If you currently have an artificial feature (for example a roadway, utility line drainage ditch, outfall, bulkhead, etc.) which is lawfully existing, currently serviceable and is located within one or more regulated area(s), you wish to repair, rehabilitate, replace, reconstruct or otherwise maintain it, it may require a permit from the Division for that activity.

Depending on what regulated area

Depending on which "special area" the your activity falls within, you could have multiple permits and/or permit requirements from the Division.

For example for Maintenance and/or Repair in coastal areas, you would need a coastal permit, in inland locations within freshwater wetlands, a Freshwater wetlands permit. There are cases however where coastal wetlands, as designated on the promulgated mapping, ends before the actual wetlands end. In these cases, those additional wetlands fall under the jurisdiction of the Freshwater Wetlands Protection Act, even though, from a botany standpoint, they are Coastal Marsh.

 

 

If you have determined that what you wish to repair or maintain is within a Freshwater Wetlands and/or a State open water, then you would likely need a Freshwater wetlands permit from this Division. If you do not know if it is within one of the above regulated features, you can apply for a Letter of Interpre

Normal property maintenance activities and maintenance or repair of a structure will likely not need formal written approval under the Flood Hazard Area Control Act Rules (FHACAR).

Normal property maintenance such as mowing or pruning of vegetation, etc. will qualify for Permit by Rule (PBR) (b) 1 at N.J.A.C. 7:13-7.2(b)1.  Under this PBR, you can continue to maintain areas that are already lawns, gardens, park, etc., however you cannot cut down vegetation to create a new lawn, garden, park, etc.  Creating a new area will require an individual permit.

Maintenance and/or repair of a structure will likely qualify for either PBR (a) 1 or PBR (b) 2.

• PBR (a) 1 at N.J.A.C. 7:13-7.2(a)1 allows for the reconstruction of a structure outside of the floodway.  If the structure to be reconstructed is within the floodway (such as a bridge or culvert), it cannot qualify for this PBR.  Reconstruction is defined as ….
• PBR (b) 2 at N.J.A.C. 7:13-7.2 (b)2 allows for the repair of a structure.  This PBR does not limit you to areas outside the floodway as (a) 1 does, however, it limits you to repair only.  Repair is defined as …. 

Whether your maintenance or repair project requires a coastal permit is determined based on the site location and the project details.  To a great extent, general maintenance and repair is not regulated by CAFRA or Waterfront Development.   CAFRA regulates “Development” which specifically does not include repairs or maintenance such as replacing siding, windows or roofs, unless such repairs or maintenance are associated with enlargements which are not exempt pursuant to N.J.A.C. 7:7-2.1(c) 4 or the Waterfront Development Law pursuant to N.J.A.C. 7:7-2.3(d). Development under CAFRA does not include debris removal or cleanup provided such activities do not involve excavation, grading or filling on beaches or dunes.  Increasing parking spaces by restriping is not regulated.

See the “Jurisdiction” section of the "Coastal Permitting" webpage to determine which areas regulated under the Coastal Permit Program rules N.J.A.C. 7:7-1.1 et seq. and the Coastal Zone Management rules N.J.A.C. 7:7E-1.1 et seq occur on your site. Which permits are available for a project depends on where your project is sited.

If the project does not meet the limitations or otherwise does not comply with an exemption, permit-by-rule or general permit it generally will require a Waterfront Development, CAFRA, and /or Coastal Wetland Individual Permit.  Additional information regarding the coastal program can be found on the Coastal Areas section of this website.  Please contact us for further assistance.

Exemptions

The following types of activities may qualify for an exemption from permitting.  Full details in the applicable rule.  

