News Archives
12/17/07:
Public Access Adoption and Concurrent Proposal
On December 17, 2007, the DEP published in the New Jersey Register the adoption
of amendments to the Coastal Zone Management rules relating to public access
and a concurrent proposal. The following is an attempt to provide a brief overview
of the adoption and concurrent proposal for the benefit of the public but in
no way overrides, interprets or otherwise modifies the regulations.
The adopted
rules clarify the public’s rights to access and use of tidal waterways
and their shores, and incorporate standards to maintain these rights
on the State’s
tidal waterways and their shores. The rules contain standards for coastal
development as well as specific standards for municipalities accepting
Shore Protection Program funding and for municipalities, counties and
nonprofit organizations to receive Green Acres Program funding for
a project located along a tidal waterway.
Concurrent with publication
of the adoption of the public access rules, the Department proposed
amendments to the newly adopted Public trust rights rule and the rule
containing information requirements for public access plans. The proposal
responds to issues raised on the November 6, 2006 proposal. Public
hearings will be held on January 16 and 17, 2008, and the public may
comment on the proposal until February 15, 2008.
View
the Rule Adoption (pdf)
View
the Concurrent Rule Proposal (pdf)
Public Access Web Page
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6/13/07:
Envisioning the Future of Coastal Management (Three meetings
to be held June 26, 27 and 28, 2007)
“Envisioning the Future of Coastal Management,” an initiative
of the National Oceanic and Atmospheric Administration (NOAA) and the
Coastal States Organization (CSO), in cooperation with Monmouth University’s
Urban Coast Institute, the NJ Coastal Management Program and the NJ
Marine Sciences Consortium. The purpose of the meeting is to discuss
how to achieve effective Coastal Zone Management at the national, regional
and state level. We need your insight as NOAA considers alternatives
for reauthorization of the Coastal Zone Management Act.
Background information on federal/state coastal zone management programs
can be found at:
http://www.coastalmanagement.noaa.gov and
https://www.state.nj.us/dep/cmp/
We want to hear your voice and look forward to your participation.
Comments can also be submitted at:
http://www.coastalmanagement.noaa.gov/czm/media/VisioningInput.pdf (pdf)
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6/13/07:
26th Annual International Submerged Lands Conference (Monday,
October 29th to Friday, November 2nd, 2007)
The 26th Annual International Submerged Lands Conference will be held
at the Colonial Williamsburg Woodlands Conference Center in Williamsburg
Virginia. Hosted by the Virginia Marine Resources Commission with assistance
and support from others including the Virginia Institute of Marine
Science-Sea Grant Program.
http://www.submergedlands2007.com
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6/13/07:
Notice of Request for Approval of Routine Program Change for Coastal
Management Program-Proposed Interstate Federal Consistency Listing
Federal regulations require states with approved coastal management
programs to submit any changes or amendments to their coastal management
programs to the Office of Ocean and Coastal Resource Management so
that they can determine if the program, after the change, remains approvable.
In compliance with these regulations, the Department is proposing
to amend New Jersey’s Federally approved Coastal Management Program
to add a listing of Federal actions having interstate coastal effects.
Interstate coastal effects means any reasonably foreseeable effect
resulting from a Federal action occurring in one state on any coastal
use or resource of another state that has a Federally approved coastal
management program. Federal Consistency is the Federal Coastal Zone
Management Act requirement that Federal actions that have reasonably
foreseeable effects on any land or water use or natural resource of
the coastal zone must be consistent to the maximum extent practicable
with the enforceable policies of a coastal state’s Federally
approved coastal management program. The Department is asking that
NOAA’s Office of Ocean and Coastal Resource Management concur
that the listed actions be categorized as having reasonably foreseeable
interstate coastal effects and thus are subject to review by New Jersey
under the federal consistency provisions of the Coastal Zone Management
Act. The effect of such approval is that New Jersey would review the
listed activities on a routine basis for consistency with New Jersey’s
Coastal Management Program. To view the various sections of the submittal
click on one of the following:
List
of Federal Agency Activities Subject to Interstate Consistency (pdf)
RPC
Analysis for Interstate Activities (pdf)
Analysis
of Reasonably Foreseeable Interstate Coastal Effects of Federal Actions
Occurring in Pennsylvania and Delaware on New Jersey’s Coastal
Zone (pdf)
Maps
Identifying the Geographic Locations of the Listed Interstate Activities (pdf)
Public
Notice Published in June 18, 2007 New Jersey Register (pdf)
Comments on whether or not these actions should be considered Routine
Program Change should be sent by July 9, 2007 to:
National Oceanic and Atmospheric Administration
Office of Ocean and Coastal Resource Management
Attn: Mr. John King
SSMC4 N/ORM3 Rm. 11305
1305 East West Highway
Silver Spring, MD 20910
For further information about the above, contact Kim Springer at (609)
633-2201.
