GENERAL PERMIT 10 – Reconstruction of a Legally Existing Functioning Bulkhead
General Permit 10 authorizes reconstruction of a legally existing bulkhead, provided:
- The bulkhead is located upland of any wetlands;
- Public access is provided in accordance with the lands and waters subject to 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 construction of bulkheads subject to wave run up forces (V zones) is designed and certified by a professional engineer to withstand the forces of wave runup;
- The structure will not create net adverse shoreline movement downdrift, including erosion or shoaling;
- The construction will have no adverse impact to any special areas defined at N.J.A.C. 7:7-9; and
- The backfill consists of clean fill from an upland source or the dredged material removed as part of the bulkhead installation, provided such dredged material meets the criteria for structural or non-structural fill material and is managed in accordance with Appendix G of N.J.A.C. 7:7-1.1 et seq.
Please be advised:
- For a site along a man-made lagoon, as defined at N.J.A.C. 7:7-1.5, the bulkhead reconstruction must be located in-place or upland of the existing bulkhead.
- For a site along any other waterway, the bulkhead reconstruction may be located upland, in-place, or within 18” waterward of the existing bulkhead if timber is used and up to 24” if vinyl is used, depending on impacts to special areas defined at N.J.A.C. 7:7-9.
- For all project sites, reconstruction of certain bulkhead structures in place located below the mean high water line may be exempt from the Waterfront Development Law pursuant to N.J.A.C. 7:7-2.4(d)7.
- The placement of rip-rap along the seaward toe of the replacement bulkhead structure may qualify for this General Permit 10 if the Department determines that such rip rap is required to limit scour potential and the areas and volume of rip rap are minimized.
Full details are provided at N.J.A.C.7:7-6.10
If your project does not meet the requirements of the General Permit 10, 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.