N.J. Admin. Code § 7:7-6.3

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:7-6.3 - General permit 3 - voluntary reconstruction of certain residential or commercial development

(a) This general permit authorizes the voluntary reconstruction of a non-damaged legally constructed, currently habitable residential or commercial development landward of the existing footprint of development provided:

1. Such reconstruction is in compliance with existing requirements or codes of municipal, State and Federal law;

2. The reconstruction does not result in the enlargement of the footprint of the development;

3. In the case of residential reconstruction, the reconstruction does not result in an increase in the number of dwelling units;

4. In the case of commercial reconstruction:

i. The reconstruction does not result in an increase in the number of parking spaces or equivalent parking area associated with the development; and

ii. The development is consistent with the Water Quality Management Plan adopted pursuant to N.J.A.C. 7:15;

5. The reconstruction does not result in additional impacts to special areas as defined at N.J.A.C. 7:7-9;

6. The reconstruction does not increase the area covered by buildings and/or asphalt or concrete pavement;

7. The reconstruction meets the requirements of 7:7-9.25 and 9.26; and

8. Public access shall be provided in accordance with the lands and waters subject to public trust rights rule, 7:7-9.48, and the public access rule, 7:7-16.9.

(b) Authorization under this general permit is not required for repairs or maintenance, such as replacing siding, windows, or roofs which is not regulated, unless the repair or maintenance is associated with an expansion of the footprint of development.

N.J. Admin. Code § 7:7-6.3

Renumbered from 7:7-7.7 by 47 N.J.R. 1392(a), effective 7/6/2015

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