Public Access Adoption and Concurrent Proposal
The adopted rules clarify the public’s rights to access and use of tidal waterways and their shores, and incorporate standards to maintain these rights on the State’s tidal waterways and their shores. The rules contain standards for coastal development as well as specific standards for municipalities accepting Shore Protection Program funding and for municipalities, counties and nonprofit organizations to receive Green Acres Program funding for a project located along a tidal waterway.
Concurrent with publication of the adoption of the public access rules, the Department proposed amendments to the newly adopted Public trust rights rule and the rule containing information requirements for public access plans. The proposal responds to issues raised on the November 6, 2006 proposal. Public hearings will be held on January 16 and 17, 2008, and the public may comment on the proposal until February 15, 2008.
Envisioning the Future of Coastal Management (Three meetings
to be held June 26, 27 and 28, 2007)
Background information on federal/state coastal zone management programs can be found at:
We want to hear your voice and look forward to your participation.
Comments can also be submitted at:
26th Annual International Submerged Lands Conference (Monday,
October 29th to Friday, November 2nd, 2007)
Notice of Request for Approval of Routine Program Change for Coastal
Management Program-Proposed Interstate Federal Consistency Listing
In compliance with these regulations, the Department is proposing to amend New Jersey’s Federally approved Coastal Management Program to add a listing of Federal actions having interstate coastal effects. Interstate coastal effects means any reasonably foreseeable effect resulting from a Federal action occurring in one state on any coastal use or resource of another state that has a Federally approved coastal management program. Federal Consistency is the Federal Coastal Zone Management Act requirement that Federal actions that have reasonably foreseeable effects on any land or water use or natural resource of the coastal zone must be consistent to the maximum extent practicable with the enforceable policies of a coastal state’s Federally approved coastal management program. The Department is asking that NOAA’s Office of Ocean and Coastal Resource Management concur that the listed actions be categorized as having reasonably foreseeable interstate coastal effects and thus are subject to review by New Jersey under the federal consistency provisions of the Coastal Zone Management Act. The effect of such approval is that New Jersey would review the listed activities on a routine basis for consistency with New Jersey’s Coastal Management Program. To view the various sections of the submittal click on one of the following:
of Federal Agency Activities Subject to Interstate Consistency (pdf)
Comments on whether or not these actions should be considered Routine Program Change should be sent by July 9, 2007 to:
National Oceanic and Atmospheric Administration
For further information about the above, contact Kim Springer at (609) 633-2201.
Notice of Expiration of Mainland Coastal Centers
View the Notice (pdf)
5/2/07: NJ Coastal Management
Program Evaluation - Public Meeting Notice
Coastal Zone Management rules. In summary, this proposal includes the updating of the goals of the New Jersey Coastal Management Program. In summary, the proposed amendments: update the goals of the New Jersey’s Coastal Management Program; incorporate new digital mapping of prime fishing areas and set forth transparent standards for development within these areas; add the Shawcrest/Hildreth Island to the list of bay islands exempted from the Bay islands rule; specify the standards used to review proposed coastal activities and development within wetlands in the Hackensack Meadowlands District; clarify the application of the Coastal Zone Management rules in the review of coastal activities or developments within the Hackensack Meadowlands District; add electrical substations to the list of activities that are exempt from the impervious cover and vegetative cover requirements of subchapters 5, 5A and 5B; and facilitate the preservation of historic structures in danger of demolition, such as those of the Doo Wop era.
The comment period on this proposal ends May 4, 2007.
On November 6, 2006, the DEP published in the New Jersey Register a proposal that would repeal the existing Public access to the waterfront rule and replace it with a new Public trust rights rule. The proposed new rule strengthens the Department's existing public access requirements and sets forth specific requirements for Shore Protection Program and Green Acres funding. In addition, a new special area rule, Lands and waters subject to public trust rights, is proposed to protect tidal waterways and their shores and ensure public access to these lands is provided. Various coordinating amendments to the coastal permitting requirements of the Coastal Permit Program rules are also proposed. The comment period on this proposal ends January 5, 2007.
The Department has also posted a new Public Access web page. This web page contains a map of public access points along the Atlantic Ocean from Monmouth County to Cape May County along with information on beach facilities; a handbook to the Public Trust Doctrine; and highlights of the proposed new rule.
