N.J. Admin. Code § 7:7-2.4

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

Section 7:7-2.4 - Waterfront development

(a) The waterfront area regulated under this chapter varies in width in accordance with the following:

1. Within any part of the Hackensack Meadowlands District delineated at 13:17-4, the area regulated by this section shall include any tidal waterway of this State and all lands lying thereunder, up to and including the mean high water line.

2. Within the CAFRA area, the regulated waterfront area shall include any tidal waterway of this State and all lands lying thereunder, up to and including the mean high water line.

3. In those areas of the State outside both the CAFRA area and outside of the Hackensack Meadowlands District, the regulated waterfront area shall include:

i. All tidal waterways and lands lying thereunder, up to and including the mean high water line; and

ii. Adjacent upland areas within 100 feet of the mean high water line. For properties within 100 feet of the mean high water line that extend inland beyond 100 feet from the mean high water line, the regulated waterfront area shall extend inland to the lesser of the following distances:

(1) 500 feet from the mean high water line; or

(2) To the first paved public road, railroad, or surveyable property line that:

(A) Existed on September 26, 1980; and

(B) Generally parallels the waterway.

4. In the 12-mile circle as described at 7:7-1.2(c), the regulated waterfront area shall include the area within the circle and extending outshore of the low-water mark of the Delaware River consistent 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 area landward of the boundary of the 12-mile circle is regulated waterfront area as set forth at (a)2 and 3 above.

(b) This chapter shall apply to all man-made waterways and lagoons subject to tidal influence.

(c) The development activities at (c)1 through 4 below will require a permit in that portion of the waterfront area at or waterward of the mean high water line. In accordance with 7:7-1.2(c), within the 12-mile circle, these development activities require a permit if the development activity affects New Jersey's riparian rights. Development activities that affect New Jersey's riparian rights include, but are not limited to, the construction, maintenance, and use of wharves and other riparian improvements appurtenant to the eastern shore of the Delaware River that extend outshore of the mean low water line or will help to maintain access from the navigable water to such improvement.

1. The removal or deposition of sub-aqueous materials (for example, dredging or filling).

2. The construction or alteration of a dock (fixed or floating), wharf, pier (including covered or enclosed structures such as gazebos or sheds located on or above the decking of the dock, wharf or pier), bulkhead, breakwater, groin, jetty, seawall, bridge, piling, boat lift, mooring dolphin, pipeline, cable, or other similar structure.

3. The mooring of a floating home for more than 10 consecutive days. Floating homes in use within the waters of this State prior to June 1, 1984, shall not require a permit.

4. The installation of temporary aids to navigation by any person, if they remain in place for more than 10 consecutive days.

(d) A permit shall be required for the construction, reconstruction, alteration, expansion, or enlargement of any structure, or for the excavation or filling of any area, any portion of which is in the waterfront area as defined in (a) above, with the exceptions listed below:

1. In the waterfront area defined in (a)3 above, the construction, alteration, expansion or reconstruction of an individual single family dwelling unit or addition to such unit, if constructed more than 100 feet landward of the mean high water line;

2. In the waterfront area defined in (a)3 above, the reconstruction, conversion, alteration or enlargement of any existing structure located more than 100 feet landward of the mean high water line, provided that no change in land use results, and that enlargements do not exceed 5,000 square feet;

3. In the waterfront area defined in (a)3 above, minor additions to or changes in existing structures or manufacturing operations that do not result in adverse environmental impacts to special areas defined at N.J.A.C. 7:7-9, provided the addition is located in an existing cleared area of the site, and is set back a minimum of 15 feet landward of the mean high water line, where such changes or additions do not result in a change in the present land use of the site;

4. In the waterfront area defined in (a)3 above, the installation of a wind turbine(s) provided the wind turbine(s) is:

i. On or structurally attached to a legally existing building;

ii. Less than 200 feet in height, measured from the ground surface to the tip of the blade at its highest position;

iii. No greater than 2,000 square feet in cumulative rotor swept area; and

iv. Any portion of the tower of the wind turbine more than 100 feet above the ground surface is a freestanding monopole;

