N.J. Admin. Code § 7:7-10.4

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

Section 7:7-10.4 - Standards applicable to dune creation and maintenance

(a) Dune creation and maintenance includes the placement and/or repair of sand fencing (including wooden support posts), the planting and fertilization of appropriate dune vegetation, the maintenance and clearing of beach access pathways less than eight feet in width, and the construction or repair of approved dune walkover structures. Bulldozing, excavation, grading, vegetation removal or clearing, and relocation of existing dunes are not authorized pursuant to this section.

(b) All dune creation and maintenance activities should be conducted in accordance with the specifications found in Guidelines and Recommendations for Coastal Dune Restoration and Creation Projects (DEP, 1985), and/or Restoration of Sand Dunes Along the Mid-Atlantic Coast (Soil Conservation Service, 1992). The Department will provide site specific technical assistance for dune creation and maintenance projects, upon request.

(c) All proposed dune vegetation shall be native to New Jersey and should be limited to the following coastal species, to the maximum extent practicable: American Beachgrass (Ammophila breviligulata), Coastal Panicgrass (Panicum amarulum), Bayberry (Myrica pensylvanica), Beach Plum (Prunus maritima), Seaside Goldenrod (Solidago sempervirens), Beach Pea (Lathyrus japonicus), Bitter Panicgrass (Panicum amarum), Switchgrass (Panicum virgatum), Partridge Pea (Chamaecrista fasiculata), Eastern red cedar (Juniperus virginiana), Groundsel tree (Baccharis halimifolia), and Saltmeadow cordgrass (Spartina patens).

1. American beachgrass is the preferred species for the stabilization of newly established dunes, and for stabilization of the primary frontal dune. Woody plant species are suitable for back dune and secondary dune environments. Herbaceous plant species are preferred as supplemental plantings for all dune areas.

2. Dune vegetation should be diversified to the maximum extent practicable, in an effort to provide continuous stabilization in the event that pathogens reduce or eliminate the effectiveness of one species. A complex of associated grasses, herbaceous species, and woody species is preferred to the planting of one species.

3. A landscape plan is required as part of any dune creation activity. The landscape plan shall depict the proposed vegetative community on the dune and include:

i. The species and quantity of each species to be planted;

ii. The spacing of all plantings;

iii. The stock type (plugs, potted, seed); and

iv. The source of the plant material.

(d) The construction of elevated timber dune walkover structures shall be in accordance with the standards and specifications (or similar specifications) described in Beach Dune Walkover Structures (Florida Sea Grant, 1981). The construction of elevated dune walkover structures, particularly at municipal street-ends and other heavily used beach access points is preferred to the construction of pathways or walkways through the dunes.

1. Copies of the DEP and Florida Sea Grant reports are available from the Department at the address set forth at 7:7-1.6.

(e) The construction of at-grade dune walkovers at single-family homes and duplexes shall comply with the following:

1. Only one walkover per site is allowed;

2. The width of the walkover does not exceed four feet;

3. The walkover is fenced on both sides through the use of sand fencing, split rail fencing, or open handrails, unless prohibited by the municipality; and

4. Any grading or excavation associated with the installation of the walkover does not result in the lowering of the beach or dune below design specifications.

(f) The construction of at-grade dune walkovers at developments other than a single-family home and duplex shall comply with the following:

1. Only one walkover per site, unless:

i. The New Jersey 2012 High Resolution Orthophotography available for download http://njgin.state.nj.us/NJ_NJGINExplorer/DataDownloads.jsp, reflects that more than one walkover was present on the site on the date depicted in the image. In such case, the maximum number of walkovers that may be installed shall be equal to the number of walkovers reflected on the 2012 photo-imagery; or

ii. It is demonstrated that more than one walkover is necessary to adequately provide access from the development. In determining whether more than one walkover is necessary, factors considered by the Department will include the following:

(1) The number of persons to be served by the development during normal and peak usage times;

(2) The length of the dune/beach frontage on the site;

(3) The distribution of the development on the site (for example, for a site with 1,000 feet of dune/beach frontage, is there one centrally located structure with a central entrance from which residents/patrons will be accessing the walkover, or are there several buildings spread along the beach frontage with multiple entrances on the beach side of the structures); and

(4) The proximity of the nearest alternative public access to the beach;

2. For non-commercial properties, the width of the at-grade walkover structure does not exceed six feet and the total width of the at-grade walkover, fencing, and/or edging not to exceed eight feet;

3. For commercial properties, the width of the at-grade walkover structure does not exceed 10 feet and the total width of the at-grade walkover, fencing, and/or edging not to exceed 12 feet;

4. Any grading or excavation associated with the installation of the walkover does not result in the lowering of the beach or dune below design specifications; and

5. The walkover is fenced on both sides through the use of sand fencing, split rail fencing, or open handrails, unless prohibited by the municipality.

(g) The controlled use of discarded natural Christmas trees for the purpose of dune stabilization is generally discouraged, but may be acceptable, in accordance with the standards set forth below. Discarded Christmas trees serve the same function as sand fencing, by trapping wind blown sand and facilitating sand deposition and dune formation. However, uncontrolled or inappropriate placement of trees will hinder the development of dunes and may present a fire hazard.

1. Only natural, coniferous trees are suitable for use in dune stabilization. The use of tree limbs, clippings, artificial trees, and other dead vegetation is prohibited;

2. Trees should be placed at least 100 feet landward of the high water line, in areas which are generally not subject to spring tidal inundation and wave swash action;

3. The placement of trees should be oriented against the prevailing winds, in either a straight line or zig-zag formation;

4. The trees should be installed by overlapping the stump end of one tree with the pointed end of another, and then anchoring the connection point with a sufficient amount of sand to hold the trees in place;

5.Newly placed trees should be monitored to ensure that the trees remain anchored and do not become dislodged. Additional quantities of sand or wooden anchor stakes may be used to hold the trees in place until they become stabilized; and

6. All newly deposited sand should be stabilized through the planting of beachgrass, during the appropriate planting season.

(h) Rationale: Barone, McKenna, and Farrell in their paper Hurricane Sandy: Beach-dune performance at New Jersey Beach Profile Network sites (2014) concluded that the presence of maintained Federally designed beach nourishment projects including engineered dunes played a significant role in protecting landward structures and infrastructure as the projects absorbed the impacts of the storm waters. This rule is intended to facilitate the creation and maintenance of dunes for shore protection and ecological benefit. This rule is intended to facilitate the creation and maintenance of dunes for shore protection and ecological benefit, while continuing to allow and encourage appropriate public access to the State's beaches. To achieve these goals, the rule provides predictable, science-based standards for dune creation and maintenance, as well as dune walkover design. The rule also identifies appropriate dune vegetation; planting dunes with a diversity of native vegetation increases stability, reduces dune erosion, and provides high-quality habitat for wildlife. While the use of natural Christmas trees for dune stabilization is discouraged, in order to provide appropriate flexibility in dune creation and maintenance activities, the rule allows their use in certain circumstances provided stringent standards are met.

Dune walkovers create designated areas for people to cross over dunes to reach the beach and ocean. Their presence helps prevent degradation of dunes that could otherwise occur if people routinely walked across the dunes at random locations and also promotes public access to the shore. However, these walkovers must be properly designed and constructed to minimize any impact to the dunes themselves. The number of walkovers in any given area must also be limited to preserve the integrity of the vegetated dune system.

N.J. Admin. Code § 7:7-10.4

Renumbered from 7:7E-3A.4 by 47 N.J.R. 1392(a), effective 7/6/2015

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

Administrative Change, 51 N.J.R. 1193(a).