06/03/09: Notice of Approval-Routine Program Change

Federal regulations require states with approved coastal management programs to submit changes to their coastal management program to the Office of Ocean and Coastal Resource Management (OCRM) so that they can determine if the program remains approvable after the changes.

In compliance with these regulations, on March 12, 2009 the NJ Department of Environmental Protection submitted to OCRM a request for concurrence with the Department's determination that the incorporation of regulatory amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, specifically N.J.A.C. 7:7E-1.1, 1.5, 1.6, 1.8, 3.4 and 3.21 that were proposed on March 5, 2007 and adopted April 7, 2008 constitute a routine program change to New Jersey's approved Coastal Management Program.

By letter of April 14, 2009, OCRM concurred with the Department's determination. Notice of OCRM's findings was published in the June 1, 2009 New Jersey Register.  The Federal consistency requirements of the Federal Coastal Zone Management Act apply to the approved provisions as of June 1, 2009.

To view a copy of the New Jersey Register notice click here.

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03/16/09: Notice of Request for Approval of Routine Program Change for Coastal Management Program-Incorporation of CZM Regulatory amendments

Federal regulations require states with approved coastal management programs to submit any changes or amendments to their coastal management programs to the Office of Ocean and Coastal Resource Management so that they can determine if the program, after the change, remains approvable.

In compliance with these regulations, the Department is proposing to amend New Jersey's Federally approved Coastal Management Program to incorporate regulatory amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, specifically N.J.A.C. 7:7E-1.1, 1.5, 1.6, 1.8, 3.4 and 3.21 that were proposed on March 5, 2007 and adopted April 7, 2008.  The adopted amendments reorganize and refine the purpose and scope of the Coastal Zone Management rules; update the goals of the Coastal Zone Management rules and New Jersey's Coastal Management Program; refine the definition, and incorporate new digital mapping of prime fishing areas; and add the Shawcrest/Hildreth Island to the list of bay islands exempted from the bay island rule.  The Department is asking that NOAA's Office of Ocean and Coastal Resource Management concur that incorporating the above listed rulemaking actions into New Jersey's federally approved Coastal Management Program constitutes a Routine Program Change.  To view the submittal click on one of the following:

Routine Program Change analysis (PDF)
Rule text subject to program change (PDF)
Attachment "A" - enforceable mechanism (PDF)
NJR Notice (PDF)

Comments on whether or not these actions should be considered Routine Program Change should be sent by April 6, 2009 to:

National Oceanic and Atmospheric Administration
Office of Ocean and Coastal Resource Management
Attn: Mr. John King
SSMC4 N/ORM3 Rm. 11305
1305 East West Highway
Silver Spring , MD 20910

For further information concerning the above, contact Kimberly Springer at (609) 633-2201.

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01/21/09: Coastal Zone Management Rules – Bay Islands, Filled Water’s Edge, Atlantic City, and Traffic

On January 20, 2009, the DEP published in the NJ Register a proposal to amendment the Coastal Zone Management rules, specifically the Bay islands rule, the Filled water’s edge rule, the Atlantic City rule, and the Traffic rule.  The proposed amendments: add the 143-acre Bader Field, a former airfield in Atlantic City, to the list of areas which, for the purposes of this chapter, are not considered bay islands; allow the Filled water’s edge rule to be satisfied in the area of Bader Field by provision of a public walkway in lieu of setting aside a 100 foot wide area along the waterfront for future water-dependent use;  modify the list of street ends protected from development under the Atlantic City rule by removing certain street ends from protected status and adding other street ends to balance those that will no longer be protected; change the standard of the Atlantic City rule applicable to protected street ends from prohibited to discouraged;  modify the parking requirements of the Traffic rule that apply to municipalities that border the Atlantic Ocean by establishing parking requirements based on the size of residential development unit, requiring one rather than two spaces per unit for units of 650 square feet or less; limit the parking requirements of the Traffic rule to areas within one-half mile of an oceanfront beach or dune.

The comment period on this proposal ends March 21, 2009.