5. In the waterfront area defined in (a)3 above, the installation of solar panels provided the solar panels are:

i. On or structurally attached to a legally existing building;

ii. On or structurally attached to a utility pole (electric, telephone, cable and lighting) within a maintained utility right-of-way or on or structurally attached to a parking lot light pole;

iii. On legally existing impervious cover provided the solar panels are not located within a floodway; or

iv. On a sanitary landfill provided the solar panel is authorized under a solid waste landfill closure and post-closure plan or disruption approval issued by the Department pursuant to N.J.A.C. 7:26-2A.8 or 2A.9;

6. The repair, replacement, renovation, or reconstruction, in the same location and size, as determined in accordance with (d)6i and ii below of the preexisting structure, of any dock, wharf, pier, bulkhead, or building, legally existing prior to January 1, 1981, that appears on the applicable Tidelands Map or that appears on the applicable coastal wetlands map identified pursuant to 7:7-2.3(c) and chapter Appendix D or that received a waterfront development permit subsequent to the date of the Tidelands Map or coastal wetlands map, as applicable, provided that the repair, replacement, renovation, or reconstruction is in the same location as the preexisting structure, and does not increase the size of the structure and the structure is used solely for residential purposes or for the docking of or servicing of pleasure vessels.

i. The size of a dock or pier over wetlands, a low-profile bulkhead where the top of the bulkhead is constructed at an elevation below the spring high water line, or a building over wetlands or water shall be measured in three dimensions, that is, length, width, and height; and

ii. The size of any dock, wharf, pier, or bulkhead, or building not identified at (d)6i above shall be measured in two dimensions, that is, length and width;

7. The repair, replacement, renovation, or reconstruction, in the same location and size, as measured in two dimensions, that is, length and width, of the preexisting structure, of any floating dock, mooring raft, or similar temporary or seasonal improvement or structure, legally existing prior to January 1, 1981, that appears on the applicable Tidelands Map, or that appears on the applicable coastal wetlands map identified pursuant to 7:7-2.3(c) and chapter Appendix D, or that received a waterfront development permit subsequent to the date of the Tidelands Map or coastal wetlands map, as applicable, provided that the repair, replacement, renovation, or reconstruction is in the same location and size as the preexisting structure, and does not exceed in length the waterfront frontage of the parcel of real property to which it is attached and is used solely for the docking of servicing of pleasure vessels; and

8. The redecking and replacement of bridge surfaces provided there is no change in width, length or height.

(e) Those portions of a dock or pier proposed to be constructed landward of the mean high water line and in the coastal zone may be subject to the permits-by-rule at 7:7-4.4 and 4.5.

(f) Development that is exempt from the Waterfront Development Law requires no certification or approval from the Department, except as may be required by other programs administered by the Department. Any person who wishes may request from the Department a written determination of a development's exemption from the requirements of this chapter.

1. For a written determination of exemption pursuant to (d)1 and 2 above, the following shall be submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The general site location of the development, which shall be identified on a county or local road map or an insert from a USGS quad map;

iv. The fee specified at 7:7-25.1; and

v. A site plan depicting the following:

(1) The location of the proposed construction, reconstruction, alteration, conversion expansion, or enlargement; and

(2) The location of the mean high water line.

2. For a written determination of exemption pursuant to (d)3 above, the following shall be submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The general site location of the development, which shall be identified on a county or local road map or an insert from a USGS quad map;

iv. The fee specified at 7:7-25.1; and

v. A site plan depicting the following:

(1) The location of the proposed construction, reconstruction, alteration, conversion expansion, or enlargement;

(2) The location of the mean high water line; and

(3) The limits of all special areas as defined at N.J.A.C. 7:7-9.

