• Coastal Management Program Home
• About the Program
• CMP History
• Coastal News
• Coastal Nonpoint Pollution Control Program
• Watershed and Land Management
• Coastal Enforcement
• Enforceable Policies
• Federal Consistency
• Coastal Hazards of NJ
• NJ Coastal Data
• 309 Assessment & Strategy
• Public Access
• Hudson River Waterfront Walkway
• Historic Fact Sheets
• Coastal Maps and Atlas
• NJ Clean Marina Program
• Contact CMP
• Links
• Photo Gallery
• WLM Home

News

10/03/24: Notice of Determination on Program Change for Coastal Management Program

Federal regulations require states with approved coastal management programs to submit changes to their coastal management program to the National Oceanic and Atmospheric Administration (NOAA) so that they can determine if the program remains approvable after the changes.

In compliance with these regulations, on July 10, 2024, the Department submitted a request for concurrence to modify the Federally approved New Jersey Coastal Management Program (NJCMP) to reflect a change in administration of the program. The change was initiated by the Commissioner of the New Jersey Department of Environmental Protection (NJDEP). The NJCMP is now administered by the Office of Climate Resilience (OCR) in the Commissioner’s Office of NJDEP.

Of a more substantial nature, the Department sought approval from NOAA to modify the Federally approved NJCMP to incorporate the Flood Hazard Area Control Act (N.J.S.A. 58:16A-50) and the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13-1.1 et seq.) which implements this Act.

By letter of October 3, 2024, NOAA approved the above changes. The enforceable policies identified in the Table of Approved Changes (see below) shall be applicable in reviewing federal actions pursuant to the federal consistency requirements of the CZMA and its implementing regulations found at 15 CFR part 930.the Therefore, effective October 3, 2024, the above regulatory amendments approved by NOAA are enforceable policies applicable to federal consistency reviews under the auspices of New Jersey’s Coastal Management Program.

• View Notice of Approved Program Change (pdf)

7/10/24: Notice of Program Change for Coastal Management Program

Take notice that the Department of Environmental Protection (Department) is seeking approval from the National Oceanic and Atmospheric Administration's Office of Coastal Management (NOAA) to modify the Federally approved New Jersey Coastal Management Program (NJCMP) to reflect a change in administration of the program. The change was initiated by the Commissioner of the New Jersey Department of Environmental Protection (NJDEP). The NJCMP is now administered by the Office of Climate Resilience (OCR) in the Commissioner’s Office of NJDEP. This change is considered minor in scope pursuant to 15 CFR 923.82(c).

• View Notice (pdf)

10/25/19: Survey Seeking Input on 2021-2025 Section 309 Enhancement Cycle

The Coastal Zone Enhancement Program under Section 309 of the Coastal Zone Management Act encourages State and Territorial Coastal Management Programs to strengthen and improve their federally approved program in one or more of the nine enhancement areas.  These areas are wetlands,  coastal hazards, public access, marine debris, cumulative and secondary impacts, special area management plans, ocean and Great Lakes resources, energy and government facility siting, and aquaculture.

On October 1, 2019, the New Jersey Coastal Management Program (NJCMP) began the assessment and strategy process for the 2021-2025 Section 309  enhancement cycle. Stakeholder and public involvement in the development of this document is an integral component of this process.  Accordingly, the NJCMP is seeking your input to help inform the development of the assessment and strategy.  Please complete this survey regarding your thoughts on the NJCMP and the nine enhancement areas by Friday, November 8, 2019.

The survey can be found here: https://www.surveymonkey.com/r/38L3C89

7/1/19: Notice of Request for Approval of Routine Program Change for Coastal Management Program

Federal regulations require states with approved coastal management programs to submit any changes or amendments to their coastal management programs to the NOAA so that they can determine if the program, after the change, remains approvable.

• To view the Notice of Program Change click here (pdf)
• To view the Program Change Submission click here (pdf)

5/16/18: Notice of Request for Approval of Routine Program Change for Coastal Management Program

Federal regulations require states with approved coastal management programs to submit any changes or amendments to their coastal management programs to the NOAA so that they can determine if the program, after the change, remains approvable.

