N.J. Admin. Code § 7:7-12.19

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

Section 7:7-12.19 - Realignment of water areas

(a) Realignment of water areas means the physical alteration or relocation of the surface configuration of any water area. This does not include the rebulkheading of a previously bulkheaded water area or the bulkheading at or above the spring high water line.

(b) Realignment of naturally occurring water areas is discouraged. Discouraged uses can only be approved if it can be demonstrated that the proposed development is in the public interest and mitigation for the impact is provided.

(c) Realignment of previously realigned water areas is conditionally acceptable, provided:

1. It is demonstrated that no adverse environmental impacts (that is, water quality, flood hazard, species diversity reduction/alteration) will result; and

2. A net recreational/ecological benefit will demonstrably accrue.

(d) Rationale: Realignment of water areas normally reduces shallow water habitat, decreases water's edge vegetation, and can increase water flow with consequent increases in flooding and erosion. However, a previously realigned water area can be further realigned to enhance its environmental productivity and flood carrying capacity.

N.J. Admin. Code § 7:7-12.19

Renumbered from 7:7E-4.18 by 47 N.J.R. 1392(a), effective 7/6/2015