Coastal Wetland Map Promulgation
Changes to Promulgated Maps
The Department regulates activities within coastal wetlands pursuant to the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq. The Act required the Commissioner to inventory and map the boundaries of all coastal wetlands within the State from the Raritan Bay south. In the early 1970s, the Department delineated areas which met the definition of “coastal wetland” per the Act. The Act enables the Commissioner to adopt, amend, modify or repeal orders regulating, restricting or prohibiting dredging, filling, removing or otherwise altering, or polluting, coastal wetlands for the purposes of promoting the public safety, health and welfare, and protecting public and private property, wildlife and marine fisheries. Because the coastal wetlands maps are promulgated by rule, the Department must undertake rulemaking in order to revise the maps.
Rulemaking to Amend Coastal Wetland Maps
On April 6, 2015, the Department proposed to amend the boundaries reflected on coastal wetland maps applicable to the Holgate section of Long Beach Township, Ocean County. This rulemaking reflected the Department’s determination of current conditions in coastal wetlands depicted by Coastal Wetlands Maps 252-2112 and 259-2112 in response to a petition for rulemaking from Kevin J. Coakley, Esq. on behalf of Mark Davies Builders & Developers LLC, David Collins and Esther Tessel Collins, Kim Lambert, and Michelle Forte. To view a copy of the proposal click here.
Notice of Substantial Change on Adoption
On April 4, 2016, the Department published a notice of substantial change on adoption to revise the proposed boundary depicted by Coastal Wetlands Map 252-2112 in response to a comment received during the public comment period following the original proposal. The commenter objected to the Department’s delineation of the coastal wetlands on a property adjacent to the petitioners’ property (Block 1.61, Lot 1). During the Department’s investigation of the area preceding the original proposal, the owners of this property did not grant Department staff permission to enter and investigate the parcel. The Department’s delineation of coastal wetlands on this property was thus approximated through the use of aerial photography and by observing the property from the petitioners’ property and public roadways. Following the close of the public comment period, the Department was granted permission to enter Block 1.61, Lot 1. Department staff determined the actual extent of coastal wetlands on the property. As a result of this proposed revision to the coastal wetlands boundary, a smaller area of this property will be mapped as coastal wetlands than originally proposed in April 2015. However, there will still be an overall increase in the amount of mapped coastal wetlands on this property. To view a copy of the notice of substantial change on adoption, click here.
For illustrative purposes, the Department has prepared three maps, referred to as Figures 1, 2, and 3, depicting the current coastal wetlands boundary, the originally proposed coastal wetlands boundary, and the proposed change to the proposed coastal wetlands boundary: Figure 1, Existing Coastal Wetland Boundary as depicted on Coastal Wetland Maps 252-2112 and 259-2112; Figure 2, Proposed Coastal Wetland Boundary Coastal Wetland Maps 252-2112 and 259-2112; and Figure 3, Revisions to Proposed Coastal Wetlands Boundary Subject to Notice of Substantial Change Block 1.61, Lot 1 Coastal Wetland Maps 252-2112 and 259-2112. The figures are available for download below.
Figure 1 (PDF)
Figure 2 (PDF)
Figure 3 (PDF)
As explained in the notice of substantial change, the revisions to the proposed coastal wetlands boundary are depicted on an overlay to Coastal Wetlands Maps 252-2112 and 259-2112 which is available for review at the Department’s Division of Land Use Regulation in Trenton by filling out an Open Public Records Act (OPRA) request. Further, copies of all promulgated coastal wetland maps and the overlay depicting the originally proposed amendments to the coastal wetlands maps are available for viewing at the Division of Land Use Regulation office in Trenton by filling out an OPRA request. Georeferenced digital copies of the 1970 coastal wetland base maps are available through a Web Map Service (WMS). GIS or GIS compatible software is required to utilize this service. Please see the New Jersey Geographic Information Network Orthoimagery WMS for more information.