N.J. Admin. Code § 7:7-9.24

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:7-9.24 - Existing lagoon edges

(a) Existing lagoon edges are defined as existing manmade land areas resulting from the dredging and filling of wetlands, bay bottom and other estuarine water areas for the purpose of creating waterfront lots along lagoons for residential and commercial development.

1. Existing Lagoon Edges extend upland to the limit of fill, or the first paved public road or railroad generally parallel to the water area, whichever is less.

(b) Development of existing lagoon edges is acceptable provided:

1. The proposed development is compatible with existing adjacent land and water uses;

2. Existing retaining structures are adequate to protect the proposed development;

3. New or reconstructed retaining structures are consistent with the filling rule at 7:7-12.11 and structural shore protection rule 7:7-15.11(g); and

4. The development complies with the requirements for impervious cover and vegetative cover that apply to the site under N.J.A.C. 7:7-13.

(c) Rationale: Filled lands adjacent to water areas, especially existing, undeveloped lagoons, represent potential problems for water quality if not stabilized. The slope must be stabilized in order to prevent erosion and turbidity. These problems have been well documented in Rutgers University Center for Coastal and Environmental Studies and NJDEP, Division of Fish, Game and Wildlife, "Comparison of Natural and Altered Estuarine Systems", 1979. Thousands of undeveloped building lots exist along stabilized and unstabilized lagoons created by destroying wetlands in the 1950's and 1960's. State coastal policy now precludes the development of new lagoons in wetlands for residential development.

N.J. Admin. Code § 7:7-9.24

Renumbered from 7:7E-3.24 by 47 N.J.R. 1392(a), effective 7/6/2015