N.J. Admin. Code § 7:7-9.16

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

Section 7:7-9.16 - Dunes

(a) A dune is a wind or wave deposited or man-made formation of sand (mound or ridge), that lies generally parallel to, and landward of, the beach and the foot of the most inland dune slope. "Dune" includes the foredune, secondary or tertiary dune ridges and mounds, and all landward dune ridges and mounds, as well as man-made dunes, where they exist.

1. Formation of sand immediately adjacent to beaches that are stabilized by retaining structures, and/or snow fences, planted vegetation, and other measures are considered to be dunes regardless of the degree of modification of the dune by wind or wave action or disturbance by development.

2. A small mound of loose, windblown sand found in a street or on a part of a structure as a result of storm activity is not considered to be a "dune."

(b) Development is prohibited on dunes, except for development that has no practicable or feasible alternative in an area other than a dune, and that will not cause significant adverse long-term impacts on the natural functioning of the beach and dune system, either individually or in combination with other existing or proposed structures, land disturbances, or activities. In addition, the removal of vegetation from any dune, and the excavation, bulldozing, or alteration of dunes is prohibited, unless these activities are a component of a Department-approved beach and dune management plan. Examples of acceptable activities are:

1. Demolition and removal of paving and structures;

2. Limited, designated access ways for pedestrian and authorized motor vehicles between public streets and the beach that provide for minimum feasible interference with the beach and dune system and are oriented so as to provide the minimum feasible threat of breaching or overtopping as a result of a storm surge or wave runup (see N.J.A.C. 7:7-10 );

3. Limited stairs, walkways, pathways, and boardwalks to permit access across dunes to beaches, in accordance with N.J.A.C. 7:7-10, provided they cause minimum feasible interference with the beach and dune system;

4. The planting of native vegetation to stabilize dunes in accordance with N.J.A.C. 7:7-10;

5. Sand fencing, either a brush type barricade or picket type, to accumulate sand and aid in dune formation in accordance with N.J.A.C. 7:7-10;

6. Shore protection structures which meet the coastal engineering rule at 7:7-15.11; and

7. Linear development which meets the rule on location of linear development (7:7-14.1 ).

(c) The creation of dunes for the purpose of shore protection is strongly encouraged. According to the National Flood Insurance Program (NFIP) Regulations established by the Federal Emergency Management Agency (FEMA), primary frontal dunes will not be considered as effective barriers to base flood storm surges and associated wave action where the cross-sectional area of the primary frontal dune, as measured perpendicular to the shoreline and above the 100-year stillwater flood elevation and seaward of the dune crest, is equal to or less than 1,100 square feet. This standard represents the minimal dune volume to be considered effective in providing protection from the 100-year storm surge and associated wave action, and should represent a "design dune" goal.

(d) The maintenance of an engineered dune to the dune design template through alteration of the dune is conditionally acceptable provided:

1. It is demonstrated through pre- and post-construction surveys overlaid on the dune design template, that:

i. The existing dune is not consistent with the design template; and

ii. The proposed alteration of the dune will not result in the reduction of any portion of the dune below the design template;

2. A New Jersey licensed professional engineer certifies that alteration of the dune will not compromise the beach and dune system;

3. The activity:

i. Is conducted in accordance with the State Aid Agreement between the Department and municipality or county; and

ii. Complies with the management plan for the protection of State and Federally listed threatened and endangered species, as approved by the Department's Division of Fish and Wildlife and the USFWS;

4. All existing public accessways are maintained;

5. Any existing vegetation disturbed during the maintenance activities shall, at a minimum, be restored in accordance with the dune construction planting specifications in the Federal consistency determination or Department permit for the engineered dune, as applicable; and

6. Any sand transferred as part of the maintenance of the dune design template shall be moved only within the shore protection project and shall be placed within the existing dune system, or within the engineered beach berm in accordance with the beach rule, 7:7-9.22(b).

(e) Rationale: Ocean and bayfront dunes are an irreplaceable physical feature of the natural environment possessing outstanding geological, recreational, scenic, and protective value. Protection and preservation in a natural state is vital to this and succeeding generations of citizens of the State and the Nation. The dunes are a dynamic migrating natural phenomenon that helps protect lives and property in adjacent landward areas, and buffers barrier islands and barrier beach spits from the effects of major natural coastal hazards such as hurricanes, storms, flooding, and erosion. Natural dune systems also help promote wide sandy beaches and provide important habitats for wildlife species.