In compliance with these regulations, the Department is proposing to modify the Federally approved New Jersey Coastal Management Program (NJCMP) to incorporate as an enforceable policy the Shore Tourism and Ocean Protection from Offshore Oil and Gas Act signed by Governor Murphy on April 20, 2018 pursuant to Federal Regulation 15 C.F.R. 923.80-923.84. 

• To view the Notice of Program Change click here (pdf)
• To view the Program Change Submission click here (pdf)

2/5/18: Notice of Request for Approval of Routine Program Change for Coastal Management Program

Federal regulations require states with approved coastal management programs to submit changes to their coastal management program to the National Oceanic and Atmospheric Administration (NOAA) so that they can determine if the program remains approvable after the changes.

In compliance with these regulations, on June 19, 2017, the Department submitted a request for concurrence with the Department’s determination that the incorporation of certain regulatory amendments, repeals and new rules that were adopted by the Department in June 2010 that address development in Atlantic City and parking requirements for residential development in the coastal zone, and rules adopted in July 2015 that consolidate the Coastal Permit Program rules, N.J.A.C. 7:7 and Coastal Zone Management Rules, N.J.A.C. 7:7E into a single chapter, known as the  Coastal Zone Management (CZM) Rules, N.J.A.C. 7:7, with other various regulatory changes constitutes a routine program change.

By letter of October 12, 2017, NOAA concurred with the Department’s determination. Notice of NOAA’s findings was published in the February 5, 2018 New Jersey Register. Effective February 5, 2018, the above regulatory amendments approved by NOAA are enforceable policies applicable to federal consistency reviews under the auspices of New Jersey’s Coastal Management Program.

To view the Notice of Program Change click here (pdf)

12/13/17: Building Ecological Solutions to Coastal Community Hazards – A Guide for New Jersey Coastal Communities

• View the document (pdf, 169 Mb)

6/19/17: Notice of Request for Approval of Routine Program Change for Coastal Management Program

Federal regulations require states with approved coastal management programs to submit any changes or amendments to their coastal management programs to the NOAA 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 incorporate the following into the NJCMP: regulatory amendments, repeals and new rules that were adopted by the Department in June 2010 that address development in Atlantic City and parking requirements for residential development in the coastal zone, and rules adopted in July 2015 that consolidate the Coastal Permit Program rules, N.J.A.C. 7:7 and Coastal Zone Management Rules, N.J.A.C. 7:7E into a single chapter, known as the  Coastal Zone Management (CZM) Rules, N.J.A.C. 7:7, with other various regulatory changes.

To view the Notice of Program Change click here (pdf)

To view the Program Change Submission click here (pdf)

4/22/16: NJCMP Public Meeting, June 9, 2016, JCNERR

View the Public Notice (pdf)

12/4/15: "New Jersey Coastal Management Program Section 309 Assessment & Strategy 2016-2020” approved by NOAA on September 28, 2015.

View the Document (pdf)

6/17/15: The New Jersey Department of Environmental Protection (DEP) is seeking partners for project proposals in response to the US Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), 2015 Regional Coastal Resiliency Grants Program.

Information on the Request for Qualifications, Partnership Proposal Request-2015 NOAA Regional Coastal Resiliency Grants Program may be found at https://www.nj.gov/dep/bulletin/ in the June 17, 2015 Bulletin. In order to be considered for partnership with DEP, a Statement of Qualifications per the RFP/Q must be submitted no later than 5:00 PM on July 1, 2015.

Grant Program Funding

NOAA recently announced the Regional Coastal Resiliency Grants Program which will support regional approaches to activities that build resilience of coastal regions, communities, and economic sectors to the negative impacts from extreme weather events, climate hazards, and changing ocean conditions. It will support planning for or implementation of measures that mitigate the impacts of environmental events and conditions on overall resilience, including economic and environmental resilience. Projects that are funded will result in improved information for decision makers and actions that reduce risk, accelerate recovery, and promote adaptation to changing social, economic, and environmental conditions.

