N.J. Admin. Code § 7:7-1.2
Current through Register Vol. 56, No. 8, April 15, 2024
(a) This chapter shall apply to actions and decisions by the Department, as described at (d) through (h) below, on uses and development of coastal resources within or affecting the coastal zone, which is described at (b) below.(b) This chapter shall apply geographically to the New Jersey coastal zone, which comprises: 2. Coastal waters, which are any tidal waters of the State and all lands lying thereunder. Coastal waters of the State of New Jersey extend from the mean high water line out to the three-geographical-mile limit of the New Jersey territorial sea, and elsewhere to the interstate boundaries of the States of New York, and Delaware and the Commonwealth of Pennsylvania, except as provided at (c) below;3. All lands outside of the CAFRA area extending from the mean high water line of a tidal water body to the first paved public road, railroad, or surveyable property line existing on September 26, 1980, generally parallel to the waterway, provided that the landward boundary of the upland area shall be no less than 100 feet and no more than 500 feet from the mean high water line;4. All areas containing tidal wetlands; and5. The Hackensack Meadowlands District as defined by 13:17-4.(c) In accordance with the decree of the United States Supreme Court in State of New Jersey v. State of Delaware, 552 U.S. 597, 623-24 (2008), the State of New Jersey may, under its laws, grant and thereafter exercise governing authority over ordinary and usual riparian rights for the construction, maintenance, and use of wharves and other riparian improvements appurtenant to the eastern shore of the Delaware River within the 12-mile circle and extending outshore of the low-water mark. The 12-mile circle is the circle the radius of which is 12 miles, and the center of which is the building used prior to 1881 as the courthouse at New Castle, Delaware, the arcs of which are as set forth in the decree of the United States Supreme Court in New Jersey v. Delaware, 295 U.S. 694 (1935). 1. The State of Delaware may, under its laws and subject to New Jersey's authority over riparian rights as stated at (c) above, exercise governing authority over the construction, maintenance, and use of those same wharves and other improvements appurtenant to the eastern shore of the Delaware River within the 12-mile circle and extending outshore of the low-water mark, to the extent that they exceed ordinary and usual riparian uses.(d) This chapter shall apply to all coastal permits.(e) This chapter shall apply to decisions on the consistency or compatibility of proposed actions by Federal, State, and local agencies within or affecting the coastal zone, including, but not limited to Federal consistency determinations, determinations of consistency or compatibility under the Federal Coastal Zone Management Act, comments on Draft and Final Environmental Impact Statements prepared under the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., and comments on other public and private plans, programs, projects, and policies. This chapter shall also apply to decisions on proposed activities that require a water quality certificate. Requests for water quality certificates shall also be reviewed in accordance with all applicable statutes and regulations administered by the Department including the Surface Water Quality Standards, N.J.A.C. 7:9B. 1. An activity requiring a Federal consistency determination may also require a coastal permit. In this instance, the coastal permit is the Federal consistency determination.2. An activity requiring a water quality certificate may also require a coastal permit. In this instance, the coastal permit will include the water quality certificate.3. A water quality certificate not issued in conjunction with a coastal permit shall be valid for five years from the date of issuance or for the duration of the underlying Federal permit (without renewals), whichever period is shorter.4. A Federal consistency determination or a water quality certificate issued in conjunction with an authorization under a coastal general permit-by-certification or a general permit shall be valid for the duration of that authorization.5. A Federal consistency determination issued in conjunction with an individual coastal permit shall be valid for the duration of that individual permit.(f) This chapter shall apply to State aid financial assistance decisions by the Department under the Shore Protection Program and Green Acres Program within the coastal zone, to the extent permissible under existing statutes and regulations.(g) This chapter shall apply, to the extent statutorily permissible, to Department management actions, including permit decisions, approvals, certifications, conveyances, and compliance activities, in or affecting the coastal zone.(h) This chapter shall provide the basic policy direction for planning actions undertaken by the Department in the coastal zone as the lead state agency for Coastal Management under Section 306 of the Federal Coastal Zone Management Act.N.J. Admin. Code § 7:7-1.2
Renumbered from 7:7E-1.2 by 47 N.J.R. 1392(a), effective 7/6/2015