3/27/08: 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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12/17/07: Public Access Adoption and Concurrent Proposal

On December 17, 2007, the DEP published in the New Jersey Register the adoption of amendments to the Coastal Zone Management rules relating to public access and a concurrent proposal. The following is an attempt to provide a brief overview of the adoption and concurrent proposal for the benefit of the public but in no way overrides, interprets or otherwise modifies the regulations.

The adopted rules clarify the public’s rights to access and use of tidal waterways and their shores, and incorporate standards to maintain these rights on the State’s tidal waterways and their shores. The rules contain standards for coastal development as well as specific standards for municipalities accepting Shore Protection Program funding and for municipalities, counties and nonprofit organizations to receive Green Acres Program funding for a project located along a tidal waterway.

Concurrent with publication of the adoption of the public access rules, the Department proposed amendments to the newly adopted Public trust rights rule and the rule containing information requirements for public access plans. The proposal responds to issues raised on the November 6, 2006 proposal. Public hearings will be held on January 16 and 17, 2008, and the public may comment on the proposal until February 15, 2008.

View the Rule Adoption (pdf)
View the Concurrent Rule Proposal (pdf)
Public Access Web Page

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6/13/07: Envisioning the Future of Coastal Management (Three meetings to be held June 26, 27 and 28, 2007)

“Envisioning the Future of Coastal Management,” an initiative of the National Oceanic and Atmospheric Administration (NOAA) and the Coastal States Organization (CSO), in cooperation with Monmouth University’s Urban Coast Institute, the NJ Coastal Management Program and the NJ Marine Sciences Consortium. The purpose of the meeting is to discuss how to achieve effective Coastal Zone Management at the national, regional and state level. We need your insight as NOAA considers alternatives for reauthorization of the Coastal Zone Management Act.

Background information on federal/state coastal zone management programs can be found at:

http://www.coastalmanagement.noaa.gov and
http://www.state.nj.us/dep/cmp/

We want to hear your voice and look forward to your participation.

Comments can also be submitted at:

http://www.coastalmanagement.noaa.gov/czm/media/VisioningInput.pdf (pdf)

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6/13/07: 26th Annual International Submerged Lands Conference (Monday, October 29th to Friday, November 2nd, 2007)

The 26th Annual International Submerged Lands Conference will be held at the Colonial Williamsburg Woodlands Conference Center in Williamsburg Virginia. Hosted by the Virginia Marine Resources Commission with assistance and support from others including the Virginia Institute of Marine Science-Sea Grant Program.

http://www.submergedlands2007.com

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6/13/07: Notice of Request for Approval of Routine Program Change for Coastal Management Program-Proposed Interstate Federal Consistency Listing

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 add a listing of Federal actions having interstate coastal effects. Interstate coastal effects means any reasonably foreseeable effect resulting from a Federal action occurring in one state on any coastal use or resource of another state that has a Federally approved coastal management program. Federal Consistency is the Federal Coastal Zone Management Act requirement that Federal actions that have reasonably foreseeable effects on any land or water use or natural resource of the coastal zone must be consistent to the maximum extent practicable with the enforceable policies of a coastal state’s Federally approved coastal management program. The Department is asking that NOAA’s Office of Ocean and Coastal Resource Management concur that the listed actions be categorized as having reasonably foreseeable interstate coastal effects and thus are subject to review by New Jersey under the federal consistency provisions of the Coastal Zone Management Act. The effect of such approval is that New Jersey would review the listed activities on a routine basis for consistency with New Jersey’s Coastal Management Program. To view the various sections of the submittal click on one of the following:

List of Federal Agency Activities Subject to Interstate Consistency (pdf)
RPC Analysis for Interstate Activities (pdf)
Analysis of Reasonably Foreseeable Interstate Coastal Effects of Federal Actions Occurring in Pennsylvania and Delaware on New Jersey’s Coastal Zone (pdf)
Maps Identifying the Geographic Locations of the Listed Interstate Activities (pdf)
Public Notice Published in June 18, 2007 New Jersey Register (pdf)

Comments on whether or not these actions should be considered Routine Program Change should be sent by July 9, 2007 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 about the above, contact Kim Springer at (609) 633-2201.

