N.J. Admin. Code § 7:7-12.5

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

Section 7:7-12.5 - Recreational docks and piers

(a) Recreational and fishing docks and piers are structures supported on pilings driven into the bottom substrate, or floating on the water surface or cantilevered over the water, which are used for recreational fishing or for the mooring of boats or jet skis used for recreation or fishing, except for commercial fishing, and house boats.

(b) Recreational docks and piers, including jet ski ramps, and mooring piles, are conditionally acceptable provided:

1. There is a demonstrated need that cannot be satisfied by existing facilities;

2. The construction minimizes adverse environmental impact to the maximum extent feasible;

3. The docks and piers and their associated mooring piles are located so as to not conflict with overhead transmission lines;

4. There is minimum feasible interruption of natural water flow patterns;

5. If the dock, pier, or boat mooring is associated with a lot that has frontage on both a man-made lagoon and a natural waterway, the dock, pier, or boat mooring shall be located on the man-made lagoon, unless locating the dock, pier, or boat mooring on the lagoon would not otherwise comply with this section or any other provisions of this chapter;

6. Space between horizontal planking is maximized and width of horizontal planking is minimized to the maximum extent practicable. Under normal circumstances, a minimum of 3/8 inch, 1/2 inch, 3/4 inch, or one inch space is to be provided for four inch, six inch, eight to 10 inch, or 12 inch plus wide planks, respectively. The Department may consider an alternative dock design that allows sunlight penetration equal or greater than that allowed by the spacing of planking described in this paragraph. Alternative designs include, for example, grate decking that is constructed of metal, wood, aluminum, or other similar materials that allow sunlight penetration through the grates within the dock or pier;

7. The width of the structure shall not exceed twice the clearance between the structure and the surface of the ground below or the water surface at mean high tide (measured from the bottom of the stringers), except for floating docks whose width shall not exceed eight feet. Under typical circumstances, the maximum width of the structure shall be eight feet over water and six feet over wetlands and intertidal flats, except as noted at (b)7iii below. For the purposes of this section, an intertidal flat is a low lying strip of land along a shoreline located between spring high and spring low tides. The height of the structure over wetlands shall be a minimum of four feet regardless of width;

i. A minimum of eight feet of open water shall be provided between any docks if the combined width of the docks over the water exceeds eight feet;

ii. Construction and placement of the dock shall be a minimum of four feet from all property lines, for docks which are perpendicular to the adjacent bulkhead or shoreline; and

iii. In man-made lagoons only, the maximum width of the structure shall be eight feet over water and six feet over wetlands; The height of the structure over wetlands shall be a minimum of four feet;

8. In man-made lagoons only, the structure extends no more than 20 percent of the width of the lagoon from bank to bank;

9. The proposed structure and associated mooring piles do not hinder navigation or access to adjacent water areas. A hazard to navigation will apply to all potential impediments to navigation, including access to adjacent moorings, water areas and docks and piers; and

10. Photocell lights and reflectors shall be placed along the dock and on mooring piles starting from a point that is 50 feet outshore of the mean high water line to the end of the dock at 10-foot intervals. The lights shall be installed and operational within 72 hours of completion of construction.

(c) The construction of recreational docks and piers within areas designated by the Department as shellfish habitat shall comply with the standards specified under the shellfish habitat rule, 7:7-9.2.

(d) The construction of recreational docks and piers within submerged vegetation areas shall comply with the standards specified under the submerged vegetation rule, 7:7-9.6.

(e) For sites which have existing dock or pier structures exceeding eight feet in width over water areas and/or wetlands, which were constructed prior to September 1978 and for which the applicant proposes to increase the coverage over the water area or wetland by relocating or increasing the number or size of docks or piers, the existing oversized structures must be reduced to a maximum of eight feet in width over water areas and six feet in width over wetlands and intertidal flats. All structures proposed as part of an expansion must comply with all of the applicable rules of this chapter.

(f) The construction of covered or enclosed structures such as gazebos or sheds located on or above the decking of recreational docks and piers is prohibited except on public piers owned and controlled by a public agency.

(g) Rationale: Docks and piers constructed through filling would permanently destroy most ecological value of the area filled and are consequently discouraged. Docks and piers constructed in water with insufficient water depth causes increased turbidity resulting in an adverse impact to special areas and water quality. Docks and piers that maximize sunlight penetration into the water and onto the bottom allow the continuation of photosynthesis by plants underneath the structure. "Spaced planking helps protect loosening of boards during high water levels and wave slap from underneath. In cases where it is demonstrated that the width of the dock must exceed eight feet (for example, fishing piers), the dock or pier shall be sized so as to accommodate anticipated use, while minimizing impacts to special areas by reducing the width of the structure over intertidal and subtidal shallows and wetlands, and by increasing the height of the structure over these special areas consistent with the requirements for public safety.

Docks and piers built on pilings will undergo ice heaving, frequently leading to structural damage, during thick ice conditions in areas with significant tidal action. Normal length pilings need to be resunk annually due to ice raising unless some type of water circulation system is installed or ice is broken up daily. Floating docks need to be removed before winter and bottom floatation needs to be serviced annually. Cantilevered docks at a height above winter ice and tidal action levels do not have these problems but have limits in load bearing capacity and must be fastened to a bulkhead.

Jet skis have been gaining popularity among New Jersey's boating public. Jet ski ramps which can accommodate the "dry" docking of these vehicles can be designed to satisfy the needs of the public while minimizing adverse impacts to the environment.

N.J. Admin. Code § 7:7-12.5

Renumbered from 7:7E-4.5 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018