N.J. Admin. Code § 7:7-4.14

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:7-4.14 - Permit-by-rule 14 - reconfiguration of any legally existing dock, wharf, or pier at a legally existing marina

(a) This permit-by-rule authorizes the reconfiguration of any legally existing dock, wharf, or pier, including pilings, located at a legally existing marina, provided the marina is not located within shellfish habitat, submerged vegetation habitat, or a wetland.

(b) Activities that qualify for this permit-by-rule also qualify for a water quality certificate pursuant to Section 401 of the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq.

(c) The proposed reconfiguration shall:

1. Not extend outside of the area covered by an existing Tidelands instrument;

2. Not result in an increase in the number of boat slips;

3. Not hinder navigation;

4. Not increase the total linear footage of docks or piers within the marina;

5. Minimize the water area covered by structures by:

i. Providing a minimum of eight feet of open water between any docks if the combined width of the docks over water exceeds eight feet; and

ii. 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 relocate, 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; and

6. Provide a minimum of four feet from all property lines, for docks which are perpendicular to the adjacent bulkhead or shoreline.

N.J. Admin. Code § 7:7-4.14

Renumbered from 7:7-7.2(a)(15) by 47 N.J.R. 1392(a), effective 7/6/2015

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