Governor Chris Christie • Lt.Governor Kim Guadagno
NJ Home | Services A to Z | Departments/Agencies | FAQs  
State of New Jersey-Department of Environmental Protection-Coastal Management Program
State of New Jersey Department of Environmental Protection
DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online 



 

Enforceable Policies

photoOne of the components of a Coastal Management Program approved under the Federal Coastal Zone Management Act is enforceable policies. Enforceable policies are state policies that are legally binding and by which a state exerts control over coastal uses and resources. In New Jersey, the enforceable policies are contained in the Coastal Zone Management rules (N.J.A.C. 7:7E), the Coastal Permit Program rules, (N.J.A.C. 7:7), the Freshwater Wetlands Protection Act rules, (N.J.A.C. 7:7A), Stormwater Management rules, (N.J.A.C. 7:8), New Jersey Pollutant Discharge Elimination Systems 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 Hackensack Meadowlands District Zoning Regulations (N.J.A.C. 19:4 portions of Subchapters 2, 3, 4, 5, 7, 8 and 9 as noted below). These rules apply to decisions regarding consistency of proposed federal actions with New Jersey's Coastal Management Plan under Section 307 of the Federal Coastal Zone Management Act as well as decisions on water quality certifications under Section 401 of the Clean Water Act. Three major state laws are implemented through the Coastal Zone Management rules: the Waterfront Development Law, N.J.S.A. 12:5-3, the Wetlands Act of 1970, N.J.A.C. 13:9A, and the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19. The Hackensack Meadowlands Reclamation and Development Act, N.J.S.A. 13:17, Freshwater Wetlands Protection Act, N.J.S.A. 13:9B and the Law concerning the transportation of dredged materials containing polychlorinated biphenyls (PCBs), N.J.S.A. 13:19-33, the Department's dredging technical manual titled, “The Management and Regulation of Dredging Activities and Dredged Material Disposal in New Jersey 's Tidal Waters”, the NJMC Master Plan, the November 5, 2005 Memorandum of Agreement between the NJDEP and New Jersey Meadowlands Commission, and the Department’s “Technical Manual for Evaluating Wildlife Impacts of Wind Turbines Requiring Coastal Permits” are additional enforceable policies.

A description of the regulations cited above follows:

The Coastal Zone Management rules represent the State's substantive standards for the use and development of resources in New Jersey 's coastal zone. These rules are used to review permit applications submitted under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq., the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., and the Waterfront Development Law, N.J.S.A. 12:5-3. The rules are also a basis for making recommendations to the Tidelands Resource Council on applications for Tidelands Instruments, and are applied in other Department decision-making pursuant to N.J.A.C. 7:7E-1.2.

The Coastal Permit Program rules establish the procedures by which the Department reviews permit applications and appeals from permit decisions. The Coastal Permit Program rules contain the coastal general permits, permits-by-rule and the Long Branch Redevelopment Zone Permit.

The Freshwater Wetlands Protection Act rules implement the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq. These rules provide stringent standards for activities that disturb freshwater wetlands, transition areas surrounding wetlands and open waters.

The Stormwater Management rules implement certain requirements of the Federal NPDES Phase II Stormwater Permit rules and NJPDES stormwater rules, and also establish design and performance standards for stormwater management measures.

The New Jersey Pollutant Discharge Elimination System (NJPDES) Rules establish the regulatory framework within which the Department regulates the discharge of pollutants to the waters of the State. Effective April 13, 1982, the following rules pertinent to discharges to surface waters are enforceable policies of the NJCMP: Subchapters 1, 2, 5, 6, 11, 12, 13, 15, 16, 18, 19, 20, 21, 24 and 25.

The District Zoning Regulations effectuate the policies and principles of the New Jersey Meadowlands Commission Master Plan. The following subsections of the regulations are enforceable under the New Jersey Coastal Management Program: N.J.A.C. 19:4-2.1, 2.2, 3.2, 4.22, 5.5, 5.8-5.21, 5.24, 7.1-7.10, 8.1, 8.6-8.9, 9.2-9.4, 9.8, 9.9, 9.11, 9.14-9.16, 9.19-9.26).

A description of the statutes cited above follows:

photoThe Waterfront Development Law authorizes the Department to regulate the construction or alteration of a dock, wharf, pier, bulkhead, bridge, pipeline, cable or other similar development on or adjacent to tidal waterways throughout the state. Outside of the CAFRA area and Hackensack Meadowlands District, the Law applies in upland areas adjacent to tidal waters extending from the mean high water line to the first paved public road, railroad or surveyable property line. Upland jurisdiction extends from the mean high water line landward a minimum of 100 feet and not exceeding 500 feet. Within this area, construction, reconstruction, alteration, expansion or enlargement of any structure, or the excavation or filling of any area are subject to this Law.

