N.J. Admin. Code § 7:7-10.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:7-10.3 - Standards applicable to emergency post-storm beach restoration

(a) This section on emergency post-storm beach restoration will apply to all beaches which are impacted by coastal storms with a recurrence interval equal to or exceeding a five-year storm event. Emergency post-storm beach restoration projects not specifically identified in this section may be authorized by the Department through an emergency authorization pursuant to N.J.A.C. 7:7-21 if the Department determines that there is an imminent threat to lives or property.

(b) Beach restoration activities, as part of an emergency post-storm recovery, include: the placement of clean fill material with grain size compatible with (or larger than) the existing beach material; the bulldozing of sand from the lower beach profile to the upper beach profile; the alongshore transfer of sand on a beach; the placement of concrete, rubble, or rock; and the placement of sand filled geotextile bags or tubes.

(c) The emergency post-storm beach restoration activities in (b) above should be designed and implemented as a means to restore the beaches to the pre-storm condition, or to restore the beaches to a level sufficient to provide protection from a storm event with a minimum recurrence interval of five years (five-year storm protection). For the purpose of this section, five-year storm protection equates to a minimum 30-foot wide berm at elevation +8 Mean Sea Level (NAD, 1983). Restoration beyond the pre-storm beach condition is encouraged by the Department, but will not be considered "emergency post-storm beach restoration," pursuant to this section.

(d) The bulldozing of sand from the lower beach profile to the upper beach profile, as part of an emergency post-storm beach restoration plan, is acceptable, in accordance with the following standards:

1. Bulldozing is limited to the beach area landward of the low water line. Removal of material from below the low water line is considered dredging, and is not authorized pursuant to this section; and

2. The beach face cannot be graded to a slope steeper than one vertical to three horizontal.

(e) The alongshore transfer of sand from one beach area to another, as part of an emergency post-storm beach restoration plan, is acceptable, in accordance with the following standards:

1. No disturbance to existing dune areas is permitted;

2. Sand borrow areas shall not be bulldozed to a depth which exceeds one foot;

3. The borrow areas may not be rescarped until full sand volume recovery has occurred; and

4. An adequate supply of sand is available at the borrow area site, so that the relocation of this material will not decrease the level of protection adjacent to the borrow area.

(f) The placement of sand filled geotextile bags or geotubes, as part of an emergency post-storm beach restoration plan, is acceptable, in accordance with the following standards:

1. In areas where dunes are present, the geotextile bags or geotubes shall be placed along the toe of any scarped dune, or seaward of the dune toe, and not on the dune itself;

2. In areas where dunes are not present, the geotextile bags or geotubes shall be placed at the landward limit of the beach and in no case be placed below the mean high water line;

3. The geotextile bags or geotubes shall be tapered at the end of the project area, to minimize the impact to adjacent areas which are not protected by the geotextile bags or geotubes;

4. The crest and seaward side of the geotubes shall be buried to achieve a gradual, uniform slope from the upper beach to the crest of the geotextile bag or geotube;

5. The length of shoreline along which the geotextile bags or geotubes are installed shall not exceed a cumulative length of 500 feet;

6. Fill material for the geotextile bags or geotubes shall be from an upland source, excluding the beach and dune, or from suitable dredged material;

7. The geotextile bag or geotube shall be installed parallel to the shoreline; and

8. The geotextile bag or geotube shall be installed with the manufacturer's recommended scour apron.

(g) The placement of sand, gravel, rubble, concrete, rock, or other inert material, as part of an emergency post-storm beach restoration plan, is acceptable, in accordance with the following standards:

1. All material shall be non-toxic sand, gravel, concrete, rubble, rock, or other inert material;

2. The placement of concrete, rubble, or rock shall be temporary in nature, and is not to be used as permanent protection, unless it is part of a Department-approved, engineered design for permanent shore protection;

3. All concrete, rubble, or rock placed on the beach shall be removed within 90 calendar days, unless an application is filed within 90 calendar days of the placement of the material for Department approval of an engineered design for permanent shore protection. If a permit application is filed within this period, the material may remain on the beach until a determination is made on the application; and

4. The use of automobiles, tires, wood debris, asphalt, appliances or other solid waste is prohibited.

(h) Rationale: Damage to beach and dune systems during storm events has the potential to leave communities vulnerable to subsequent storms. The above standards are intended to facilitate emergency beach restoration activities to stabilize beaches eroded by storm damage. The best method depends upon the extent of damage, the urgency of the situation, and the likely permanent solution. Different materials are appropriate for different locations. This rule promotes the Department's longstanding policy of the beneficial reuse of dredged material by allowing dredged material to be used as fill material in appropriate circumstances.

N.J. Admin. Code § 7:7-10.3

Renumbered from 7:7E-3A.3 by 47 N.J.R. 1392(a), effective 7/6/2015

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