N.J. Admin. Code § 7:7-4.23

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

Section 7:7-4.23 - Permit-by-rule 23 - installation of an at-grade dune walkover at a residential, commercial, or public development other than a single-family home or duplex

(a) This permit-by-rule authorizes the installation of an at-grade dune walkover, such as a stabilization mat, at a residential, commercial, or public development other than a single-family home or duplex, provided:

1. Only one walkover is installed at the site unless New Jersey 2012 High Resolution Orthophotography (available for download at http://njgin.state.nj.us/NJ_NJGINExplorer/DataDownloads.jsp) reflects that more than one walkover was present on the site on the date depicted in the image. In such case, the maximum number of walkovers that may be installed shall be equal to the number of walkovers reflected on the 2012 orthophotography;

2. The installation does not require the grading or excavation of a beach or dune;

3. For non-commercial properties, the width of the at-grade walkover structure does not exceed six feet and the total width of the at-grade walkover, fencing, and/or edging does not exceed eight feet;

4. For commercial properties, the width of the at-grade walkover structure does not exceed 10 feet and the total width of the at-grade walkover, fencing, and/or edging does not exceed 12 feet;

5. The walkover is fenced on both sides using sand fencing, split rail fencing, or open handrails, unless prohibited by the municipality; and

6. The activity complies with any applicable management plan for protection of State or Federally listed threatened or endangered species, as approved by the Department and the USFWS, and/or the endangered or threatened wildlife or vegetation species habitat rule, N.J.A.C. 7:7-9.36.

N.J. Admin. Code § 7:7-4.23

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

Administrative Change, 51 N.J.R. 1193(a).