N.J. Admin. Code § 7:7-12.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:7-12.1 - Purpose and scope

(a) General water areas are all water areas which are located below either the spring high water line or the normal water level of non-tidal waters. General water areas are subject to this subchapter and to special area rules.

(b) General water areas are divided by volume and flushing rate into eight categories as described below:

1. "Atlantic Ocean" includes the area of the Atlantic Ocean that extends out to the three geographical mile limit of the New Jersey territorial sea and is bounded by the boundaries of New York and Delaware.

2. "Lakes, ponds and reservoirs" are relatively small water bodies with no tidal influence or salinity. Many are groundwater fed, while others serve as surface aquifer recharge areas. Lakes that are the result of former mining operations are not included in this definition, but are defined at 7:7-9.14, Wet borrow pits.

3. "Large rivers" are waterways with watersheds greater than 1,000 square miles. Large Rivers are limited to the Delaware, Hudson and Raritan Rivers.

i. The Delaware River is a tidal river from the Bridge Street Bridge in Trenton to its mouth at Delaware Bay, defined as a line between Alder Cover, Lower Alloways Creek Township and the Delaware River Basin Commission River and Bay Memorial at Liston Point, Delaware.

ii. The Hudson River is a tidal river from the New York State Line to its mouth at Upper New York Bay at the Morris Canal, Jersey City.

iii. The Raritan River is a tidal river from a point approximately 1.1 miles upstream from the Landing Lane Bridge between Piscataway and Franklin Townships to its mouth at Raritan Bay and the Arthur Kill.

4. "Man-made harbors" are semi-enclosed or protected water areas which have been developed for boat mooring or docking.

5. "Medium rivers, creeks, and streams" are rivers, streams, and creeks with a watershed of less than 1,000 square miles. This definition includes waterways such as the Hackensack, Passaic, Oldmans, Big Timber, Pennsauken, Navesink, Manasquan, Toms, Wading, Mullica, Great Egg, Maurice, Cohansey, Salem, and Rancocas.

6. "Open bays" are large, semi-confined estuaries with a wide unrestricted inlet to the ocean and with a major river mouth discharging directly into the upper portion. Open bays are limited to the Delaware Bay, Raritan Bay, Sandy Hook Bay, and Upper New York Bay.

7. "Semi-enclosed and back bays" are a partially confined estuary with direct inlet connection and some inflow of freshwater. Semi-enclosed bays differ from back bays in depth, degree of restriction of inlet and level of freshwater flow.

8. "Tidal guts" are the waterway connections between two estuarine bodies of water. Also known as thorofares or canals, tidal guts control the mix of salt and freshwater. Examples include the Arthur Kill and Kill Van Kull.

(c)7:7-12.2 through 12.24 set forth the requirements for specific types of development within general water areas as defined at (a) above. In many cases an area already identified as a special area will also fall within the definition of a general area. In these cases, both general and special area rules apply. In case of conflict between general and special area rules, the more specific special area rules shall apply.

N.J. Admin. Code § 7:7-12.1

Renumbered from 7:7E-4.1 by 47 N.J.R. 1392(a), effective 7/6/2015