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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Office Policy, Planning and Science
Coastal Management Office

Notice of Rule Proposal
Coastal Permit Program rules; Coastal Management rules, N.J.A.C. 7:7 and 7:7E

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing to amend the Coastal Permit Program rules, N.J.A.C. 7:7 and Coastal Zone Management rules, N.J.A.C. 7:7E to protect and improve public access to tidal waterways and their shores through the repeal and replacement of the existing Public access to the waterfront rule with a new rule, Public trust rights rule, N.J.A.C. 7:7E-8.11.  A statement of the substance of the proposal follows:

The existing Public access to the waterfront rule is being repealed and replaced with a new rule, Public trust rights rule, N.J.A.C. 7:7E-8.11.  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, N.J.A.C. 7:7E-3.50, to protect tidal waterways and their shores and ensure public access to these lands is provided.   The Department also proposes a new subchapter N.J.A.C. 7:7E-8A; Information required to demonstrate compliance with the public trust rights rule:  Conservation Restrictions and Public Access Instruments, which contains the information necessary to demonstrate compliance with the strengthened standards of the rule.

In addition, various coordinating amendments to the coastal permitting requirements at N.J.A.C. 7:7E-7:7 are proposed.  These amendments clarify that compliance with a permit includes compliance with all aspects of the permit and failure to comply with permit conditions and approved plans constitutes a violation and defines “responsible party” for the purposes of an enforcement action.  A new condition applicable to all coastal permits is being added.  This condition provides that authorization of construction shall not be seen as a relinquishment of public rights to access and use lands and waters subject to public trust rights.  Further, 15 coastal general permits are being amended to add a new or modify an existing permit condition requiring public access be provided in accordance with the Lands and waters subject to the public trust rights and Public trust rights rule.

The proposal is scheduled to be published in the New Jersey Register dated November 6, 2006.  A copy of the proposal is available from the Department’s web site.(PDF)

Three public hearings concerning the proposal are scheduled as follows:

Tuesday, November 28, 2006 at 11:00 A.M.
Liberty State Park
Central Railroad Terminal Building
Blue Comet Auditorium
1 Audrey Zapp Drive
Jersey City, NJ 07305

Friday, December 1, 2006 at 11:00 A.M.
New Jersey Department of Environmental Protection
Public Hearing Room
401 East State Street
Trenton, NJ 08060

Monday, December 4, 2006 at 11:00 A.M.
Richard Stockton College of New Jersey
Townsend Residential Life Center Multi-Purpose Room
Jimmy Leeds Road
Pomona, NJ 08420

Written comments may be submitted by January 5, 2007 to:

NJ Department of Environmental Protection
Gary Brower, Esq.
ATTN: DEP Docket No. 19-06-09/482
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625

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Last Updated: July 29, 2014