NOAA is expected to award $5 million in grants to organizations that advance resilience strategies in plans for land and ocean use, disaster preparedness, environmental restoration, hazard mitigation, or in other regional, state, or community plans. 

Additional information on the federal RFP can be found at http://www.coast.noaa.gov/resilience-grant/.

3/17/14: 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 December 10, 2013, the Department submitted to OCRM a request for concurrence with the Department’s determination that the incorporation of the following into New Jersey's Federally approved Coastal Management Program constitutes a routine program change: regulatory amendments, repeals and new rules that were adopted on an emergency basis and subsequently readopted to address the significant adverse, social, economic, and environmental impacts associated with Superstorm Sandy which hit New Jersey’s coastline on Monday, October 29, 2012 (see 45 N.J.R. 1141(a), May 6, 2013; 45 N.J.R. 1696(a), July 15, 2013), and regulatory amendments to the CZM rules to implement legislative amendments to the Coastal Area Facility Review Act (CAFRA) concerning the construction of wind energy facilities on piers (see 44 N.J.R. 12(a), January 3, 2012; 44 N.J.R. 1972(a), July 16, 2012).

By letter of January 30, 2014, OCRM concurred with the Department’s determination. Notice of OCRM’s findings will be published in the March 17, 2014 New Jersey Register. Effective the date of publication in the New Jersey Register, the above regulatory amendments 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.

12/16/13: Notice of Request for Approval of Routine Program Change for Coastal Management Program-emergency rulemaking and subsequent readoption

Federal regulations require states with Federally approved coastal management programs to submit any changes or amendments to their coastal management programs to the National Oceanic and Atmospheric Administration’s 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 incorporate rule changes into the New Jersey Coastal Management Program (NJCMP).  The proposed changes would incorporate regulatory amendments, repeals and new rules to the Coastal Permit Program rules and Coastal Zone Management (CZM) rules.  These regulatory amendments, repeals and new rules were adopted on an emergency basis and subsequently readopted to address the significant adverse, social, economic, and environmental impacts associated with Superstorm Sandy which hit New Jersey’s coastline on Monday, October 29, 2012.  They were also adopted, and in support of the rebuilding and economic recovery of New Jersey’s coastal areas in an expeditious and resilient manner (see 45 N.J.R. 1141(a), May 6, 2013; 45 N.J.R. 1696(a), July 15, 2013). The proposed changes would additionally incorporate into the NJCMP regulatory amendments to the CZM rules to implement legislative amendments to the Coastal Area Facility Review Act (CAFRA) concerning the construction of wind energy facilities on piers (see 44 N.J.R. 12(a), January 3, 2012; 44 N.J.R. 1972(a), July 16, 2012).

• NJCMP program change submission (pdf) (This document contains the introduction, a discussion of the changes to the coastal rules in response to Superstorm Sandy, an overview of the changes to the Coastal Permit Program rules and CZM rules, and the rule text subject to be incorporated through the program change)
• Table A (pdf), Routine Program Change, Coastal Permit Program rules, N.J.A.C. 7:7  (This table identifies the changes to N.J.A.C. 7:7 and provides an analysis describing the changes and why they are not significant changes to the NJCMP)
• Table B (pdf), Routine Program Change, CZM rules, N.J.A.C. 7:7E (This table identifies the changes to N.J.A.C. 7:7 and provides an analysis describing the changes and why they are not significant changes to  the NJCMP)

Comments on whether or not these actions should be considered Routine Program Change should be sent by January 6, 2014 to:

NOAA Office of Ocean and Coastal Resource Management
Coastal Programs Division
Attn: Ms. Joelle Gore, Acting Chief
SSMC4, Rm. 11305
1305 East West Highway
Silver Spring, MD 20910

For further information concerning the above, contact Kim Springer at (609) 633-2201.

5/22/13: 2013 Mid-Atlantic Recreational Boater Survey

The 2013 summer boating season is about to begin.   Many boaters in the Mid-Atlantic from New Jersey to Virginia will receive a letter in the next two weeks that is being mailed to a pre-selected sample of ocean boaters inviting them to join the 2013 Mid-Atlantic Recreational Boater Survey.  The invitation will come in the mail and contain a unique identification code that will be used by the boater to log in and register online at:http://www.monmouth.edu/2013_Mid-Atlantic_Recreational_Boater_Survey.aspx.

