N.J. Admin. Code § 7:7-9.49

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

Section 7:7-9.49 - Dredged material management areas

(a) A dredged material management area is an area documented through historical data, including, but not limited to, aerial photography, historic surveys, and/or previously issued permits, as having been previously used for the placement of sediment associated with the dredging of State and/or Federal navigation channels and marinas.

(b) Development that changes the land use of a dredged material management area owned by a State or Federal agency is discouraged.

(c) Development that changes the land use of a dredged material management area owned by a person, entity, or local governmental entity is conditionally acceptable provided the Department determines that:

1. The previous use of the area was for the one-time placement of dredged material or the dredged material management area is not located within hydraulic pumping distance of a State or Federal navigation channel; and

2. The purchase of the property by the State for use as a dredged material management area is not feasible.

(d) The beneficial use of dredged material from the dredged material management area in a lawfully permitted manner is encouraged, provided environmental impacts associated with the removal of the dredged material are minimized to the maximum extent practicable.

(e) Rationale: The primary purpose of a dredged material management area is to facilitate maintenance and safe navigation of State and Federal navigation channels and marinas. Dredged material management areas dewater and retain dredged materials until such time as the material can be excavated for beneficial use. Beneficial use of dredged material provides long term capacity within the dredged material management area. The continued use of these areas for the management of sediments removed from State and Federal navigation channels and marinas to maintain navigation is critical to the State's recreational and commercial boating industry and marine commerce.

N.J. Admin. Code § 7:7-9.49

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015