5/15/06: Coastal centers - Affordable
5/2/06: Governor’s Blue Ribbon Panel Releases
Final Report on Offshore Wind
On April 17, 2006, the Department published in the New Jersey Register a Notice of Administrative Change indicating that pursuant to N.J.A.C. 7:7E-5B.6(d), the Department has amended the Coastal Zone Management rules, N.J.A.C. 7:7E Appendices 2 and 4. Appendices 2 and 4 have been amended to reflect that 7 expired coastal centers were re-established on March 14, 2006 pursuant to N.J.A.C. 7:7E-5B.6(b)2 and 15 mainland coastal centers expired on March 15, 2006 pursuant to N.J.A.C. 7:7E-5B.6(c)1. A listing of these centers follows:
Mainland coastal centers re-established on March 14, 2006
Mainland coastal centers that expired March 15, 2006
4/3/06 - Notice of Determination
on Routine Program Change to the Coastal Management Program
On February 6, 2006, the Department will be publishing in the New Jersey Register the adoption of amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, that it proposed on July 5, 2005. This adoption re-establishes certain coastal centers that are located on the mainland and expired on February 7, 2005. The amendments describe the mainland coastal center, how a coastal center with a boundary that expired on February 7, 2005 becomes a mainland coastal center, and their expiration. In addition, the rule sets forth the impervious cover limits and vegetative cover percentages for developments in the mainland coastal centers, and the limitations on their applicability to a proposed development.
View the Rule Adoption (pdf)
2/6/06 - Notice of Incorporation of Enforceable State Policies Developed Pursuant to the Federal Clean Water Act into Coastal Management Program and Notice of Request for approval of Routine Program Change for Coastal Management Program
Pursuant to Section 307(f) of the Coastal Zone Management Act, 16 U.S.C. 1456(f), the Department has incorporated the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A Subchapters 1, 2, 5, 6, 11, 12, 13, 15, 16, 18, 19, 20, 21, 24 and 25, and the Stormwater Management rules, N.J.A.C. 7:8, into New Jersey’s Federally approved Coastal Management Program. The incorporation of the NJPDES rules was effective April 13, 1982, the date the State NPDES Permit Program, Pretreatment Program, and State regulation of Federal facilities were approved by EPA, and the Stormwater Management rule, February 2, 2004, the date the rules were adopted.
Further, Federal regulations at 15 CFR 923.80 through 923.84 require states with approved coastal management programs to submit any changes or amendments to their coastal management programs to the Office of Ocean and Coastal Resource Management so that they can determine if the program, after the change, remains approvable.
In compliance with these regulations, the New Jersey Department of Environmental Protection is proposing to amend New Jersey’s Federally approved Coastal Management Program to incorporate various amendments and additions to the Coastal Zone Management rules, N.J.A.C. 7:7E, that occurred between December 7, 1998 and February 2, 2004. To view the various sections of the submittal click on one of the following:
notice published in February 6, 2006 New Jersey Register (pdf)
Comments on whether or not these actions should be considered Routine Program Change should be sent by February 27, 2006 to:
For further information about the above, contact Kimberly Springer at (609 633-2201.
Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell today announced the designation of Silver Cloud Harbor Marina as the first New Jersey Clean Marina. The implementation of the NJ Clean Marina Program is part of the Governor’s Coast 2005 initiative to protect water quality and habitat.
On July 5, 2005, DEP published in the New Jersey Register a proposal to reestablish certain coastal centers located on the mainland that expired on February 7, 2005. The Department has discovered that the proposal inadvertently failed to fully reflect the Departments intent with reference to the West Cape May expired coastal center. On August 15, 2005, the Department will be publishing in the New Jersey Register a Notice of Administrative Corrections and Comment Period Extension to address the status of the expired West Cape May coastal center. The comment period for this proposal is scheduled to close on September 3, 2005. The Department is extending the comment period regarding the proposed amendments related to the West Cape May coastal center to Monday, October 14, 2005. The comment period for all other aspects of the proposal will expire on September 3, 2005. Written comments regarding the proposed amendments to the West Cape May coastal center may be submitted by October 14, 2005 to:
Gary J Brower, Esq.