Recreational boating in the Mid-Atlantic is a very important recreational and economic activity in the region.  Unfortunately, there is little documented data about the details of recreational ocean boating, such as duration of trips, and when and where boats visit.  Invited boaters are strongly encouraged to sign on.  In addition, spatial information about recreational ocean boating activity is vital to obtain to minimize ocean use conflicts.  The more participants the better the information.

Starting June 1st, participants will receive, via e-mail, a link to the monthly survey. Each monthly survey will focus questions on participant's most recent boating activity in the previous month. Surveys will be conducted from June to November.
Inquiries will be made about the location, duration, time, activities, and money spent on trips.

The survey is being conducted by that Monmouth University Urban Coast Institute and UMass Center for Survey Research and other collaborators on behalf of the Mid-Atlantic Regional Council on the Ocean (MARCO). The project is an extension of a similar survey that is already underway in New England.  MARCO is collaboration among the states of New York, New Jersey, Delaware, Maryland, and Virginia to manage ocean resources to improve their health and ensure the waters off the Mid-Atlantic continue to contribute to the region's quality of life and economic vitality. The data will be compiled to develop economic information and create maps enhance MARCO's online mapping tool, the Mid-Atlantic Ocean Data Portal. http://portal.midatlanticocean.org/portal/

For more information, contact Monmouth University Urban Coast Institute at 732-263-5662.

3/15/12: Coastal Hazards: Coastal Community Projects and Tools

The Office of Coastal Management (OCM) completed the development of two CZMA section 309 funded products under the Coastal Hazards issue area. The first is a Coastal Community Vulnerability Assessment Protocol (CCVAP), which is intended to be a mapping tool that allows communities to assess their geographic, environmental and social vulnerability to the impacts of storm surge and sea level rise. The CCVAP will use current information to provide coastal communities with a characterization of the vulnerability of their community (the built environment, public health and safety, natural resources and economy) to coastal hazards. The CCVAP can help communities plan for the impacts of storm events as well as the future impacts of sea level rise.

In conjunction with the CCVAP the OCM also developed the Getting to Resilience Questionnaire (GTR). A questionnaire designed to assist local governments characterize their existing municipal plans and identify opportunities to respond to the impacts of coastal hazards, storm surge and sea level rise. Additionally the GTR will assist coastal communities identify existing and develop new strategies to make their communities more resilient and better able to rebound from the adverse impacts of storm events. When used in conjunction with the CCVAP the GTR Questionnaire draws on the existing plans and strengths of coastal communities and encourages them to be better prepared to respond to the impacts of hazards and to be more pro-active in their planning of infrastructure improvements.

The OCM partnered with the New Jersey Sea Grant Consortium and others through the National Sea Grant Coastal Communities Climate Adaptation Initiative to pilot the CCVAP and the GTR in four coastal communities in New Jersey. The final reports for the pilot projects are provided below. Also provided is the Getting to Resilience (GTR) Questionnaire and link to the NOAA, Coastal Services Newsletter article featuring these products - http://www.csc.noaa.gov/magazine/2012/02/article2.html.

• Coastal Communities Climate Adaptation Initiative Pilot Project Final Report (pdf)
• Greenwich Township CCVAP Final Report (pdf)
• Getting to Resilience Questionnaire - March 2011 (pdf)
• Coastal Community Vulnerability Assessment and Mapping Protocol (pdf)

4/25/11: Third public hearing added to receive public comment of the proposed amendments relating to public access

Please take notice that the New Jersey Department of Environmental Protection has scheduled a third public hearing to provide the public an opportunity to comment on the Department’s proposal of amendments restructuring when and how public access to tidal waters and their shorelines is required under the Coastal Permit Program rules, N.J.A.C. 7:7, and the Coastal Zone Management rules, N.J.A.C. 7:7E. These proposed amendments were published in the April 4, 2011 New Jersey Register at 43 N.J.R. 772(a).

