N.J. Admin. Code § 7:7-12.23

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

Section 7:7-12.23 - Living shorelines

(a) Living shorelines are a shoreline management practice 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 is accomplished through the strategic placement of vegetation, sand, or other structural and organic materials.

(b) The establishment of a living shoreline to protect, restore, or enhance a habitat area is conditionally acceptable provided:

1. It is demonstrated that the project:

i. Is part of a plan for the restoration, creation, or enhancement of the habitat and water quality functions and values of wetlands, wetland buffers, and open water areas;

ii. Is consistent with the requirements of the Wetlands Act of 1970, the Coastal Area Facility Review Act, the Waterfront Development Law, and this chapter;

iii. Will improve or maintain the values and functions of the ecosystem; and

iv. Will have a reasonable likelihood of success, or, if performed by a college or university, will advance the level of knowledge regarding living shorelines in the State; and

2. The living shoreline complies with the following:

i. It disturbs the minimum amount of special areas, as defined at N.J.A.C. 7:7-9, necessary to successfully implement the project plan. The Department may approve a reduction in the size of a particular special area in order to allow an increase in a different special area if the Department determines that the activities causing the reduction are sufficiently environmentally beneficial to outweigh the negative environmental effects of the reduction; and

ii. It does not include placement of fill beyond the footprint of the shoreline as it appeared on the applicable Tidelands Map, except for a structural component of the project intended to reduce wave energy.

(c) The beneficial use of dredged material is acceptable in the establishment of a living shoreline provided the material complies with Appendix G.

(d) Rationale: New Jersey's coastal environment is dynamic, and shaped by natural forces such as wind, waves, and storms. Shorelines lost due to erosion eliminate intertidal habitat, reduce the amount of sandy beach, and decrease the amount of organic matter necessary to maintain tidal wetlands. This erosion results in the degradation of the coastal environment through impacts to natural habitats, such as tidal wetlands and spawning grounds. Coastal states are seeking natural solutions, such as the creation of living shorelines, to address the loss of vegetated shoreline habitat as an alternative that adds diversity to other shore protection measures. The establishment of living shorelines is conditionally acceptable provided the living shoreline activities disturb the minimum amount of special areas necessary to successfully implement the restoration, creation, enhancement, or protection of habitat, water quality functions, and values of waters of the State and waters of the United States. This may include a reduction in the size of a particular special area in order to allow an increase in a different special area where the Department determines that the activities causing the reduction are sufficiently environmentally beneficial to outweigh the negative environmental effects of the reduction.

The use of dredged material of appropriate grain size and chemical composition in the establishment of a living shoreline promotes the State's long-standing policy of treating dredged material as a resource.

N.J. Admin. Code § 7:7-12.23

Renumbered from 7:7E-4.23 by 47 N.J.R. 1392(a), effective 7/6/2015