Vegetated or living shorelines are a shore protection and/or storm damage reduction measure that addresses the loss of vegetated shorelines and habitat in the littoral zone by providing for the protection, restoration or enhancement of these habitats. This measure provides "living space" for organisms through the strategic placement of plants, sand or other structural and organic materials.
Structural solutions as shore protection and storm damage reduction measures are appropriate and essential at certain locations, given the existing pattern of urbanization of New Jersey's shoreline. However, the creation, repair, or removal of publicly-funded shore protection structures must serve clear and broad public purposes and must be undertaken only with a clear understanding, on a regional basis, of the consequences to natural shoreline sand systems.
As documented by the Department, the Federal Emergency Management Agency and others, dunes have proven to be very effective in providing protection from coastal storm surges, wave action and flooding. Dunes have been shown to reduce the level of storm damage particularly to boardwalks, gazebos, and residential oceanfront structures. Creation, restoration, enhancement, and maintenance of dunes are, therefore, encouraged.
New Jersey's unique geography places the State in the potential path of hurricanes, tropical storms, and nor'easters. Healthy beaches provide mitigation from these natural disasters by acting as a buffer between the ocean or bay and the homes, businesses, and infrastructure along the coast. Beach nourishment projects consist of the initial placement of sand along a beach that has experienced erosion. Beach nourishment depends upon adequate quantity and suitable quality of beach nourishment material; otherwise the material may quickly return to the ocean or bay. Sources of sand for such projects can include a local source such as from a neighboring beach or sandbar, a dredged source such as a nearby inlet or waterway, an inland source such as a mining quarry, or, as used most commonly in large-scale projects, an offshore source such as a borrow site along the ocean bottom. This sand can be brought in with trucks or barges, hydraulically pumped or any combination of the above, and is then spread evenly along the beach using a common bulldozer. This completes the initial beach nourishment phase. As nourished beaches undergo erosion, they must be maintained through beach re-nourishment.
The Public Trust Doctrine requires that access be provided to publicly funded shore protection structures and that such structures not impede public access.
The New Jersey Supreme Court in Borough of Neptune v. Avon-by-The-Sea, 61 N.J. 296 (1972) held that:
"...at least where the upland sand area is owned by a municipality - a political subdivision and creature of the state -and dedicated to public beach purposes, a modern court must take the view that the Public Trust Doctrine dictates that the beach and ocean waters must be open to all on equal terms and without preference and that any contrary state or municipal action is impermissible." (61 N.J. at 308-309).
Shore protection structures, when located on wet sand beaches, tidally flowed, or formerly tidally flowed lands, are subject to the Public Trust Doctrine. Once built, most publicly funded shore protection structures become municipal property and are, therefore, subject to the Public Trust Doctrine in the same manner as municipally owned dry beaches.
N.J. Admin. Code § 7:7-15.11