On July 5, 2005, DEP published in the New Jersey Register a proposal to reestablish certain coastal centers located on the mainland that expired on February 7, 2005. DEP adopted coastal centers on an interim basis to accommodate development in the CAFRA area while municipalities pursued comprehensive planning through the State Planning process. DEP has posted GIS data layers referenced in this rule proposal and updated the NJDEP CAFRA and Coastal Centers, New Jersey data layer to reflect the February expiration of coastal centers located on the mainland.
Federal regulations require states with approved coastal management programs to submit changes to their coastal management program to the Office of Ocean and Coastal Resource Management (OCRM) so that they can determine if the program remains approvable after the changes.In compliance with these regulations, on April 20, 2004 the New Jersey Department of Environmental Protection submitted to OCRM a request for concurrence with the Department's determination that the incorporation of: (1) the Freshwater Wetlands Protection Act and rules for non-assumable waters; (2) the Department's dredging technical manual dated October 1997; and (3) certain rulemaking actions amending the Coastal Permit Program rules and the Coastal Zone Management rules, constitutes a routine program change of the New Jersey Coastal Management Program. By letter of May 28, 2004, OCRM concurred with the Department's determination except for two sections of the Coastal Permit Program rules.Notice of OCRM's findings will be published in the July 6, 2004 New Jersey Register. Effective the date of publication in the New Jersey Register, the Freshwater Wetlands Protection Act and rules; the Department's dredging technical manual; and the rulemaking actions amending the Coastal Permit Program rules and the Coastal Zone Management rules approved by OCRM will be enforceable policies of New Jersey's Coastal Management Program. Accordingly, they will be applicable to Federal Consistency reviews under the auspices of the New Jersey Coastal Management Program. Federal Consistency will not apply to those rules which OCRM did not approve.
View a Copy of the New Jersey Register Notice (Pdf Format)
6/15/04 - Governor McGreevey's letter to the U.S. Commission on Ocean PolicyOn April 20, 2004, the U.S. Commission on Ocean Policy released its Preliminary Report, thereby opening a public comment period, which ended on June 4, 2004. Governor McGreevey responded to the Preliminary Report by letter of June 4, 2004. The Commission is currently reviewing comments received from governors and interested stakeholders. Once it has considered all comments, the Commission will prepare and submit a Final Report to the President and Congress with recommendations on a coordinated and comprehensive national ocean policy.
4/29/04 - Coastal Management Program Evaluation (updated 6/15/04)The NOAA Office of Ocean and Coastal Resource Management is evaluating the New Jersey Coastal Management Program pursuant to section 312 of the Coastal Zone Management Act of 1972 (CZMA), as amended, and regulations at 15 CFR part 923, subpart L.
The CZMA requires continuing review of the performance of states with respect to coastal program implementation. The review evaluates the extent to which a state has met the national objectives of the CZMA, adhered to its Coastal Management Program document approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA.The evaluation included a site visit the week of May 10-14, 2004, consideration of public comments, and consultations with interested Federal, State, and local agencies and members of the public. NOAA is expected to release a draft report in late July.
On April 20, 2005, Acting Governor Richard J. Codey announced New Jersey's Coast 2005, a comprehensive plan to protect the integrity and economic viability of New Jersey's valuable coastal resources.
View a Copy of New Jersey's Coast 2005 (Pdf Format)
On December 23, 2004, Acting Governor Richard J. Codey signed Executive Order #12, creating a Blue Ribbon Panel on Development of Wind Turbine Facilities in Coastal Waters. The Panel is charged with researching the feasibility of offshore wind turbine facilities as an alternate energy source for New Jersey. The Panel will be holding four public meetings.
The webpage for the panel is www.njwindpanel.org.3/24/05 - Official Launch of the New Jersey Clean Marina Program
The Coastal Management Office will officially launch the New Jersey Clean Marina Program at a kick-off workshop on March 31, 2005. This free Workshop is being held at the Clarion Hotel and Conference Center in Atlantic City, NJ from 12 PM to 4:45 PM. The New Jersey Clean Marina Program is a voluntary program that provides information, guidance, and technical assistance to marina owners, local governments, and recreational boaters regarding best management practices to protect water quality and coastal resources.
The official New Jersey Clean Marina Program website is www.njcleanmarina.org.