NJDEP Coastal & Land Use Compliance & … NJDEP Coastal & Land Use Compliance & Enforcement CAFRA & Waterfront Development Jurisdiction Overview January 17, 2013 Michele Kropilak Toms

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NJDEP Coastal & Land Use Compliance & Enforcement

CAFRA & Waterfront Development Jurisdiction Overview

January 17, 2013

Michele Kropilak Toms River Office 732-255-0787 [email protected]

Rules and Regulations• Coastal Area Facility Review Act (CAFRA) (N.J.S.A. 13:19)

• Waterfront Development Law (N.J.S.A. 12:5-3)

• Tidelands Act (N.J.S.A. 12:3) & (N.J.A.C. 7:7)

• Coastal Permit Program Rules (N.J.A.C. 7:7)- Procedures for obtaining/appealing coastal permits ( including CAFRA/Waterfront Development) as well as enforcement of same

• Coastal Zone Management Rules ( N.J.A.C 7:7E)- coastal zone policies which govern permit decisions.

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CAFRA

• The CAFRA law regulates certain development activities including residential, commercial, public or industrial development within the defined CAFRA area.

• Includes construction, relocation and enlargement of buildings or structures; and all related work, such as excavation, grading, shore protection structures, and site preparation

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CAFRA - What’s Regulated? (Overview)• Zone 1 - Any development on a beach or dune

• Zone 2 – Between mean high water line (or land ward limit of a beach or dune) and a point 150 feet land ward.

A) No intervening development – all activity regulated

B) Intervening development- all residential development of 3 of more dwelling units and commercial developments with 5 or more parking spaces

• Zone 3 – greater than 150 ft to 500 ft landward/ within qualifying muni or city of fourth class with population over 30,000

A) Residential development having 25 or more dwelling units

B) Commercial development with 50 or more parking spaces

C) Public or Industrial development

CAFRA - What’s Regulated? (Overview)

• Zone 4 – greater than 500 ft landward/ within qualifying muni or city of fourth class with population over 30,000

A) Residential development having 75 or more dwelling units

B) Commercial development with 150 or more parking spaces

C) public or industrial development

• Zone 5 – greater than 150 ft landward and not Zone 3 or 4

A) Residential development having 25 or more dwelling units

B) Commercial development having 50 or more parking spaces

C) Public or Industrial development

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CAFRA – Not regulated/exempt activities

Too many to list – but here are a few examples:

• Construction/reconstruction/elevation in the same footprint of development of a structure - no expansion

• Patio/deck or similar structure ( sheds under 120 sq ft, fences, flower boxes etc.) at a residential development as long as it does not result in the grading, excavation or filling of a beach, dune or wetland

• Solar panels/smaller sized wind turbines attached to a legally existing building, utility pole/impervious surface.

• Development/utility/repaving work within existing right of ways- no expansion and no new pavement.

Permits by Rule – no submission to NJDEP required*

* if you meet all conditions

Once again- too many to list but here are a few common ones…• Voluntary reconstruction of a non-damaged development within the

same footprint, in compliance with all other State, Federal, Local laws• Single family home expansion up to 400 sq. ft on the nonwaterward

side of a natural waterway constructed after 7/19/1994 and not on a beach, dune or wetland.

• Development of one single family home/accessory structures on a bulkheaded lagoon lot with sewer service

• Construction of a utility line attached to a bridge or culvert • Construction of a boatwash system at a marina to comply with

NJPDES rules.• Certain small wind turbines with restrictions• Some Solar Panel systems with restrictions

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Structures on a beach need CAFRA permit

Revetment wall and filling/grading beach

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Excavation of dune and placement of sand in Atlantic Ocean

Grading/clearing a dune is prohibited unless part of a beach mgmt plan/permit

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Expansion of Bar Deck on Beach

Coastal Bluffs – Under CAFRA, development is regulated not clear cutting – *might be regulated under Flood Hazard Rules – as a riparian zone

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Many Retaining walls within 150 ft of beach, dune or MHWL need a permit

Examples of In ground Pools that need CAFRA permits

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New development requires CAFRA permit and must meet public access requirements

Public access walkway to oceanfront beach

CAFRA Permits may require Stormwater mgmt basins

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Waterfront Development • Projects or structures built or proposed in a tidally flowed

waterway anywhere in New Jersey require a permit and a tidelands instrument.

• What’s Regulated? Examples of projects that need a Waterfront Development Permit include docks, piers, pilings, boat lifts, floating docks, bulkheads, marinas, bridges, pipelines, cables, and dredging.

