NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT
DIVISION OF LAND USE REGULATION
Notice of Rule Proposal:
Coastal Permit Program rules, N.J.A.C. 7:7, Coastal Zone Management rules, N.J.A.C. 7:7E
Take notice that the NJ Department of Environmental Protection is proposing to restructure when and how it requires public access to tidal waters and their shorelines under the Coastal Permit Program rules, N.J.A.C. 7:7, and the Coastal Zone Management (CZM) rules, N.J.A.C. 7:7E. The changes are proposed in response to the ruling of the Appellate Division limiting the Department’s authority to require additional parking and restrooms from municipalities receiving State shore protection funding (see Borough of Avalon v. NJ Department of Environmental Protection, 403 N.J. Super. 590 (App. Div. 2008)), due to Legislative action (see Public Access and Marina Safety Task Force Act, N.J.S.A. 13:19-38 et seq.), and because the Department believes that public access to tidal waters can be provided in a more effective and comprehensive manner. The proposed amendments to the CZM rules establish public access requirements for new development based upon the type of development, for example, residential versus marina development. In addition, the scenic resources and design rule is proposed to be modified to exempt governmental agencies from the setback requirement where the proposed structures are greater than 15 feet in height where certain criteria are satisfied. The proposal also modifies the coastal general permit for beach and dune maintenance activities to only apply to municipalities that have a Department-approved municipal access plan. Amendments to the coastal general permit for tourism structures located on beaches are also being proposed to allow certain structures to remain year-round, except when severe weather is predicted.
The proposal is scheduled to be published in the New Jersey Register dated April 4, 2011. A copy of the proposal is available from: the Department’s website; at County libraries, or by contacting LexisNexis Customer Service at (800) 223-1944 orwww.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.
Public hearings concerning the proposal are scheduled as follows:
Thursday, May 12, 2011 at 11:00 A.M.
Liberty State Park Central Railroad Terminal Building
Blue Comet Auditorium
1 Audrey Zapp Drive
Jersey City, NJ 07305
Tuesday, May 17, 2011 at 11:00 A.M.
Richard Stockton College of New Jersey
Townsend Residential Life Center Multi-Purpose Room
Jimmie Leeds Road
Pomona, NJ 08240
Written comments may be submitted by June 3, 2011 to:
NJ Department of Environmental Protection
Gary Brower, Esq.
ATTN: DEP Docket No. 05-11-03
Office of Legal Affairs
401 East State Street, 4th Floor
PO Box 402
Trenton, New Jersey 08625