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NON-REGULATED OR EXEMPT ACTIVITIES
In response to Superstorm Sandy, the Division has identified certain types of activities that can be conducted without a permit in the coastal zone. NO DIVISION AUTHORIZATION IS REQUIRED prior to conducting the activities listed below. Please note that these activities may require Local or other State and/or Federal approvals, depending on the activity and the location.
CAFRA Area
The CAFRA area contains beaches, dunes and areas within 500 feet of the beach or dune or tidal waters from Cheesequake Creek in Middlesex County to Killeohook National Wildlife Refuge in Salem County.
The following activities do not need a permit:
- The repair and maintenance of buildings such as replacing siding, windows or roofs.
- The reconstruction of any habitable or non-habitable legal structure that was destroyed in the storm as long as the structure is replaced in the same footprint and is not enlarged.
- Debris removal and clean up in areas other than beaches or dunes (See the separate section for these special areas).
Waterfront Areas
For areas outside of the CAFRA area above, the Waterfront Area is all areas within 500 feet of tidal water. The following activities do not need a permit:
- The repair and maintenance of buildings such as replacing siding, windows or roofs.
- The reconstruction of any structure if the structure is located more than 100 feet from the tidal water area.
- Debris removal and clean up.
Tidal Wetlands
The following activities do not need a permit:
- The emergency maintenance or repair of bridges, roads, highways, railroad beds or the facilities of any utility or municipality.
Tidal Waters
The following activities do not need a permit:
- The reconstruction or replacement of legal bulkheads, docks, boat lifts, pilings at residential properties and marinas, provided the structures are replaced in the same location (footprint) and in the same size.
- The replacement of legal homes over the water provided they are replaced in the same footprint and are not enlarged.
Marinas
Damaged marina structures that were legally existing prior to Hurricane Sandy may be reconstructed without obtaining CAFRA and waterfront development permits, provided:
- They are reconstructed in the same footprint without enlargement or relocation;
- The number of dwelling units or parking spaces is not increased; and
- The area covered by buildings, concrete or asphalt is not increased .
In addition, waterfront development structures, including bulkheads must be replaced to the previously existing elevation to qualify for the exemption from permit requirement. The citation for the CAFRA exemption from permit requirement is found at N.J.A.C. 7:7-2.1(c)3. The citation for the Waterfront Development Zane exemption is found at N.J.A.C. 7:7-2.3(d)6.
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