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5/21/07: Notice of Expiration of Mainland Coastal Centers

On May 21, 2007, the DEP published in the New Jersey Register, notice of administrative change to the Coastal Zone Management (CZM) rules to reflect that the boundaries of mainland coastal centers have expired. Impervious cover limits and vegetative cover percentages in the CAFRA area are based on a site’s location in a CAFRA center, core or node, coastal planning area or coastal center, with higher percentages of impervious cover allowed in a coastal or CAFRA center. On February 6, 2006, the Department adopted amendments to the CZM rules that re-established, with conditions, the boundaries of certain coastal centers that had expired February 7, 2005. The re-established centers are called mainland coastal centers. In accordance with the rules, all mainland coastal centers expired on March 15, 2007. The mainland coastal centers that expired and that are identified in this notice are located in Egg Harbor Township (Atlantic County); Lower Township, Middle Township and Upper Township (Cape May County), and Barnegat Township, Brick Township, Toms River (formerly Dover Township), and Lakewood Township (Ocean County).

View the Notice (pdf)

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5/2/07: NJ Coastal Management Program Evaluation - Public Meeting Notice

Section 312 of the Coastal Zone Management Act of 1972, as amended, requires NOAA's Office of Ocean and Coastal Resource Management to continually review all state coastal management programs. Accordingly, the New Jersey Coastal Management Program will be evaluated in June 2007. As part of this review, a public meeting will be held at 5:30 pm on Wednesday, June 6, 2007, in the 1st Floor Lecture Hall at the Technology Center, Ocean County College, College Drive, Toms River, New Jersey. The purpose of the meeting is to receive public comments regarding the operation and implementation of the New Jersey Coastal Management Program. In addition written comments may be submitted to Ms. Kim Penn, NOAA/NOS/OCRM, NOAA Ocean Service, N/ORM, 1305 East-West Highway, SSMC4, Silver Spring, MD 20910, no later than June 22, 2007.

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3/5/07: Coastal Zone Management Rules – Coastal Goals, Prime Fishing Areas, Bay Islands, Wetlands, Hackensack Meadowlands District, Impervious Cover, Scenic Resources and Design and Traffic

Coastal Zone Management rules. In summary, this proposal includes the updating of the goals of the New Jersey Coastal Management Program. In summary, the proposed amendments: update the goals of the New Jersey’s Coastal Management Program; incorporate new digital mapping of prime fishing areas and set forth transparent standards for development within these 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, such as those of the Doo Wop era.

The comment period on this proposal ends May 4, 2007.

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11/8/06: Public Access Proposal

On November 6, 2006, the DEP published in the New Jersey Register a proposal that would repeal the existing Public access to the waterfront rule and replace it with a new Public trust rights rule. The proposed new rule strengthens the Department's existing public access requirements and sets forth specific requirements for Shore Protection Program and Green Acres funding. In addition, a new special area rule, Lands and waters subject to public trust rights, is proposed to protect tidal waterways and their shores and ensure public access to these lands is provided. Various coordinating amendments to the coastal permitting requirements of the Coastal Permit Program rules are also proposed. The comment period on this proposal ends January 5, 2007.

The Department has also posted a new Public Access web page. This web page contains a map of public access points along the Atlantic Ocean from Monmouth County to Cape May County along with information on beach facilities; a handbook to the Public Trust Doctrine; and highlights of the proposed new rule.

View the Rule Proposal (pdf)
Public Access

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6/20/06: Friday July 28th, 2006: Brownfields Redevelopment Workshop for Municipal Officials and Non-profit Organizations

Click here for additional information.
Click here for PDF format brochure.

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5/15/06: Coastal centers - Affordable Housing Proposal

On May 15, 2006, the DEP published in the New Jersey Register a proposal that would relax the impervious cover limits and vegetative cover percentages for proposed developments consisting entirely of affordable housing in limited circumstances. First, the development must be proposed in either a mainland coastal center or in an expired coastal center located in a municipality that, prior to October 15, 2005 held a pre-petition meeting with the Office of Smart Growth in accordance with N.J.A.C. 5:85-7.3. Second, although the impervious cover limits and vegetative cover percentages for these developments would be those of the mainland coastal center, the limitations set forth at N.J.A.C. 7:7E-5B.6(e) and (g) would not apply. The comment period on this proposal ends July 14, 2006.

Proposal on Rules web page

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5/2/06: Governor’s Blue Ribbon Panel Releases Final Report on Offshore Wind

On May 2, 2006, the Blue Rbbon Panel on Development of Offshore Wind Facilities in Coastal Waters released its final report to Governor Corzine. Established by Executive Order in December 2004 by former Governor Codey, the Blue Ribbon Panel was directed to assess the environmental and economic issues associated with offshore wind turbines and provide recommendations to the Governor. For additional information or for a copy of the panel’s final report, visit www.njwindpanel.org.

