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Division of Land Use Regulation
State of New Jersey Department of Environmental Protection

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GENERAL PERMIT 5 – Expansion or Reconstruction (with or without expansion) of a Single-Family Home or Duplex

General Permit 5 authorizes expansion or reconstruction of a legally constructed, habitable single-family home or duplex and/or accessory developments (such as garages, sheds, pools, driveways, grading, filling, and clearing, but excluding shore protection structures) provided:

  • The single-family home or duplex and accessory structures are located landward of the mean high water line;
  • The single-family home or duplex and accessory structures are not located on a bulkheaded lagoon lot; 
  • The development does not result in the development of more than one single-family home or duplex either solely or in conjunction with a previous development as defined at N.J.A.C. 7:7-2.2(b)8; and
  • The development is in compliance with N.J.A.C. 7:7-9.22 Beaches, N.J.A.C. 7:7-9.25  Flood hazard areas, N.J.A.C. 7:7-9.26 Riparian zones, N.J.A.C. 7:7-9.27 Wetlands, N.J.A.C. 7:7-9.28 Wetland buffers, and N.J.A.C. 7:7-9.36 Endangered or threatened wildlife or vegetation species habitats.

Please be advised:

  • Shore protection structures are not authorized by this permit. 
  • Special provisions apply if dunes are present on the site per N.J.A.C. 7:7-6.5(d).
  • Special provisions apply if coastal bluffs are present on the site per N.J.A.C. 7:7-6.5(e).
  • Special provisions apply if the site is in a Coastal high hazard area or Erosion hazard area, per N.J.A.C. 7:7-6.5(f).
  • Public access must be provided in accordance with the Public trust rights rule, N.J.A.C. 7:7-9.48, and the Public access rule, N.J.A.C. 7:7-16.9.
  • The use of plastic under landscape or gravel areas is prohibited.
  • Driveways must be permeable or pitched to direct runoff onto permeable areas of the site.
  • On a wooded site, clearing is only allowed within 20’ from the residence and the area necessary for driveway, septic and utility line installations.
  • Silt fences are required for projects adjacent to surface water bodies during construction until landscaping is completed.
  • A 10’, 15’, or 25’ setback will be required depending on the site location and adjacent sensitive areas per N.J.A.C. 7:7-6.5(l).
  • The General Permit 5 does not authorize any activities regulated under the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq.

Full details are provided at N.J.A.C.7:7-6.5.

If your project does not meet the requirements of the General Permit 5, it may qualify for another General Permit, Permit-by-rule, or an Individual Permit.  Additional information on these permit types can be found on the Coastal Permitting page.

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Last Updated: January 16, 2018