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Division of Land Use Regulation
State of New Jersey Department of Environmental Protection

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COASTAL GENERAL PERMIT 35 – for commercial shellfish aquaculture activities

The Coastal General Permit 35 authorizes construction and/or placement and maintenance of shellfish aquaculture equipment, such as floating upwellers, shellfish rafts, racks and bags, lantern nets, and cages.  The particulars of this general permit include:   

  • The structures are located in an area with a valid shellfish lease.
  • The structures are not located within submerged infrastructures routes, shipwreck and artificial reef habitat or wetlands.
  • The structures are not placed within designated navigation channels. 
  • The structures should not be not located within 50 feet of a navigation channel, unless it can be demonstrated they will not hinder navigation.
  • The boundaries of the area containing the aquaculture structures must be clearly marked in accordance with the US Coast Guard requirements.
  • Non-polluting materials are used in the structures, which are then properly secured and do not interfere with fishing.
  • All structures are removed when the activity ceases, or when the shellfish lease expires or is terminated.
  • Notification must be sent to the Bureau of Shellfisheries when the activity ceases, or when the shellfish lease expires or is terminated.

You can read the full details in the rule at N.J.A.C.7:7-7.35.

If your project does not meet the requirements or limitations of Coastal General Permit 35, it may qualify for a permit-by-rule, other general permit, or a Waterfront Development Individual Permit.  Please review those tabs under Coastal Permitting for additional information.

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Last Updated: January 9, 2014