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4/17/06: Notice of Administrative Changes: Mainland Coastal Centers

On April 17, 2006, the Department published in the New Jersey Register a Notice of Administrative Change indicating that pursuant to N.J.A.C. 7:7E-5B.6(d), the Department has amended the Coastal Zone Management rules, N.J.A.C. 7:7E Appendices 2 and 4. Appendices 2 and 4 have been amended to reflect that 7 expired coastal centers were re-established on March 14, 2006 pursuant to N.J.A.C. 7:7E-5B.6(b)2 and 15 mainland coastal centers expired on March 15, 2006 pursuant to N.J.A.C. 7:7E-5B.6(c)1. A listing of these centers follows:

Mainland coastal centers re-established on March 14, 2006

1. Atlantic County
   
   1. Egg Harbor Township
      
      1. Egg Harbor coastal town
         
      2. West Atlantic City coastal town
2. Cape May County
   
   1. Lower Township
      
      1. Schellenger's Landing coastal town
         
      2. Town Bank/North Cape May coastal town
         
      3. Villas coastal village
3. Ocean County
   
   1. Barnegat Township
      
      1. Barnegat coastal town
         
   2. Brick Township
      
      1. Brick Township coastal town

Mainland coastal centers that expired March 15, 2006

1. Cape May County
   
   1. Dennis Township
      
      1. Clermont
         
      2. Dennisville
         
      3. Eldora
         
      4. Ocean View
         
      5. South Dennis
         
      6. South Seaville
   
   
2. Cumberland County
   
   1. Downe Township
      
      1. Dividing Creek
      2. Fortescue
         
      3. Newport
         
   2. Fairfield Township
      
      1. Fairton
   3. Greenwich Township
      
      1. Greenwich
         
      2. Othello
         
      3. Springtown
   4. Hopewell and Stow Creek Townships
      
      1. Roadstown
   
   
3. Ocean County
   
   1. Manchester Township
      
      1. Toms River expired coastal regional center

View Notice of Administrative Change

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4/3/06 - Notice of Determination on Routine Program Change to the Coastal Management Program

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 February 6, 2006 the New Jersey Department of Environmental Protection submitted to OCRM a request for concurrence with the Department’s determination that the incorporation of: (1) the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A Subchapters 1, 2, 5, 6, 11, 12, 13, 15, 16, 18, 19, 20, 21, 24 and 25; (2) the Stormwater Management rules, N.J.A.C. 7:8; and (3) various amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, that occurred between December 7, 1998 through February 2, 2004., constitutes a routine program change of the New Jersey Coastal Management Program.

By letter of March 2, 2006, OCRM concurred with the Department’s determination.

Notice of OCRM’s findings will be published in the April 3, 2006 New Jersey Register. Effective the date of publication in the New Jersey Register, the NJPDES rules, N.J.A.C. 7:14A Subchapters 1, 2, 5, 6, 11, 12, 13, 15, 16, 18, 19, 20, 21, 24 and 25; Stormwater Management rules, N.J.A.C. 7:8; and the rulemaking actions amending the Coastal Zone Management rules approved by OCRM will be enforceable policies applicable to Federal Consistency reviews under the auspices of New Jersey’s Coastal Management Program.

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

2/6/06 - Adoption of Amendments to the Coastal Zone Management Rules Re-establishing Certain Coastal Centers

On February 6, 2006, the Department will be publishing in the New Jersey Register the adoption of amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, that it proposed on July 5, 2005. This adoption re-establishes certain coastal centers that are located on the mainland and expired on February 7, 2005. The amendments describe the mainland coastal center, how a coastal center with a boundary that expired on February 7, 2005 becomes a mainland coastal center, and their expiration. In addition, the rule sets forth the impervious cover limits and vegetative cover percentages for developments in the mainland coastal centers, and the limitations on their applicability to a proposed development.

