Appurtenant Improvements could be any improvement to a structure or property which may have an impact to special areas of the State that are regulated by the Department. Such disturbances may require an approval from the Division prior to construction. An area containing sensitive and endangered plant species for example, may be irreparably damaged by such activities. It is important therefore to closely examine a proposed project relative to the sensitive areas which may be impacted.
Appurtenant Improvements may require multiple approvals from the Division, depending on the special areas impacted by the project. If you don't know what special areas are on your site, please check out the before you buy, before you build section of this website for guidance on determining if your site has one of these regulated special areas on it.
For information on Land Use permit requirements for construction of appurtenant improvements within specific "special areas", please click on each of the tabs above.*
*For impacts to Streams, Rivers, Lakes, Ponds, Flood Plains, Flood Way, Riparian Zones and other water body related areas, please click on the "Flood Hazard" tab. For impacts to special coastal areas, please click on the "Coastal" tab. For impacts to Freshwater Wetlands, click on the "Freshwater Wetlands" tab. Information on Tidelands can be found in the "Tidelands" tab.
The construction of Appurtenant Improvements within Freshwater Wetlands (FWW) or FWW transition areas (Buffers) requires a FWW General Permit No. 8 "House Additions" from this Divsion. Additions and/or appurtenant improvements are not permitted in State open waters under this General Permit.
There is a specific set of requirements in order to qualify for a FWW General Permt No. 8.
- The dwelling must be lawfully existing prior to July 1, 1988
- Improvements or additions must be less than a cumulative surface area of 750 square feet of fill and/or disturbance and will not result in new alterations to a freshwater wetlands outside of the 750 square foot area.
- An addition or improvement shall be located within 100 feet of the residential dwelling.
If the project for an addition or appurtenant improvement cannot comply with the criteria for a GP-8, the applicant would need to apply for an Individual Permit (IP). An IP application would need to include a description as to why the project cannot be minimized to satisfy the General Permit criteria described in the links above.
Potential qualifying Permit by Rules (PBRs) include those found in N.J.A.C. 7:13-7.2(a)4, N.J.A.C. 7:13-7.2(b)6, N.J.A.C. 7:13-7.2(b)7, or N.J.A.C. 7:13-7.2(b)9. Please refer to the rules to see the all of the applicable conditions where each PBR would apply.
In addition to these potential PBR’s, an applicant may qualify for a Flood Hazard Area General Permit No. 7. Please note, this general permit only applies for site’s that are not subject to the CZM rules, but are located in a tidal flood hazard area.
Any application that does not meet any of the PBR’s or the FHA General Permit No.7 would need to apply for a Flood Hazard Area Individual Permit and meet the standards of a structure and building.
The construction of an addition, garage, shed, pool etc., within CAFRA, Waterfront Development or Coastal Wetlands generally requires a permit. Some limited improvement activities are exempt or not regulated as noted below. Others are permitted under permits-by-rule, and some under Coastal General Permits.
See the “Jurisdiction” section of the "Coastal Permitting" webpage to determine which areas regulated under the Coastal Permit Program rules N.J.A.C. 7:7-1.1 et seq. and the Coastal Zone Management rules N.J.A.C. 7:7E-1.1 et seq occur on your site. Which permits are available for a project depends on where your project is sited.
If the project does not comply with an exemption, permit-by-rule or general permit it generally will require a Waterfront Development, CAFRA, and /or Coastal Wetland Individual Permit. Additional information regarding the coastal program can be found on the Coastal Areas section of this website. Please contact us for further assistance.
These projects are not regulated or are exempt --
- Repairs or maintenance such as replacing siding, windows or roofs, or debris removal or clean up if no excavation, grading, filling are conducted in the CAFRA area pursuant to N.J.A.C. 7:7-1.3.
- Construction of a residential patio or deck without grading, excavation or filling of a beach or dune in the CAFRA area pursuant to N.J.A.C. 7:7-2.1.
These permits-by rule may apply to your project --
Permit-by-rule 1 may be used for expansion of less than 400 square feet on the non-waterward side of a single family home or duplex provided the expansion is not proposed on a beach, dune or wetlands and meets flood hazard requirements. Please see N.J.A.C. 7:7-7.2(a)1 for limitation and compliance details.
Permit-by-rule 3 may be used for accessory development at a single family home or duplex on a bulkheaded lagoon lot including garages, sheds, pools, driveways, grading, excavation and clearing but not for shore protection structures and not within wetlands. Please see N.J.A.C. 7:7-7.2(a) 3 for limitation and compliance details.
This coastal general permit may apply to your project --
Coastal General Permit 9 is for the expansion or reconstruction of a single family home or duplex located landward of the mean high water line and not on a bulkheaded lagoon lot. The proposed construction must not create adverse impacts to any special areas included at N.J.A.C. 7:7E-3. For further information regarding the limitations and requirements refer to N.J.A.C. 7:7-7.9.
WATERFRONT DEVELOPMENT
- These projects are not regulated or are exempt please the applicable rule for details
- Construction, alteration, expansion or reconstruction of a single family home or addition if greater than 100 feet landward of the mean high water line in Upland Waterfront Development jurisdiction pursuant to N.J.A.C. 7:7-2.3.
- Reconstruction, conversion, alteration or enlargement of any existing structure located more than 100 feet landward of the mean high water line, without change in land use and the enlargements are less than 5,000 square feet in Upland Waterfront development jurisdiction pursuant to N.J.A.C. 7:7-2.3.
Tidelands, also known as riparian lands, are all those lands now or formerly flowed by the mean high tide of a natural waterway; that is to say any land that is currently or was previously covered by tidal waters. The State of New Jersey, and therefore the people of New Jersey, owns all Tidelands except for those to which it has already sold its interest in the form of a riparian grant. It is important to note that the State generally does not own artificial waterways such as lagoons however, the State does claim those lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior to the creation of the lagoon.
Appurtenant improvements that are proposed in a tidelands area may require a tidelands license if the activities are taking place at or below the mean high water line of a tidal waterway or a tidelands grant if the activities are taking place in an area that is currently landward of the mean high water line but was, at some point, flowed by the tide.
A tidelands license is a short term revocable rental document to use tidelands generally for structures such as docks, bulkhead extensions, mooring piles, and other temporary structures as well as for dredging projects. Licenses are project specific and expire after a finite term ranging from one to ten years. Most licenses may be renewed.
A riparian grant, or tidelands grant, is a deed from the State of New Jersey selling its tidelands. Tidelands grants are generally only issued for lands that have already been filled in and are no longer flowed by the tide.
For more information on tidelands instruments, please see the tidelands section of this website.
For information and instruction on how to determine whether you are in an area that may require either a license or a grant, or for information how to apply for Tideland instruments please see the "Before you Build, Before you Buy" webpage.
