NJDEP - CMP - Enforcable Policies

One of the components of a Coastal Management Program approved under the Federal Coastal Zone Management Act is enforceable policies. Enforceable policies are state policies that are legally binding and by which a state exerts control over coastal uses and resources. In New Jersey, the enforceable policies are contained in the Coastal Zone Management rules (N.J.A.C. 7:7E), the Coastal Permit Program rules, (N.J.A.C. 7:7), the Freshwater Wetlands Protection Act rules, (N.J.A.C. 7:7A), Stormwater Management rules, (N.J.A.C. 7:8), and New Jersey Pollutant Discharge Elimination Systems rules, (N.J.A.C. 7:14A, Subchapters 1, 2, 5, 6, 11, 12, 13, 15, 16, 18, 19, 20, 21, 24 and 25). These rules apply to decisions regarding consistency of proposed federal actions with New Jersey 's Coastal Management Plan under Section 307 of the Federal Coastal Zone Management Act as well as decisions on water quality certifications under Section 401 of the Clean Water Act. Three major state laws are implemented through the Coastal Zone Management rules: the Waterfront Development Law, N.J.S.A. 12:5-3, the Wetlands Act of 1970, N.J.A.C. 13:9A, and the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19. The Hackensack Meadowlands Reclamation and Development Act, N.J.S.A. 13:17, Freshwater Wetlands Protection Act, N.J.S.A. 13:9B and the Law concerning the transportation of dredged materials containing polychlorinated biphenyls (PCBs), N.J.S.A. 13:19-33 and the Department's dredging technical manual titled, “The Management and Regulation of Dredging Activities and Dredged Material Disposal in New Jersey 's Tidal Waters” are additional enforceable policies.

A description of the regulations cited above follows:

The Coastal Zone Management rules represent the State's substantive standards for the use and development of resources in New Jersey 's coastal zone. These rules are used to review permit applications submitted under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq., the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., and the Waterfront Development Law, N.J.S.A. 12:5-3. The rules are also a basis for making recommendations to the Tidelands Resource Council on applications for Tidelands Instruments, and are applied in other Department decision-making pursuant to N.J.A.C. 7:7E-1.2.

The Coastal Permit Program rules establish the procedures by which the Department reviews permit applications and appeals from permit decisions under the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq., the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., and the Waterfront Development Law, N.J.S.A. 12:5-3. The Coastal Permit Program rules contain the coastal general permits, permits-by-rule and the Long Branch Redevelopment Zone Permit.

The Freshwater Wetlands Protection Act rules implement the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq. These rules provide stringent standards for activities that disturb freshwater wetlands, transition areas surrounding wetlands and open waters.

The Stormwater Management rules implement certain requirements of the Federal NPDES Phase II Stormwater Permit rules and NJPDES stormwater rules, and also establish design and performance standards for stormwater management measures.

The New Jersey Pollutant Discharge Elimination System (NJPDES) Rules establish the regulatory framework within which the Department regulates the discharge of pollutants to the waters of the State. Effective April 13, 1982, the following rules pertinent to discharges to surface waters are enforceable policies of the NJCMP: Subchapters 1, 2, 5, 6, 11, 12, 13, 15, 16, 18, 19, 20, 21, 24 and 25.

A description of the statutes cited above follows:

The Waterfront Development Law authorizes the Department to regulate the construction or alteration of a dock, wharf, pier, bulkhead, bridge, pipeline, cable or other similar development on or adjacent to tidal waterways throughout the state. Outside of the CAFRA area and Hackensack Meadowlands District, the Law applies in upland areas adjacent to tidal waters extending from the mean high water line to the first paved public road, railroad or surveyable property line. Upland jurisdiction extends from the mean high water line landward a minimum of 100 feet and not exceeding 500 feet. Within this area, construction, reconstruction, alteration, expansion or enlargement of any structure, or the excavation or filling of any area are subject to this Law.

The Wetlands Act of 1970 authorizes the Department to regulate activities on coastal wetlands that have been delineated and mapped by the Department. Examples of regulated activities include excavation, dredging, fill or placement of a structure on a mapped coastal wetland.

The Coastal Area Facility Review Act (CAFRA) applies to projects near coastal waters in the southern part of the State. The CAFRA area begins where the Cheesequake Creek enters Raritan Bay in Old Bridge , Middlesex County . It extends south along the coast around Cape May, and then north along the Delaware Bay ending at Kilcohook National Wildlife Refuge in Salem County . The inland limit of the CAFRA area is an irregular line that follows public roads, railroad tracks, and other features. The width of the CAFRA area varies from a few thousand feet to 24 miles. The law divides the CAFRA area into zones, and regulates different types of development in each zone. Regulated activities within the CAFRA area include a wide variety of residential, commercial or industrial development such as construction, relocation, and enlargement of buildings and structures; and associated work such as excavation, grading, site preparation and the installation of shore protection structures.

The Hackensack Meadowlands Reclamation and Development Act was enacted to regulate the development of 21,000 acres of Hackensack River Meadowlands in 14 municipalities. The Act created the New Jersey Meadowlands Commission (formerly the Hackensack Meadowlands Development Commission) and set forth three mandates for the Commission (1) oversee the growth and development of the region; (2) protect the delicate balance of nature; and (3) continue to use the Meadowlands to meet the region's solid waste disposal needs.

The Freshwater Wetlands Protection Act was enacted to preserve the purity and integrity of wetlands from random, unnecessary or undesirable alteration or disturbance. The Act regulates most development within freshwater wetlands and their associated transition or buffer areas.

The Law concerning the transportation of dredged materials containing polychlorinated biphenyls (PCBs) provides that the Department cannot permit or authorize the transport of dredge material for the purpose of disposing it in the state waters of the Atlantic Ocean if the dredged material exceeds an effects level of PCB of 113 parts per billion in worm tissue or a level subsequently determined by the Department to be more protective of human health or the environment

A description of the enforceable policies cited above that are not a regulation or statue follows:

The Department's dredging technical manual titled, “The Management and Regulation of Dredging Activities and Dredged Material Disposal in New Jersey's Tidal Waters” dated October 1997 is intended to provide clear and comprehensive policies and procedures for reviewing proposed dredging activities, and the management of dredged material disposal. The manual provides Department staff and project applicants with guidance and criteria for the required sampling, testing and permitting of proposed dredging projects and various dredged material management/disposal/use alternatives.