View the Rule Adoption (pdf)

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2/6/06 - Notice of Incorporation of Enforceable State Policies Developed Pursuant to the Federal Clean Water Act into Coastal Management Program and Notice of Request for approval of Routine Program Change for Coastal Management Program

Pursuant to Section 307(f) of the Coastal Zone Management Act, 16 U.S.C. 1456(f), the Department has incorporated the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A Subchapters 1, 2, 5, 6, 11, 12, 13, 15, 16, 18, 19, 20, 21, 24 and 25, and the Stormwater Management rules, N.J.A.C. 7:8, into New Jersey’s Federally approved Coastal Management Program. The incorporation of the NJPDES rules was effective April 13, 1982, the date the State NPDES Permit Program, Pretreatment Program, and State regulation of Federal facilities were approved by EPA, and the Stormwater Management rule, February 2, 2004, the date the rules were adopted.

Further, Federal regulations at 15 CFR 923.80 through 923.84 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 New Jersey Department of Environmental Protection is proposing to amend New Jersey’s Federally approved Coastal Management Program to incorporate various amendments and additions to the Coastal Zone Management rules, N.J.A.C. 7:7E, that occurred between December 7, 1998 and February 2, 2004. To view the various sections of the submittal click on one of the following:

Public notice published in February 6, 2006 New Jersey Register (pdf)
Incorporation of enforceable State coastal nonpoint policies developed pursuant to the Federal Clean Water Act, specifically the NPDES rules, N.J.A.C. 7:14A and Stormwater Management rules, N.J.A.C. 7:8 (pdf)
Incorporation of certain amendments to the Coastal Zone Management rules, Subchapter 1, Introduction (pdf)
Incorporation of certain amendments to the Coastal Zone Management rules, N.J.A.C. Subchapter 3, Special Area Rules (pdf)
Incorporation of certain amendments to the Coastal Zone Management rules, Subchapter 3A Standards for Beach and Dune Maintenance, and Subchapter 3B Information Required in Wetland and Intertidal and Subtidal Shallow Mitigation Proposals (pdf)
Incorporation of certain amendments to the Coastal Zone Management rules, Subchapter 7, Use Rules
Incorporation of certain amendments to the Coastal Zone Management rules, Subchapter 8, Resource Rules (pdf)

Comments on whether or not these actions should be considered Routine Program Change should be sent by February 27, 2006 to:

National Oceanic and Atmospheric Administration
Office of Ocean and Coastal Resource Management
Attn: Ms. Kris Wall
SSMC4 N/ORM3 Rm. 11211
1305 East West Highway
Silver Spring , MD 20910

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

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12/14/05 - DEP Advances Governor’s Coast 2005 Initiative by Naming the First New Jersey Clean Marina

Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell today announced the designation of Silver Cloud Harbor Marina as the first New Jersey Clean Marina. The implementation of the NJ Clean Marina Program is part of the Governor’s Coast 2005 initiative to protect water quality and habitat.

View the Press Release
DEP Clean Marina Program

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7/26/05 -Notice of Administrative Corrections and Comment Period Extension

On July 5, 2005, DEP published in the New Jersey Register a proposal to reestablish certain coastal centers located on the mainland that expired on February 7, 2005. The Department has discovered that the proposal inadvertently failed to fully reflect the Department’s intent with reference to the West Cape May expired coastal center. On August 15, 2005, the Department will be publishing in the New Jersey Register a Notice of Administrative Corrections and Comment Period Extension to address the status of the expired West Cape May coastal center. The comment period for this proposal is scheduled to close on September 3, 2005. The Department is extending the comment period regarding the proposed amendments related to the West Cape May coastal center to Monday, October 14, 2005. The comment period for all other aspects of the proposal will expire on September 3, 2005. Written comments regarding the proposed amendments to the West Cape May coastal center may be submitted by October 14, 2005 to:

Gary J Brower, Esq.
Attention: DEP Docket No. 17-05-05-510
Office of Legal Affairs
Dep0artment of Environmental Protection
P.O. Box 402
Trenton, NJ 08625-0402

View Notice of Administrative Corrections and Public Comment Period Extension (Pdf Format)
View the Press Release
View the Rule Proposal (Pdf Format)
Link to CAFRA Layers GIS Download

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7/5/05 - Coastal Center Rule Proposal

On July 5, 2005, DEP published in the New Jersey Register a proposal to reestablish certain coastal centers located on the mainland that expired on February 7, 2005. DEP adopted coastal centers on an interim basis to accommodate development in the CAFRA area while municipalities pursued comprehensive planning through the State Planning process. DEP has posted GIS data layers referenced in this rule proposal and updated the NJDEP CAFRA and Coastal Centers, New Jersey data layer to reflect the February expiration of coastal centers located on the mainland.

View the Press Release
View the Rule Proposal (Pdf Format)
Link to CAFRA Layers GIS Download

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