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

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NON-REGULATED OR EXEMPT ACTIVITIES

In response to Superstorm Sandy, the Division has identified certain types of activities that can be conducted without a permit in the coastal zone. NO DIVISION AUTHORIZATION IS REQUIRED prior to conducting the activities listed below. Please note that these activities may require Local or other State and/or Federal approvals, depending on the activity and the location.

CAFRA and Waterfront Development Area

The CAFRA area is a geographical boundary that extends along the coast from Cheesequake Creek in Middlesex County to Killeohook National Wildlife Refuge in Salem County.  The Waterfront Development Area consists of lands within 500 feet of the mean high water line of tidal waterways outside of the CAFRA area. 
The following activities do not need a permit:

  • The repair and maintenance of buildings such as replacing siding, windows or roofs.
  • The reconstruction of any habitable or non-habitable legal structure that was destroyed in the storm as long as the structure is replaced in the same footprint and is not enlarged.  Please not that this exemption (N.J.A.C. 7:7-2.1(c)3) only applies to structures in the CAFRA area.  Please see the information on permits-by-rule below for structures in the Waterfront Development area.
  • Debris removal and clean up in areas other than beaches or dunes (See the separate section for these special areas).  If debris is removed from special areas such as wetlands, best management practices should be utilized such as avoiding removal of trees and placement of protective marsh matting to minimize temporary disturbances

Enlargement and reconfiguration of a residential or commercial development may qualify for a permit-by-rule if the requirements of N.J.A.C. 7:7-7.2(a)7 are met.  If these requirements are met, the property owner does not have to submit permit applications for the project.  Please see the Buildings section of the Frequently Asked Questions for more information.

Tidal Wetlands

The following activities do not need a permit:

  • The emergency maintenance or repair of bridges, roads, highways, railroad beds or the facilities of any utility or municipality.

Tidal Waters

The following activities do not need a permit:

  • The reconstruction or replacement of legal bulkheads, docks, boat lifts, pilings at residential properties and marinas, provided the structures are replaced in the same location (footprint) and in the same size as determined under N.J.A.C. 7:7-2.3(d)6i and ii.
  • The replacement of legal homes over the water provided they are replaced in the same footprint and are not enlarged.

The citation for the Waterfront Development Zane exemption is found at N.J.A.C. 7:7-2.3(d)6 and 7.

Marinas

Damaged marina structures that were legally existing prior to Hurricane Sandy may be reconstructed without obtaining CAFRA and waterfront development permits, provided:

  1. They are reconstructed in the same footprint without enlargement or relocation; and
  2. The number of dwelling units or parking spaces is not increased; and
  3. The area covered by buildings, concrete or asphalt is not increased. 

The citation for the CAFRA exemption from permit requirement is found at N.J.A.C. 7:7-2.1(c)3.  The citation for the Waterfront Development Zane exemption is found at N.J.A.C. 7:7-2.3(d)6 and 7.
Reconfiguration of marina structures may qualify for permits-by-rule if the requirements of N.J.A.C. 7:7-7.2(a)7 and/or 15 are met.  If these requirements are met, the marina does not have to submit permit applications for the reconfiguration.  Please see the Marina section of the Frequently Asked Questions for more information.

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Last Updated: May 21, 2014