3. For a written determination of exemption pursuant to (d)4 above, the following shall be submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The fee specified at 7:7-25.1;

iv. The total height and rotor swept area of the proposed wind turbine(s); and

v. A site plan depicting the following:

(1) The location of the proposed wind turbine(s);

(2) The height of the wind turbine(s) in relation to the ground surface elevation; and

(3) Details of the wind turbine monopole.

4. For a written determination of exemption pursuant to (d)5 above, the following shall be submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The fee specified at 7:7-25.1;

iv. A site plan depicting the following:

(1) The location of the proposed solar panels; and

(2) The floodway, if appropriate; and

v. If located on a sanitary landfill, a copy of the Closure and Post-Closure Care Plan or modified plan as approved by the Department in accordance with the Solid Waste Management rules at N.J.A.C. 7:26.

5. For a written determination of exemption pursuant to (d)6 and 7 above, the following shall be submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The fee specified at 7:7-25.1;

iv. A copy of the Tidelands instrument (grant, lease or license);

v. If applicable, a copy of any previous waterfront development permit issued for the structures to be replaced, renovated or reconstructed;

vi. A copy of the applicable portion of the Tidelands Map or coastal wetlands map showing the location and dimensions of the structures to be replaced, renovated, or reconstructed;

vii. Photograph(s) of the existing structures labeled as to orientation;

viii. The general site location of the development, which shall be identified on a county or local road map or an insert from a USGS quad map; and

ix. A site plan showing the location and dimensions of the structures to be replaced, renovated, or reconstructed.

6. For a written determination of exemption pursuant to (d)8 above, the following shall be submitted:

i. A completed application form described at N.J.A.C. 7:7-27.3(c)1 and available from the Department at the address set forth at N.J.A.C. 7:7-1.6;

ii. A written description of the proposed development;

iii. The fee specified at 7:7-25.1; and

iv. A site plan depicting the location of the existing and proposed bridge surface to be redecked.

(g) A waterfront development permit is required for the filling of any lands formerly flowed by the tide, if any filling took place after 1914 without the issuance of a tidelands instrument by the Department of Environmental Protection and Tidelands Resource Council or their predecessor agencies, even where such lands extend beyond the landward boundary of the upland area defined in (a)3 above, or up to and including the mean high water line in the areas defined in (a)1 and 2 above.

1. A Waterfront Development permit application submitted under this subsection must be submitted in conjunction with an application for a tidelands instrument.

(h) A waterfront development permit shall not be required for any development or activity in the upland area defined in (a)3 above and in manmade waterways and lagoons for which on-site construction, excluding site preparation, was in progress on or prior to September 26, 1980. For the purpose of this section, "construction, excluding site preparation" does not include clearing vegetation, bringing construction materials to the site, site grading or other earth work associated with preparing a site for construction or structures. For the purposes of this section, "construction, excluding site preparation" does encompass improvements which include, but are not limited to, paved roads, curbs, and storm drains.

1. Any person who believes that a proposed development is exempt from the requirements of this subchapter due to on-site construction may request in writing a determination of exemption from the Department in accordance with (g)2 below.

2. Exemptions shall be applied for and considered upon submission of information sufficient for the Department to determine that the physical work specified in (g)1 above necessary to begin the construction of the proposed development, was actually performed prior to September 26, 1980 in the area defined in (a)3 above.

i. Any lapse in construction activity of more than one year may be cause for denial of an exemption request, or where previously exempted, it may be cause for revocation of such exemption, by the Department.

ii. A finding that a proposed development is exempt from the requirements of this subchapter shall apply only to the development as conceived and designed prior to September 26, 1980. Any modification which expands or substantially changes the exempted development shall require a permit.

N.J. Admin. Code § 7:7-2.4

Renumbered from 7:7-2.3 by 47 N.J.R. 1392(a), effective 7/6/2015

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

Amended by 53 N.J.R. 514(b), effective 4/5/2021