N.J. Admin. Code § 7:7A-7.19

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7A-7.19 - General permit 19- Docks and piers

(a) General permit 19 authorizes:

1. Activities in freshwater wetlands and/or transition areas necessary to construct or improve a dock or pier on pilings in order to obtain access to State open waters. General permit 19 does not cover docks or piers on pilings in State open waters because the placement of pilings to support a dock or pier in State open waters is not a regulated activity pursuant to 7:7A-2.2(c)5 and therefore does not require approval under this chapter; and

2. Activities in freshwater wetlands, transition areas, and/or State open waters necessary for the construction of a public boat ramp. Private boat ramps are not covered by this general permit.

(b) All activities under general permit 19, when combined, shall meet the applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 and the following criteria, as applicable:

1. For a dock or pier, the activities shall disturb no more than one-tenth acre of wetlands and/or transition area. Wetlands or transition area shaded by a dock or pier shall be considered disturbed for the purposes of general permit 19;

2. For a boat ramp, the activities shall disturb no more than one-tenth acre of freshwater wetlands, transition areas, and/or State open waters; and

3. For a dock or pier and a boat ramp on the same site, the combined activities shall disturb no more than one-tenth acre of freshwater wetlands, transition areas, and/or State open waters.

(c) A dock or pier shall be elevated on pilings, so that it does not affect the hydrology of the surrounding wetland. In tidal wetlands that are subject to this chapter but not subject to the Department's coastal permitting program under N.J.A.C. 7:7, a dock or pier shall be elevated at least four feet above the ground surface.

(d) The portion of a dock, pier or boat ramp that crosses freshwater wetlands and/or transition areas shall be perpendicular to the shoreline of the State open waters, unless a different configuration would cause less impact to wetlands and aquatic resources.

(e) A public dock or pier is a dock or pier which is open to all members of the public. A private dock or pier is a dock or pier which is not a public dock or pier.

(f) A private dock or pier shall meet the following requirements, in addition to the requirements at (b) through (d) above:

1. There shall be no more than one crossing over wetlands and/or transition areas per lot for dock or pier access. If there is an existing dock on the lot, general permit 19 does not authorize another crossing over wetlands and/or transition areas for dock or pier access. However, general permit 19 does authorize improvements to the portion of the dock or pier that crosses wetlands and/or transition areas, within the limits in general permit 19. In such a case, the total disturbance resulting from the existing dock or pier and additions made under general permit 19 shall not exceed one-tenth of an acre; and

2. The portion of the dock or pier that crosses wetlands and/or transition areas shall be no wider than six feet unless the portion must be wider in order to comply with the Barrier Free Subcode of the Uniform Construction Code, N.J.A.C. 5:23-7, in which case the portion shall be the minimum width necessary to comply.

(g) An applicant who proposes to build a public dock or pier shall, in addition to meeting the requirements at (b) through (d) above, ensure that the portion of the dock or pier that crosses wetlands and/or transition areas is no more than six feet wide unless:

1. The portion must be wider in order to comply with the Barrier Free Subcode of the Standard Uniform Construction Code, N.J.A.C. 5:23-7, in which case the portion shall be the minimum width necessary to comply; or

2. The primary purpose of the dock or pier is to provide group instruction or a similar function, in which case the portion of the dock or pier shall be the minimum width necessary to accomplish this purpose.

(h) An applicant who proposes to build a public boat ramp shall, in addition to meeting the requirements at (b) through (d) above, demonstrate that there is no feasible onsite alternative location that will involve less or no disturbance of wetlands, transition areas, and/or State open waters.

N.J. Admin. Code § 7:7A-7.19

Amended and recodified from 7:7A-5.19 by 49 N.J.R. 3849(a), effective 12/18/2017