• For development outside the CAFRA zone, the Waterfront Development Law regulates not only tidal waters but areas adjacent from 100 to 500 feet inland from the tidal water body. Examples include areas along Delaware River & Hudson River

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Waterfront Development Zane Exemption

• Repair, replacement, renovation or reconstruction in the SAME LOCATION and SIZE ( length, width and height) of the preexisting structure of any dock, floating dock, wharf, pier, bulkhead or building that appears on the applicable Tidelands Map from 1977/1978 or Coastal Wetlands Map from 1971/1972, or that received a Waterfront Development Permit subsequent to the date of the maps.

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Dredging for backfill of a bulkhead

Bulkhead Failure – Emergency Permit request

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Even temporary structures need permits

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Waterfront Development- Property Line disputes

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Marina - Oversized floating docks outside Tidelands area and within

shellfish habitat

Bulkhead Install- Note height vs. adjacent properties

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Dock Violation-- oversized/Coastal Wetlands/

Navigation Hazard/no Tidelands

Jurisdictional DeterminationsZane Letters

• Request a jurisdictional determination/zane letter from the Department to determine whether a proposed project is subject to CAFRA, Waterfront Development rules/regulations.

When in doubt or to guarantee compliance, get one prior to commencing site prep and/or construction

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POST SANDY Administrative Order 2012-13

The Commissioner issued on November 3, 2012 for certain public infrastructure damage sustained by Sandy.

If County or Municipality is planning on seeking FEMA reimbursement for reconstruction of certain public infrastructure(repair in same footprint or repair of scouring), you will need to submit an inventory of projects/info/report to the Department for review and approval by May 2, 2013. For more information on the AO related to Sandy, please visit http://www.state.nj.us/dep/landuse/AO2012-13.html.

SANDY INFO Dock/Bulkhead Repairs

Do I need a permit to replace or repair my dock, pilings, boat lift or bulkhead at my residential or marina property?

No permit is required for all structures listed above that legally existed prior to the hurricane if they are repaired or replaced in the same location and footprint. If you propose to increase the height of your bulkhead or docks or reconfigure your docks, you may request an emergency permit. A Waterfront Development permit would be required if you are increasing the height of your bulkhead or dock or reconfiguring your docks. In addition, authorization from the Army Corps of Engineers may be required for any work below the mean high water line.

Do I need a permit to replace or repair my dock, pilings, boat lift or bulkhead at my non-residential property?

Yes, a permit is required for any work below the mean high water line at a commercial, industrial or public property with the exception of marinas (See Marina FAQ above for more information). The Department also issued Administrative Order No. 2012-13 on November 3, 2012 that waives certain DEP permit requirements for State, County and Municipal agencies from DEP’s formal permit procedures. Repair or reconstruction of a bulkhead or similar shoreline stabilization structure on public property may qualify for the Administrative Order. In addition, authorization from the Army Corps of Engineers may be required for any work below the mean high water line.

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SANDY INFO Reconstruction in a CAFRA area

Do I need a permit to rebuild my house or building damaged in the hurricane?

No CAFRA permit is required to reconstruct any legally existing structure damaged by Hurricane Sandy provided the reconstruction does not result in enlargement or relocation of the pre-existing footprint of disturbance.

• Note: However, if the property is located within a tidal floodplain, then the reconstruction would fall under the jurisdiction of the Flood Hazard Area Control Act and a permit may be required. Under the Flood Hazard Area Rules you may meet a permit by rule to repair (the cost of repair is less than 50% of the replacement value) a structure in accordance with N.J.A.C.7:13-7.2(b)4 without the need for a permit application. If you are reconstructing (the cost of repair is greater than 50% of the replacement value) a single family dwelling or duplex, the reconstruction will require an application for a Flood Hazard Area General Permit #6 in accordance with N.J.A.C.7:13-8.8. If you are reconstructing (the cost of repair is greater than 50% of the replacement value) any other type of habitable structure, the reconstruction will require an application for a Flood Hazard Area Individual Permit in accordance with N.J.A.C.7:13-9. Please note that the tidal floodplain affects the entire barrier island system as well as other areas adjacent to tidal water bodies. Should you have additional questions on these issues, please contact the Department at (609) 292-2953.