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5/21/07:
Notice of Expiration of Mainland Coastal Centers
On May 21, 2007, the DEP published in the New Jersey Register, notice
of administrative change to the Coastal Zone Management (CZM) rules
to reflect that the boundaries of mainland coastal centers have expired.
Impervious cover limits and vegetative cover percentages in the CAFRA
area are based on a site’s location in a CAFRA center, core or
node, coastal planning area or coastal center, with higher percentages
of impervious cover allowed in a coastal or CAFRA center. On February
6, 2006, the Department adopted amendments to the CZM rules that re-established,
with conditions, the boundaries of certain coastal centers that had
expired February 7, 2005. The re-established centers are called mainland
coastal centers. In accordance with the rules, all mainland coastal
centers expired on March 15, 2007. The mainland coastal centers that
expired and that are identified in this notice are located in Egg Harbor
Township (Atlantic County); Lower Township, Middle Township and Upper
Township (Cape May County), and Barnegat Township, Brick Township,
Toms River (formerly Dover Township), and Lakewood Township (Ocean
County).
View
the Notice (pdf)
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5/2/07: NJ Coastal Management
Program Evaluation - Public Meeting Notice
Section 312 of the Coastal Zone Management Act of 1972, as amended,
requires NOAA's Office of Ocean and Coastal Resource Management to
continually review all state coastal management programs. Accordingly,
the New Jersey Coastal Management Program will be evaluated in June
2007. As part of this review, a public meeting will be held at 5:30
pm on Wednesday, June 6, 2007, in the 1st Floor Lecture Hall at the
Technology Center, Ocean County College, College Drive, Toms River,
New Jersey. The purpose of the meeting is to receive public comments
regarding the operation and implementation of the New Jersey Coastal
Management Program. In addition written comments may be submitted to
Ms. Kim Penn, NOAA/NOS/OCRM, NOAA Ocean Service, N/ORM, 1305 East-West
Highway, SSMC4, Silver Spring, MD 20910, no later than June 22, 2007.
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3/5/07:
Coastal Zone Management Rules – Coastal Goals, Prime Fishing
Areas, Bay Islands, Wetlands, Hackensack Meadowlands District, Impervious
Cover, Scenic Resources and Design and Traffic
Coastal Zone Management rules. In summary, this proposal includes
the updating of the goals of the New Jersey Coastal Management Program.
In summary, the proposed amendments: update the goals of the New Jersey’s
Coastal Management Program; incorporate new digital mapping of prime
fishing areas and set forth transparent standards for development within
these areas; add the Shawcrest/Hildreth Island to the list of bay islands
exempted from the Bay islands rule; specify the standards used to review
proposed coastal activities and development within wetlands in the
Hackensack Meadowlands District; clarify the application of the Coastal
Zone Management rules in the review of coastal activities or developments
within the Hackensack Meadowlands District; add electrical substations
to the list of activities that are exempt from the impervious cover
and vegetative cover requirements of subchapters 5, 5A and 5B; and
facilitate the preservation of historic structures in danger of demolition,
such as those of the Doo Wop era.
The comment period on this proposal ends May 4, 2007.
