N.J. Admin. Code § 7:7-9.7

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:7-9.7 - Navigation channels

(a) Navigation channels are tidal water areas including the Atlantic Ocean, inlets, bays, rivers and tidal guts with sufficient depth to provide safe navigation. Navigation channels include all areas between the top of the channel slopes on either side. These navigation channels are often marked with buoys or stakes. Major navigation channels are shown on NOAA/National Ocean Service Charts.

(b) Standards relevant to navigation channels are as follows:

1. Development which would cause terrestrial soil and shoreline erosion and siltation in navigation channels shall utilize appropriate mitigation measures;

2. Development which would result in loss of navigability is prohibited;

3. Any construction which would extend into a navigation channel is prohibited;

4. The placement of structures within 50 feet of any authorized navigation channel is discouraged, unless it can be demonstrated that the proposed structure will not hinder navigation;

5. Maintenance dredging, as defined in 7:7-12.6, of navigation channels to provide for safe navigation is conditionally acceptable, provided the dredging operation and the management of the dredged material meet the requirements of 7:7-12.6 and Appendix G; and

6. New dredging, as defined in 7:7-12.7, to expand the depth, length, and/or width of a previously authorized navigational channel to provide for safe navigation is conditionally acceptable provided the dredging operation and the management of the dredged material meet the requirements of 7:7-12.7 and Appendix G.

(c) Rationale: Navigation channels are essential for commercial and recreational surface water transportation, especially in New Jersey back bays where water depths are very shallow. Channels play an important ecological role in providing estuarine circulation and flushing routes, and migration pathways and wintering and feeding habitat for a wide diversity of finish, shellfish and waterfowl. Navigation channels, access channels and anchorages form a network of areas that have a depth sufficient to enable marine trade to operate at the limiting depth of the channel. If one part of the system is not maintained, the entire system might be unable to function.

N.J. Admin. Code § 7:7-9.7

Renumbered from 7:7E-3.7 by 47 N.J.R. 1392(a), effective 7/6/2015