coastal decision-making, comprehensive planning and research.

i. Promote the attainment of the New Jersey Coastal Management Program goals by encouraging other government agencies to employ the policies which supplement the goals;

ii. Encourage incorporation of the coastal goals and supplemental policies into State, regional and municipal land use management, funding and acquisition programs within the coastal zone;

iii. Coordinate cooperative government sponsored and academic coastal research and information dissemination to foster informed decision-making;

iv. Ensure opportunities for public participation in coastal decision-making;

v. Encourage the preparation of comprehensive plans, including:

(1) Land acquisition plans that further the goals and supplemental policies of New Jersey's Coastal Management Program; and

(2) Special area management plans that protect significant natural resources and provide the opportunity for sound coastal dependent economic development; and

8. Coordinated public education and outreach.

i. Coordinate education and outreach activities on coastal issues; and

ii. Encourage coastal related education and participation opportunities for the public.

(d) The coastal land and water areas of New Jersey are diverse. The Coastal Zone Management rules address a wide range of land and water types (locations), current and potential land and water uses, and natural, cultural, social and economic resources in the coastal zone. In developing these rules, balances were struck among various conflicting, competing, and contradictory local, State, and national interests in coastal resources and in uses of coastal locations. This balancing and conflict-reducing approach reflects that coastal management involves consideration of a broad range of concerns in contrast to other resource management programs which are more limited in scope.

(e) The location rules ( N.J.A.C. 7:7-9 through 14), use rules (N.J.A.C. 7:7-15 ), and resource rules (N.J.A.C. 7:7-16 ) stem from the coastal goals at (c) above. The Department does not expect each proposed use of coastal resources to involve all location rules, use rules, and resource rules. Decision-making on proposed actions involves examining, weighing, and evaluating complex interests using the framework provided by this chapter. The Coastal Zone Management Rules provide a mechanism for integrating professional judgment by Department officials, as well as recommendations and comments by applicants, public agencies, specific interest groups, corporations, and citizens into the coastal decision-making process. In this process, interpretations of terms, such as "prudent," "feasible," "minimal," "practicable," and "maximum extent," as used in a rule or a combination of rules, may vary depending upon the context of the proposed use, location, and design.

N.J. Admin. Code § 7:7-1.1

Renumbered from 7:7E-1.1 by 47 N.J.R. 1392(a), effective 7/6/2015