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11/8/06:
Public Access Proposal
On November 6, 2006, the DEP published in the New Jersey Register
a proposal that would repeal the existing Public access to the waterfront
rule and replace it with a new Public trust rights rule. 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, is proposed to protect tidal
waterways and their shores and ensure public access to these lands
is provided. Various coordinating amendments to the coastal permitting
requirements of the Coastal Permit Program rules are also proposed.
The comment period on this proposal ends January 5, 2007.
The Department has also posted a new Public Access web page. This
web page contains a map of public access points along the Atlantic
Ocean from Monmouth County to Cape May County along with information
on beach facilities; a handbook to the Public Trust Doctrine; and highlights
of the proposed new rule.
View
the Rule Proposal (pdf)
Public
Access
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6/20/06:
Friday July 28th, 2006: Brownfields Redevelopment Workshop for Municipal
Officials and Non-profit Organizations
Click here for
additional information.
Click here for
PDF format brochure.
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5/15/06: Coastal centers - Affordable
Housing Proposal
On May 15, 2006, the DEP published in the New Jersey Register a proposal
that would relax the impervious cover limits and vegetative cover percentages
for proposed developments consisting entirely of affordable housing
in limited circumstances. First, the development must be proposed in
either a mainland coastal center or in an expired coastal center located
in a municipality that, prior to October 15, 2005 held a pre-petition
meeting with the Office of Smart Growth in accordance with N.J.A.C.
5:85-7.3. Second, although the impervious cover limits and vegetative
cover percentages for these developments would be those of the mainland
coastal center, the limitations set forth at N.J.A.C. 7:7E-5B.6(e)
and (g) would not apply. The comment period on this proposal ends July
14, 2006.
Proposal
on Rules web page
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5/2/06: Governor’s Blue Ribbon Panel Releases
Final Report on Offshore Wind
On May 2, 2006, the Blue Rbbon Panel on Development of Offshore Wind
Facilities in Coastal Waters released its final report to Governor
Corzine. Established by Executive Order in December 2004 by former
Governor Codey, the Blue Ribbon Panel was directed to assess the environmental
and economic issues associated with offshore wind turbines and provide
recommendations to the Governor. For additional information or for
a copy of the panel’s final report, visit www.njwindpanel.org.
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4/17/06: Notice of Administrative Changes:
Mainland Coastal Centers
On April 17, 2006, the Department published in the New Jersey Register
a Notice of Administrative Change indicating that pursuant to N.J.A.C.
7:7E-5B.6(d), the Department has amended the Coastal Zone Management
rules, N.J.A.C. 7:7E Appendices 2 and 4. Appendices 2 and 4 have been
amended to reflect that 7 expired coastal centers were re-established
on March 14, 2006 pursuant to N.J.A.C. 7:7E-5B.6(b)2 and 15 mainland
coastal centers expired on March 15, 2006 pursuant to N.J.A.C. 7:7E-5B.6(c)1.
A listing of these centers follows:
Mainland coastal centers re-established on March 14, 2006
- Atlantic County
- Egg Harbor Township
- Egg Harbor coastal town
- West Atlantic City coastal town
- Cape May County
- Lower Township
- Schellenger's Landing coastal town
- Town Bank/North Cape May coastal town
- Villas coastal village
- Ocean County
- Barnegat Township
- Barnegat coastal town
- Brick Township
- Brick Township coastal town
Mainland coastal centers that expired March 15, 2006
- Cape May County
- Dennis Township
- Clermont
- Dennisville
- Eldora
- Ocean View
- South Dennis
- South Seaville
- Cumberland County
- Downe Township
- Dividing Creek
- Fortescue
- Newport
- Fairfield Township
- Fairton
- Greenwich Township
- Greenwich
- Othello
- Springtown
- Hopewell and Stow Creek Townships
- Roadstown
- Ocean County
- Manchester Township
- Toms River expired coastal regional center
View
Notice of Administrative Change
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4/3/06 - Notice of Determination
on Routine Program Change to the Coastal Management Program
Federal regulations require states with approved coastal management
programs to submit changes to their coastal management program to the
Office of Ocean and Coastal Resource Management (OCRM) so that they
can determine if the program remains approvable after the changes.