Extensive destruction of dunes has taken place in this century along much of the coast. This disruption of the natural processes of the beach and dune system has led to severe erosion of some beach areas; jeopardized the safety of existing structures on and behind the remaining dunes and upland of the beaches; increased the need to manage development in shorefront areas no longer protected by dunes; interfered with the sand balance that is so essential for recreational beaches and the coastal resort economy; necessitated increased public expenditures by citizens of the entire State for shore protection structures and programs; and increased the likelihood of major losses of life and property from flooding and storm surges.

The rule encourages the natural functioning of the dune system and encourages restoration of destroyed dunes, to protect and enhance the coastal beach dune areas, and to devote these precious areas to only those limited land uses which preserve, protect, and enhance the natural environment of the dynamic dune system.

The Department strongly supports the creation, enhancement, and maintenance of coastal sand dunes as cost-effective shore protection. The value of dunes in protecting the densely developed oceanfront from coastal storm hazards has been well documented by the Department, the Federal Emergency Management Agency, the Army Corps of Engineers, and others. In fact, the New Jersey Hazard Mitigation Plan (Section 406) specifically identifies dune creation and enhancement as a primary storm hazard mitigation strategy. A study from the Coastal Research Center at the Richard Stockton College of New Jersey (Barone, D.A., McKenna, K. K., and S.C. Farrell, 2014, Hurricane Sandy: Beach-dune performance at New Jersey Beach Profile Network sites) concluded that Federally designed shore protection projects that included engineered dunes provided protection to landward structures during Superstorm Sandy. The communities that suffered the greatest damages from Superstorm Sandy were those where dunes were nonexistent, or where the elevations of dunes and beach berms were low or beach widths were narrow.

In addition to the benefits that dunes provide as a natural form of shore protection, dunes often provide important habitat for numerous species of plants and wildlife. Moreover, dunes are important aesthetic resources that complement and promote tourism along the New Jersey shore. With large quantities of sand being placed on New Jersey beaches as part of the State-Federal shore protection program, opportunities to restore beach and dune habitats and associated biodiversity have increased tremendously. Beach nourishment provides the basis for restoration of coastal landforms (beaches and dunes) and biota, and rediscovery of lost environmental heritage. A large variety of species inhabit coastal dune environments, including plants (beachgrass, beach plum, beach pea, goldenrod, bayberry, juniper, cedar, virginia creeper) and animals (sparrows, warblers, waxwings, kinglets, tanagers, tiger beetles, burrowing spiders, grasshoppers, butterflies).

The natural and aesthetic values of habitat restoration are an important byproduct of the State's beach and dune restoration efforts. Dunes can evolve as natural dynamic landforms that restore an important component of New Jersey's coastal heritage, while providing significant areas of vegetated habitat for coastal biota. The restoration of the natural and beneficial functions of beaches and dunes has become the cornerstone of New Jersey's shore protection program. These benefits are described in Nordstrom and Mauriello (2001), Restoring and Maintaining Naturally Functioning Landforms and Biota on Intensively Developed Barrier Islands under a No-Retreat Scenario. In addition, dune restoration for the purpose of providing wildlife habitat and scenic amenities is consistent with the goals of CAFRA to preserve and enhance the unique environmental and aesthetic resources of the coastal area.

Typically, beach nourishment projects include the construction of dunes for shore protection and/or storm damage reduction purposes. These engineered dunes are designed to a specific height, width, slope, and length, in accordance with a dune design template. In some instances, the engineered dunes may capture sand and grow beyond their design template. In these cases, maintenance of the dune to its design template may be necessary to minimize the effects that an influx of sand can have on infrastructure, access, and public safety. This excess sand can then be utilized along sections of dune or upper beach berm that are below the design template. Engineered dunes are designed to provide storm damage reduction in addition to the beach berm, and are subject to the influx of windblown sand from the beach berm as well as erosion from wave and tidal current activity. Engineered dunes may be supplemented during periodic renourishment cycles to replenish lost material to maintain the overall design template. Maintenance activities between renourishment cycles can potentially reduce the volume of material needed when accreted sand is transferred from areas that have expanded above the design template to areas that have experienced increased erosion. However, maintenance of the engineered dune must not reduce any part of the dune to less than the dune design template.

N.J. Admin. Code § 7:7-9.16

Renumbered from 7:7E-3.16 by 47 N.J.R. 1392(a), effective 7/6/2015

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