View the notice of rule proposal: http://www.state.nj.us/dep/rules/notices/012009b.html
View the rule proposal (pdf): http://www.state.nj.us/dep/rules/proposals/012009b.pdf

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01/20/09: Public Access Adoption

On January 20, 2009, the DEP published in the New Jersey Register the adoption of amendments to the Coastal Zone Management rules the were proposed on December 17, 2007.  The following is an attempt to provide a brief overview of the adoption for the benefit of the public but in no way overrides, interprets or otherwise modifies the regulations.

The adopted rules allow the modification of the linear public access along a tidal waterway at superhighways and for homeland security.  The amendments modify the requirements for municipalities participating in Shore Protection Program funding through a State Aid Agreement for projects along the Atlantic Ocean, Sandy Hook Bay, Raritan Bay and Delaware Bay and their shores.  In addition, the Green Acres funding requirements are amended to change the timing for submission of the public access plan and Public Access Instrument, where applicable.  In response to the Public Access and Marina Safety Task Force Act, N.J.S.A. 13:19-38 ET SEQ., the Department is not adopting the proposed amendments that would have allowed the modification of the linear public access along a tidal waterway at marinas.

View the rule adoption (pdf)

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12/22/08: Terrestrial Wind Regulation in the New Jersey Coastal Zone

The New Jersey Department of Environmental Protection (NJDEP) conducted a stakeholder meeting on Thursday, December 11, 2008, 2:00 pm - 4:00 pm in the Public Hearing Room. The meeting focused on gathering information and concerns about natural resource considerations from stakeholders regarding the development of terrestrial wind turbines in New Jersey, with a focus on the coastal area, and a general overview of the Department’s activities in this regard. Information and concerns should be directed to annmarie.hoagland@dep.state.nj.us no later than January 15, 2009.

View the PowerPoint Presentation (ppt)

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12/15/08: Coastal Permit Program rules – Permit-by-rule for boat wash wastewater systems
On December 15, 2008, the Department published in the New Jersey Register amendments to the Coastal Permit Program rules.  The amendments add a new permit-by-rule for the construction and/or installation of boat wash wastewater systems and associated infrastructure that prevent any discharge of boat wash wastewater to the waters of the State at marinas, boatyards and boat sales facilities. This new permit-by-rule is available to any marina, boatyard or boat sales facility that installs a boat bottom wash wastewater system, including those necessary to comply with the equipment and vehicle washing provisions of the Basic Industrial Stormwater General Permit (5G2) under the NJPDES rules and those that are not subject to this general permit but that wish to voluntarily install such systems.

View the rule adoption (pdf)

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9/09/08: New Jersey Coastal and Estuarine Land Conservation Program Draft Plan

The Coastal Management Office has prepared this DRAFT Coastal and Estuarine Land Conservation Plan for New Jersey. The Draft Plan is being made available for public review and comment for a period of 30 days (September 8th through October 7, 2008). At the close of the 30 day comment period the Coastal Management Office will review the comments submitted and revise the document as appropriate. A revised draft Coastal and Estuarine Land Conservation Plan for New Jersey will then be submitted to NOAA for review and approval.

Opportunity for Public Comment (pdf)
DRAFT Coastal and Estuarine Land Conservations Program Draft Plan (pdf)

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03/27/08: Coastal Zone Management Rule Amendment Adoption

On March 5, 2008, the DEP filed with the Office of Administrative Law the adoption of amendments proposed on March 5, 2007. The adoption will be published in the New Jersey Register on April 7, 2008. The adopted amendments update the goals of the New Jersey’s Coastal Management Program; incorporate new digital mapping of prime fishing areas; add the Shawcrest/Hildreth Island to the list of bay islands exempted from the Bay islands rule; specify the standards used to review proposed coastal activities and development within wetlands in the Hackensack Meadowlands District; clarify the application of the Coastal Zone Management rules in the review of coastal activities or developments within the Hackensack Meadowlands District; add electrical substations to the list of activities that are exempt from the impervious cover and vegetative cover requirements of Subchapters 5, 5A and 5B; and facilitate the preservation of historic structures in danger of demolition by revising parking standards and standards for scenic resources and design.

View the Rule Adoption
Coastal Management Program

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