A copy of the proposal is available from the Department’s website at www.state.nj.us/dep.

The third public hearing concerning the proposal is scheduled as follows:

Monday, May 23 2011 at 1:00 P.M.
Seaside Heights Municipal Court House
2nd Floor Court Room 116
Sherman Avenue
Seaside Heights, New Jersey 08751

3/7/11: 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 November 1, 2010, the Department submitted to OCRM a request for concurrence with the Department’s determination that the incorporation of the following into New Jersey's Federally approved Coastal Management Program constitutes a routine program change: regulatory amendments to the Coastal Zone Management (CZM) rules regarding endangered and threatened wildlife and plant species habitat, Atlantic City, endangered or threatened wildlife or plant species habitat evaluations and impact assessments, energy use, high-rise structures and scenic resources that were adopted September 7, 2010; regulatory amendments to the Coastal Permit Program rules regarding the addition of permits-by-rule and coastal general permits for the construction of wind turbines and solar panels, and the exemption of certain wind and solar developments from requiring a coastal permit that were adopted September 7, 2010; the NJDEP Large Scale Wind Turbine Siting Map; and the NJDEP Technical Manual for Evaluating Impacts of Wind Turbines Requiring Coastal Permits, September 7, 2010.

By letter of January 13, 2011, OCRM concurred with the Department’s determination. Notice of OCRM’s findings was published in the March 7, 2011 New Jersey Register. Effective the date of publication in the New Jersey Register, the above 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.

2/9/11: New Jersey Coastal Management Program Section 309 Assessment and Strategy for comment

In accordance with the Federal Coastal Zone Management Act, New Jersey is required to assess nine issue areas of its Coastal Management Program every five years and provide a strategy for program enhancements in one or more of the issue areas. These areas are aquaculture, coastal hazards, cumulative and secondary impacts, energy and government facility siting, marine debris, ocean resources, public access, special area management planning, wetlands.

The Coastal Management Office has prepared the New Jersey Coastal Management Program Section 309 Assessment and Strategy following the format required by NOAA’s Office of Ocean and Coastal Resource Management. The Coastal Management Office held meetings during the Fall of 2010 to discuss the draft assessment and to provide input to the strategy proposed. The input on the draft assessment provided recommendations for prioritizing the nine issues, and ideas for strategies to address the priority areas for the next five years.

The draft assessment and strategy can be viewed at:

https://www.state.nj.us/dep/cmp/czm_309.html

Written comments are also welcome, and can be submitted electronically to

AskCMP@dep.nj.gov or
by mail to 401-07D,
Coastal Management Office,
309 Assessment and Strategy Comments,
P.O. Box 420,
Trenton, NJ 08625-0420.

Please submit written comments by March 14, 2011 so they may be submitted to NOAA for their consideration.

11/1/10: Notice of Request for Approval of Routine Program Change for Coastal Management Program-wind and solar energy

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 incorporate the following into the NJCMP: regulatory amendments to the Coastal Zone Management (CZM) rules regarding endangered and threatened wildlife and plant species habitat, Atlantic City, endangered or threatened wildlife or plant species habitat evaluations and impact assessments, energy use, high-rise structures and scenic resources that were adopted September 7, 2010; regulatory amendments to the Coastal Permit Program rules regarding the addition of permits-by-rule and coastal general permits for the construction of wind turbines and solar panels, and the exemption of certain wind and solar developments from requiring a coastal permit that were adopted September 7, 2010; the NJDEP Large Scale Wind Turbine Siting Map; and the NJDEP Technical Manual for Evaluating Impacts of Wind Turbines Requiring Coastal Permits, September 7, 2010.