The Wetlands Act of 1970 authorizes the Department to regulate activities on coastal wetlands that have been delineated and mapped by the Department. Examples of regulated activities include excavation, dredging, fill or placement of a structure on a mapped coastal wetland.

The Coastal Area Facility Review Act (CAFRA) applies to projects near coastal waters in the southern part of the State. The CAFRA area begins where the Cheesequake Creek enters Raritan Bay in Old Bridge, Middlesex County . It extends south along the coast around Cape May, and then north along the Delaware Bay ending at Kilcohook National Wildlife Refuge in Salem County. The inland limit of the CAFRA area is an irregular line that follows public roads, railroad tracks, and other features. The width of the CAFRA area varies from a few thousand feet to 24 miles. The law divides the CAFRA area into zones, and regulates different types of development in each zone. Regulated activities within the CAFRA area include a wide variety of residential, commercial or industrial development such as construction, relocation, and enlargement of buildings and structures; and associated work such as excavation, grading, site preparation and the installation of shore protection structures.

The Hackensack Meadowlands Reclamation and Development Act was enacted to regulate the development of 21,000 acres of Hackensack River Meadowlands in 14 municipalities. The Act created the New Jersey Meadowlands Commission (formerly the Hackensack Meadowlands Development Commission) and set forth three mandates for the Commission (1) oversee the growth and development of the region; (2) protect the delicate balance of nature; and (3) continue to use the Meadowlands to meet the region's solid waste disposal needs.

The Freshwater Wetlands Protection Act was enacted to preserve the purity and integrity of wetlands from random, unnecessary or undesirable alteration or disturbance. The Act regulates most development within freshwater wetlands and their associated transition or buffer areas.

The Law concerning the transportation of dredged materials containing polychlorinated biphenyls (PCBs) provides that the Department cannot permit or authorize the transport of dredge material for the purpose of disposing it in the state waters of the Atlantic Ocean if the dredged material exceeds an effects level of PCB of 113 parts per billion in worm tissue or a level subsequently determined by the Department to be more protective of human health or the environment

A description of the enforceable policies cited above that are not a regulation or statue follows:

The Department's dredging technical manual titled, “The Management and Regulation of Dredging Activities and Dredged Material Disposal in New Jersey's Tidal Waters” dated October 1997 is intended to provide clear and comprehensive policies and procedures for reviewing proposed dredging activities, and the management of dredged material disposal. The manual provides Department staff and project applicants with guidance and criteria for the required sampling, testing and permitting of proposed dredging projects and various dredged material management/disposal/use alternatives.

The NJMC Master Plan dated February 17, 2004 is the primary planning document for the New Jersey Meadowlands Commission. The Master Plan presents a cohesive set of planning principles and standards adopted by the New Jersey Meadowlands Commission to guide future development while protecting the resources of the District. The following system plans and strategies are enforceable under the New Jersey Coastal Management Program: System 1 Natural Environment, Strategies 1, 2, and 3; System 2 Economic Development, Strategy 4; System 3 Transportation, Strategies 1 through 6; System 4 Housing, Strategies 1 through 4; System 5 Community Facilities; Strategies 2 and 3; and System 6 Historic Resources, Strategy 1.

The November 5, 2005 Memorandum of Agreement between the NJDEP and New Jersey Meadowlands Commission identifies the role and responsibilities for each agency in reviewing proposed coastal activities and development within the Hackensack Meadowlands District.

The Department’s Technical Manual for Evaluating Wildlife Impacts of Wind Turbines Requiring Coastal Permits, dated September 2010 sets forth survey protocols to assess the impacts of wind turbines on birds, bats, and in tidal waters marine organisms. Specifically, the technical manual contains the habitat evaluation, impact assessment and pre- and post- construction monitoring guidelines that consist of survey protocols specific to the location of the wind turbine, on land or in tidal waters. The results of the monitoring is used by the Department to evaluate the impacts of wind turbines, determine the extent to which operations are causing direct mortality to birds and bats, and the effects of construction on marine organisms.

 

 

Department: NJDEP Home | About DEP | Index by Topic | Programs/Units | DEP Online
Statewide: NJ Home | Services A to Z | Departments/Agencies | FAQs

Copyright © State of New Jersey, 1996-2015

Last Updated: April 9, 2015