In compliance with these regulations, on February 6, 2006 the New Jersey
Department of Environmental Protection submitted to OCRM a request
for concurrence with the Department’s determination that the
incorporation of: (1) the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules, N.J.A.C. 7:14A Subchapters 1, 2, 5, 6, 11, 12,
13, 15, 16, 18, 19, 20, 21, 24 and 25; (2) the Stormwater Management
rules, N.J.A.C. 7:8; and (3) various amendments to the Coastal Zone
Management rules, N.J.A.C. 7:7E, that occurred between December 7,
1998 through February 2, 2004., constitutes a routine program change
of the New Jersey Coastal Management Program.
By letter of March 2, 2006, OCRM concurred with the Department’s
determination.
Notice of OCRM’s findings will be published in the April 3, 2006
New Jersey Register. Effective the date of publication in the New Jersey
Register, the NJPDES rules, N.J.A.C. 7:14A Subchapters 1, 2, 5, 6,
11, 12, 13, 15, 16, 18, 19, 20, 21, 24 and 25; Stormwater Management
rules, N.J.A.C. 7:8; and the rulemaking actions amending the Coastal
Zone Management rules approved by OCRM will be enforceable policies
applicable to Federal Consistency reviews under the auspices of New
Jersey’s Coastal Management Program.
To view a copy of the New Jersey Register notice click here.
2/6/06 - Adoption
of Amendments to the Coastal Zone Management Rules Re-establishing
Certain Coastal Centers
On February 6, 2006, the Department will be publishing in the New
Jersey Register the adoption of amendments to the Coastal Zone Management
rules, N.J.A.C. 7:7E, that it proposed on July 5, 2005. This adoption
re-establishes certain coastal centers that are located on the mainland
and expired on February 7, 2005. The amendments describe the mainland
coastal center, how a coastal center with a boundary that expired on
February 7, 2005 becomes a mainland coastal center, and their expiration.
In addition, the rule sets forth the impervious cover limits and vegetative
cover percentages for developments in the mainland coastal centers,
and the limitations on their applicability to a proposed development.
View
the Rule Adoption (pdf)
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2/6/06 - Notice of
Incorporation of Enforceable State Policies Developed Pursuant to
the Federal Clean Water Act into Coastal Management Program and Notice
of Request for approval of Routine Program Change for Coastal Management
Program
Pursuant to Section 307(f) of the Coastal Zone Management Act, 16
U.S.C. 1456(f), the Department has incorporated the New Jersey Pollutant
Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A Subchapters
1, 2, 5, 6, 11, 12, 13, 15, 16, 18, 19, 20, 21, 24 and 25, and the
Stormwater Management rules, N.J.A.C. 7:8, into New Jersey’s
Federally approved Coastal Management Program. The incorporation of
the NJPDES rules was effective April 13, 1982, the date the State NPDES
Permit Program, Pretreatment Program, and State regulation of Federal
facilities were approved by EPA, and the Stormwater Management rule,
February 2, 2004, the date the rules were adopted.
Further, Federal regulations at 15 CFR 923.80 through 923.84 require
states with approved coastal management programs to submit any changes
or amendments to their coastal management programs to the Office of
Ocean and Coastal Resource Management so that they can determine if
the program, after the change, remains approvable.
In compliance with these regulations, the New Jersey Department of
Environmental Protection is proposing to amend New Jersey’s Federally
approved Coastal Management Program to incorporate various amendments
and additions to the Coastal Zone Management rules, N.J.A.C. 7:7E,
that occurred between December 7, 1998 and February 2, 2004. To view
the various sections of the submittal click on one of the following:
Public
notice published in February 6, 2006 New Jersey Register (pdf)
Incorporation
of enforceable State coastal nonpoint policies developed pursuant to
the Federal Clean Water Act, specifically the NPDES rules, N.J.A.C.
7:14A and Stormwater Management rules, N.J.A.C. 7:8 (pdf)
Incorporation
of certain amendments to the Coastal Zone Management rules, Subchapter
1, Introduction (pdf)
Incorporation
of certain amendments to the Coastal Zone Management rules, N.J.A.C.