• Section I. Introduction
• Section II. CZM Rule Regulatory Amendments and Consideration of the National Interest in Energy Production
• Section III. Potential Effects of Wind Turbines on Birds, Bats and Marine Organisms in New Jersey’s Coastal Zone
• NJDEP Large Scale Wind Turbine Siting Map Adaptive Management – Curtailment of Wind Turbine Operations
• Section IV. CZM rules, N.J.A.C. 7:7ESummary of Changes to Coastal Zone Management rules
• Table A – Routine Program Change, Coastal Zone Management rules, N.J.A.C. 7:7E-3.38, 3C.2, 7.4, 7.14, and 8.12
• Upland Waterfront Development Area description
• Rule text subject to Routine Program Change
• Section V. Coastal Permit Program rules, N.J.A.C. 7:7 Summary of Changes to Coastal Permit Program rules
• Table B - Routine Program Change, Coastal Permit Program rules, N.J.A.C. 7:7-1.3, 2.1, 2.3, 4.2, 7.2, 7.30 and 7.31
• Rule text subject to Routine Program Change
• Section VI. NJDEP Technical Manual for Evaluating Impacts of Wind Turbines Requiring Coastal Permits - Technical Manual Overview Program Change Analysis
• Appendix A. NJDEP Technical Manual for Evaluating Impacts of Wind Turbines Requiring Coastal Permits, September 7, 2010
• Appendix B. NJDEP Large Scale Wind Turbine Siting Map
• Appendix B. NJDEP Large Scale Wind Turbine Siting Map Report
  

Comments on whether or not these actions should be considered Routine Program Change should be sent by November 22, 2010 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 concerning the above, contact Kim Springer at (609) 633-2201.

09/07/10: Coastal Permit Program rules, Coastal Zone Management Rules and Flood Hazard Area Control Act rules - Wind and solar energy

On September 7, 2010, the DEP published in the NJ Register the adoption of amendments to the Coastal Permit Program rules, Coastal Zone Management rules and Flood Hazard Area Control Act rules that were proposed on September 8, 2009. The following is a brief overview of the adoption for the benefit of the public but in no way overrides, interprets or otherwise modifies the regulations.

Under the Coastal Permit Program rules, the adopted amendments add a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land; add a new permit-by-rule for the construction of solar panels; and describe the situations in which construction of a wind turbine or solar panel does not require a coastal permit. The adopted amendments to the Coastal Zone Management rules modify setbacks for wind and solar development, identify particular areas where construction of large scale wind turbines would not be appropriate, and set forth monitoring, habitat evaluation and impact assessment requirements for birds, bats and marine organisms. The adopted amendments also allow the construction of a demonstration wind energy facility in the ocean waters of the State to assist in assessing the impacts of such a facility. The adopted amendments to the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, add a new permit-by-rule for the construction of wind turbines on land.

The new rules and adopted amendments are accompanied by a technical manual containing the Department’s monitoring guidelines. These guidelines consist of survey protocols to evaluate the impacts of wind turbines on birds and bats in the coastal region.

• View the rule adoption (PDF)
• View Technical Manual for Evaluating Wildlife Impacts of Wind Turbines Requiring Coastal Permits (PDF)
• View Large Scale Wind Turbine Siting Map Report (PDF)
• View Large Scale Wind Turbine Siting Map

8/27/10: Draft New Jersey Coastal Management Program Section 309 Assessment for comment and Public Meetings

In accordance with the Federal Coastal Zone Management Act, New Jersey is required to assess its Coastal Management Program every five years and provide a strategy for program enhancements in nine areas. These areas are aquaculture, coastal hazards, cumulative and secondary impacts, energy and government facility siting, marine debris, ocean resources, public access, special area management planning, wetlands.

The Coastal Management Office has prepared the Draft New Jersey Coastal Management Program Section 309 Assessment following the format required by NOAA’s Office of Ocean and Coastal Resource Management.

The Coastal Management Office is holding meetings at two locations to discuss the draft assessment and the strategy for the next five years. We hope to gather input on the draft assessment, recommendations for prioritizing the nine issues, and ideas for strategies to address the priority areas over the next five years.

September 13, 2010
1:30 p.m.
DEP Headquarters Building
Public Hearing Room
401 E. State Street
Trenton, NJ 08625

September 15, 2010
9:30 a.m.
Monmouth University
Magill Club Dining Room
Room 107-108
400 Cedar Avenue
West Long Branch, NJ

If you have any questions, please contact Ann Marie Hoagland at annmarie.hoagland@dep.nj.gov or by phone at 609-633-2201. Written comments are also welcome, and can be submitted to Ms. Hoagland electronically or by mail to Coastal Management Office, P.O. Box 418, Trenton, NJ 08625. Please submit written comments by September 15, 2010 as the assessment and draft strategy must be submitted to NOAA by October 1, 2010.