• Construction, maintenance, repair or replacement of linear development (CAFRA), pursuant to N.J.A.C. 7:7-2.1(b) 2.
• Roadway maintenance by a public entity (CAFRA), pursuant to N.J.A.C. 7:7-2.1(c) 6.
• Reconstruction of a legally existing development damaged after July 19, 1994 in the same footprint (CAFRA), pursuant to N.J.A.C. 7:7-2.1(c) 3.
• Construction, alteration, expansion or reconstruction of single family home or addition if greater than 100 feet landward of the mean high water line (upland WFD), pursuant to N.J.A.C. 7:7-2.3(d).
• Reconstruction, conversion, alteration or enlargement of any existing structure located more than 100 feet landward of the mean high water line, without change in land use and the enlargement is less than 5,000 square feet (upland WFD), pursuant to N.J.A.C. 7:7-2.3(d).
• Minor additions or changes in existing structures located on the existing cleared area of the site, does not resulting in adverse impacts to special areas, and set back a minimum of 15 feet landward of the mean high water line (upland WFD), pursuant to  N.J.A.C. 7:7-2.3(d)
• Repair, replacement, renovation or reconstruction, in the same location and size, as measured in three dimensions (length, width and height), of the preexisting structure, of any dock, wharf, pier, bulkhead or building legally existing prior to January 1, 1981 (WFD), pursuant to N.J.A.C. 7:7-2.3(d)
• Repair, replacement, renovation or reconstruction, in the same location and size, as measured in three dimensions (length, width and height), of the preexisting structures, of any floating dock mooring raft or similar temporary or seasonal improvements or structure existing prior to January 1, 1981 (WFD), pursuant to N.J.A.C. 7:7-2.3(d)
• Redecking and replacement of bridge surfaces without change in width, length or height (WFD), pursuant to  N.J.A.C. 7:7-2.3(d)

This coastal permit-by-rule may apply to maintenance and repair --

Permit-by-rule 7 for voluntary reconstruction of a non-damaged, currently habitable, legally constructed residential or commercial development within the same footprint. See N.J.A.C. 7:7-7.2(a)7 for full details and limitations.

These coastal general permits may apply to maintenance and repair projects:

• Coastal General Permit 6 for beach and dune maintenance activities. See N.J.A.C. 7:7-7.6 for full details and limitations, and Beach and Dune section of Common projects for more information.
  
• Coastal General Permit 7 for voluntary reconstruction of certain non-damaged structures landward of the existing footprint of development. See N.J.A.C. 7:7-7.7 for full details and limitations.
  
• Coastal General Permit 9 is for expansion, or reconstruction of a single family home or duplex not on a bulkheaded lot.  See N.J.A.C. 7:7-7.9 for full details and limitations.
  
• Coastal General Permit 14 is for reconstruction of a legally existing functioning bulkhead on a lagoon lot. See N.J.A.C. 7:7-7.1 for full details and limitations.
  
• Coastal General Permit 20 for minor maintenance dredging in man-made lagoons, pursuant to  N.J.A.C. 7:7-7.20

Tidelands, also known as riparian lands, are all those lands now or formerly flowed by the mean high tide of a natural waterway; that is to say any land that is currently or was previously covered by tidal waters.  The State of New Jersey, and therefore the people of New Jersey, owns all Tidelands except for those to which it has already sold its interest in the form of a riparian grant.  It is important to note that the State generally does not own artificial waterways such as lagoons however, the State does claim those lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior to the creation of the lagoon.

Maintenance and/or repair activities that are proposed in a tidelands area may require a tidelands license if the activities are taking place at or below the mean high water line of a tidal waterway or a tidelands grant if the activities are taking place in an area that is currently landward of the mean high water line but was, at some point, flowed by the tide.

A tidelands license is a short term revocable rental document to use tidelands generally for structures such as docks, bulkhead extensions, mooring piles, and other temporary structures as well as for dredging projects. Licenses are project specific and expire after a finite term ranging from one to ten years. Most licenses may be renewed.

A riparian grant, or tidelands grant, is a deed from the State of New Jersey selling its tidelands. Tidelands grants are generally only issued for lands that have already been filled in and are no longer flowed by the tide.

For more information on tidelands instruments, please see the tidelands section of this website.

For information and instruction on how to determine whether you are in an area that may require either a license or a grant, or for information how to apply for Tideland instruments please see the "Before you Build, Before you Buy" webpage.