Subchapter 3, Special Area Rules (pdf)
Incorporation
of certain amendments to the Coastal Zone Management rules, Subchapter
3A Standards for Beach and Dune Maintenance, and Subchapter 3B Information
Required in Wetland and Intertidal and Subtidal Shallow Mitigation
Proposals (pdf)
Incorporation
of certain amendments to the Coastal Zone Management rules, Subchapter
7, Use Rules
Incorporation
of certain amendments to the Coastal Zone Management rules, Subchapter
8, Resource Rules (pdf)
Comments on whether or not these actions should be considered Routine
Program Change should be sent by February 27, 2006 to:
National Oceanic and Atmospheric Administration
Office of Ocean and Coastal Resource Management
Attn: Ms. Kris Wall
SSMC4 N/ORM3 Rm. 11211
1305 East West Highway
Silver Spring , MD 20910
For further information about the above, contact Kimberly Springer
at (609 633-2201.
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12/14/05 - DEP Advances
Governor’s Coast 2005 Initiative by Naming the First New Jersey
Clean Marina
Department of Environmental Protection (DEP) Commissioner Bradley
M. Campbell today announced the designation of Silver Cloud Harbor
Marina as the first New Jersey Clean Marina. The implementation of
the NJ Clean Marina Program is part of the Governor’s Coast 2005
initiative to protect water quality and habitat.
View
the Press Release
DEP
Clean Marina Program
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7/26/05 -Notice of
Administrative Corrections and Comment Period Extension
On July 5, 2005, DEP published in the New Jersey Register a proposal
to reestablish certain coastal centers located on the mainland that
expired on February 7, 2005. The Department has discovered that the
proposal inadvertently failed to fully reflect the Departments
intent with reference to the West Cape May expired coastal center.
On August 15, 2005, the Department will be publishing in the New Jersey
Register a Notice of Administrative Corrections and Comment Period
Extension to address the status of the expired West Cape May coastal
center. The comment period for this proposal is scheduled to close
on September 3, 2005. The Department is extending the comment period
regarding the proposed amendments related to the West Cape May coastal
center to Monday, October 14, 2005. The comment period for all other
aspects of the proposal will expire on September 3, 2005. Written comments
regarding the proposed amendments to the West Cape May coastal center
may be submitted by October 14, 2005 to:
Gary J Brower, Esq.
Attention: DEP Docket No. 17-05-05-510
Office of Legal Affairs
Dep0artment of Environmental Protection
P.O. Box 402
Trenton, NJ 08625-0402
View
Notice of Administrative Corrections and Public Comment Period Extension (Pdf
Format)
View
the Press Release
View
the Rule Proposal (Pdf Format)
Link
to CAFRA Layers GIS Download
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7/5/05 - Coastal Center
Rule Proposal
On July 5, 2005, DEP published in the New Jersey Register a proposal
to reestablish certain coastal centers located on the mainland that
expired on February 7, 2005. DEP adopted coastal centers on an interim
basis to accommodate development in the CAFRA area while municipalities
pursued comprehensive planning through the State Planning process.
DEP has posted GIS data layers referenced in this rule proposal and
updated the NJDEP CAFRA and Coastal Centers, New Jersey data layer
to reflect the February expiration of coastal centers located on the
mainland.
View
the Press Release
View
the Rule Proposal (Pdf Format)
Link
to CAFRA Layers GIS Download
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6/15/04 - Routine Change to NJ Coastal Management
Program Approved
Federal regulations require states with approved coastal management
programs to submit changes to their coastal management program to the
Office of Ocean and Coastal Resource Management (OCRM) so that they
can determine if the program remains approvable after the changes.In
compliance with these regulations, on April 20, 2004 the New Jersey
Department of Environmental Protection submitted to OCRM a request
for concurrence with the Department's determination that the incorporation
of: (1) the Freshwater Wetlands Protection Act and rules for non-assumable
waters; (2) the Department's dredging technical manual dated October
1997; and (3) certain rulemaking actions amending the Coastal Permit
Program rules and the Coastal Zone Management rules, constitutes a
routine program change of the New Jersey Coastal Management Program.