SANDY INFO How to Request a Land Use Emergency Authorization

SEE : www.nj.gov/dep/landuse/emergency.html

• In general, an emergency authorization allows an applicant to undertake a regulated activity (when conditions warrant immediate action to protect the environment and/or public health, safety and welfare), before a formal permit can be issued.

• An applicant applying for an emergency permit shall provide the Department with the following information by telephone, electronic mail or letter:

• The nature and cause of the emergency;

• The date and time at which the applicant learned of the emergency;

• The nature and extent of the proposed regulated activities;

• The date by which the applicant expects to begin the proposed regulated activities;

• The date by which the applicant expects to complete the proposed regulated activities;

• The precise location of the proposed regulated activities, including lot, block, municipality, and county; (a map would be helpful) and identity of the owner of the site

• A demonstration that the property owner has given permission for the regulated activities to be performed or, in the case of a public entity intending to undertake regulated activities on private property through power of eminent domain, a written statement of the public entity’s intent;

• Photographs of the area in question;

• A drawing, sketch, plan or survey of the proposed emergency activities to be undertaken; and

• Detailed narrative of the work to be undertaken.

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SANDY INFO • Beach and Dune Restoration & Maintenance:

• Communities and private property owners that have a general permit or individual CAFRA permit to perform beach and dune maintenance may conduct the following activities without additional land use permits:

• Bulldozing of sand from the lower beach profile (above the low water line) to the upper beach profile to restore the beach berm width and elevation;

• The transfer of sand along the beach (borrow areas are not to be scraped deeper than one foot);

• The temporary placement of concrete, rubble or sand filled geotextile bags or tubes (seaward of any remaining dunes) THIS MATERIAL MUST BE CLEAN AND NON-CONTAMINATED;

• Dune restoration, repair and enhancement;

• Removal of clean sand from streets/parking areas and placement onto the eastern toe of the remaining dune, the oceanfront beach or used to establish dunes.

• For additional information regarding emergency post-storm beach restoration, see section 7:7E-3A.3 "Standards applicable to emergency post-storm beach restoration in the Coastal Zone Management Rules". If you do not currently have a general permit or individual CAFRA permit please contact the NJDEP Division of Land Use Regulation at (609) 292-2953 for an emergency permit to perform these activities on the beachfront.

“Post Sandy” Sand must be sifted/screened

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Post Sandy- Reconstruction of legal bulkhead in original location – no permit needed

Tools in the Field –How you can assist

• Camera - ALWAYS take a picture or two or twenty

• Measure – Actually measure it! - Eyeball it, or pace off and note area impacted

• Site location/taxmap/site map- on large sites, mark on tax map where potential violation is

• Any contact info- names/numbers you may have

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Division of Land Use Regulation(DLUR) Contact Info

• WEBSITE – www.nj.gov/dep/landuse

• Email questions : [email protected] use online contact form

• CAFRA/Coastal Wetlands/Flood Hazard/Waterfront Development Tidelands/Freshwater Wetlands//Highlands 609-777-0454

• Dredging/Marinas 609-633-3801

• Pre-application Meetings can be scheduled to review projects prior to submittal to NJDEP.

• Jurisdictional determination letters may be obtained for projects from DLUR

Tools Available on the NJDEP Websitewww.nj.gov/dep

HOTLINE #1-877-927-6337 ( 1-877-WARNDEP)

• NJ Geoweb – GIS -maps/aerials/layers

• Data Miner – check for NJDEP data online

• OPRA – Open public records requests can be completed online

• Hurricane Sandy Page – check for specific rebuild/restore guidance

• Compliance & Enforcement Advisories – subscribe at:

www.nj.gov/dep/enforcement/listserv.html

• Land Use Permitting E newsletter – subscribe at: www.nj.gov/dep/landuse/subscribe.html

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Questions&

NJDEP BCLUCE Contact Information

• QUESTIONS???

– Trenton Office, (609) 292-1240• Counties: Northern and Central Burlington, Southern Bergen, Camden,

Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Eastern Morris, Eastern Passaic, Salem, Somerset, & Union

• Mailing Address: 401 East State P.O. Box 420, Mail Code 401-04C, Trenton, NJ 08625

– Toms River Office, (732) 255-0787• Counties: Atlantic, Southern Burlington, Cape May, Monmouth, &

Ocean• Mailing Address: 1510 Hooper Ave, Suite 140, Toms River, NJ 08753

– Chester Office, (908) 879-3769• Counties: Northern Bergen, Passaic, Morris, Sussex, & Warren• Mailing Address: 100 North Road, Chester, NJ 07930