By letter of May 28, 2004, OCRM concurred with the Department's determination
except for two sections of the Coastal Permit Program rules.Notice
of OCRM's findings will be published in the July 6, 2004 New Jersey
Register. Effective the date of publication in the New Jersey Register,
the Freshwater Wetlands Protection Act and rules; the Department's
dredging technical manual; and the rulemaking actions amending the
Coastal Permit Program rules and the Coastal Zone Management rules
approved by OCRM will be enforceable policies of New Jersey's Coastal
Management Program. Accordingly, they will be applicable to Federal
Consistency reviews under the auspices of the New Jersey Coastal Management
Program. Federal Consistency will not apply to those rules which OCRM
did not approve.
View
a Copy of the New Jersey Register Notice (Pdf Format)
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6/15/04 - Governor McGreevey's letter to
the U.S. Commission on Ocean PolicyOn April 20, 2004, the U.S.
Commission on Ocean Policy released its Preliminary Report, thereby
opening a public comment period, which ended on June 4, 2004. Governor
McGreevey responded to the Preliminary Report by letter of June 4,
2004. The Commission is currently reviewing comments received from
governors and interested stakeholders. Once it has considered all
comments, the Commission will prepare and submit a Final Report to
the President and Congress with recommendations on a coordinated
and comprehensive national ocean policy.
Governor
McGreevey's Letter (Pdf Format)
U.S.
Commission on Ocean Policy
Pew
Oceans Commission
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4/29/04 - Coastal Management
Program Evaluation (updated 6/15/04)The NOAA Office of Ocean
and Coastal Resource Management is evaluating the New Jersey Coastal
Management Program pursuant to section 312 of the Coastal Zone Management
Act of 1972 (CZMA), as amended, and regulations at 15 CFR part 923,
subpart L.
The CZMA requires continuing review of the performance of states with
respect to coastal program implementation. The review evaluates the
extent to which a state has met the national objectives of the CZMA,
adhered to its Coastal Management Program document approved by the
Secretary of Commerce, and adhered to the terms of financial assistance
awards funded under the CZMA.The evaluation included a site visit the
week of May 10-14, 2004, consideration of public comments, and consultations
with interested Federal, State, and local agencies and members of the
public. NOAA is expected to release a draft report in late July.
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4/20/05 - Acting Governor Richard J. Codey
Announces New Jersey's Coast 2005 Plan
On April 20, 2005, Acting Governor Richard J. Codey announced New
Jersey's Coast 2005, a comprehensive plan to protect the integrity
and economic viability of New Jersey's valuable coastal resources.
View
a Copy of New Jersey's Coast 2005 (Pdf Format)
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4/13/05 - Blue Ribbon Panel on Development
of Wind Turbine Facilities in Coastal Waters
On December 23, 2004, Acting Governor Richard J. Codey signed Executive
Order #12, creating a Blue Ribbon Panel on Development of Wind Turbine
Facilities in Coastal Waters. The Panel is charged with researching
the feasibility of offshore wind turbine facilities as an alternate
energy source for New Jersey. The Panel will be holding four public
meetings.
The webpage for the panel is www.njwindpanel.org.
Schedule
of Upcoming Events
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3/24/05 - Official Launch of the New Jersey Clean
Marina Program
The Coastal Management Office will officially launch the New Jersey
Clean Marina Program at a kick-off workshop on March 31, 2005. This
free Workshop is being held at the Clarion Hotel and Conference Center
in Atlantic City, NJ from 12 PM to 4:45 PM. The New Jersey Clean Marina
Program is a voluntary program that provides information, guidance,
and technical assistance to marina owners, local governments, and recreational
boaters regarding best management practices to protect water quality
and coastal resources.
The official New Jersey Clean Marina Program website is www.njcleanmarina.org.
Informational
Brochure (Pdf Format)
Registration
Form (Pdf Format)
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