The draft assessment can be viewed at: https://www.state.nj.us/dep/cmp/czm_309.html

4/19/10: Notice of Acceptance of new and changed CAFRA center and core boundaries pursuant to N.J.A.C. 7:7E-5B.3

On April 19, 2010, the DEP published in the NJ Register notice of its acceptance of new and changed CAFRA center boundaries pursuant to N.J.A.C. 7:7E-5B.3. The Department has determined to accept the community development boundaries that have been formally approved by the State Planning Commission as the boundaries for Cape May Point Village Center (Borough of Cape May Point, Cape May County) and Ocean City Regional Center (City of Ocean City, Cape May County). The community development boundaries will be effective May 19, 2010 and will be incorporated into the CZM rules for purposes of applying impervious cover and vegetative cover requirements. The impervious cover limit will be 60 percent within the Cape May Point CAFRA village, and 80 percent within the Ocean City CAFRA Regional Center.

View notice

2/24/10: Notice of an Informal Meeting between the Department and Stakeholders on the Proposed Amendments to Coastal Permit Program rules, N.J.A.C. 7:7, Coastal Zone Management rules N.J.A.C. 7:7E and Flood Hazard Area Control Act rules N.J.A.C. 7:13

Pursuant to Governor Christie's Executive Orders 1, 2 and 3 (January 20, 2010), the New Jersey Department of Environmental Protection (the Department) is holding an informal meeting to allow any interested stakeholders or members of the public to discuss the Department’s proposed amendments to the Coastal Permit Program rules, N.J.A.C. 7:7, Coastal Zone Management rules, N.J.A.C. 7:7E and Flood Hazard Area rules, N.J.A.C. 7:13 relating to the development of wind and solar energy facilities. A previous stakeholder meeting was held on December 11, 2008 to gather information and concerns about natural resource impacts that could result from the development of terrestrial wind turbines in New Jersey’s coastal zone and to present an overview of the regulatory approach under consideration, particularly the tiered approach to regulation.

The stakeholder meeting will be held on the following date and time:

March 8, 2010 - 9:00 am
Department of Environmental Protection Building
Public Hearing Room - 1st Floor
401 East State Street
Trenton, NJ

At this meeting, the Department will be discussing and inviting comment on the rule proposal in consideration of the topics outlined in the Governor's Executive Orders 1, 2 and 3. Among the topics to be discussed are:

1. Economic Analysis:

a. what is the effect of the proposal on New Jersey's economy?
b. do the burdens on business and workers outweigh the intended benefits?
c. the cost/benefit analysis performed by the Department as part of the proposal process, as well as scientific and economic research available from other jurisdictions relevant to this proposal;

2. Federal Standards Comparison:

a. do the proposed rules exceed Federal standards and if so, why?

3. Process Improvement Evaluation:

a. how the proposal addresses processing time, extent of required submissions, coordination with other programs and agency requirements;
b. the public process used for this proposal as it relates to advance notice of rulemaking;
c. the effect of the proposal on permits and applications for permits;
d. the applicability of "waiver" provisions to this proposal;

4. Compliance and Enforcement Evaluation:

a. the performance-based nature of the proposed rules.

People who have already provided comments on the rule proposal should not resubmit their prior comments as they are already part of the record for this rulemaking. This is an informal meeting and not a public hearing. No transcription will be made. Additional formal written comments may be submitted by March 15, 2010. Please see the Department's website at https://www.nj.gov/dep/rules/2010_ext.html for information on the comment period extension and how to submit additional comments on this rulemaking.

11/16/09 : 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 September 1, 2009, the Department submitted to OCRM a request for concurrence with the Department’s determination that the incorporation of the following into New Jersey's Federally approved Coastal Management Program constitutes a routine program change: the New Jersey Meadowlands Commission Master Plan (NJMC Master Plan) adopted in 2004 (only certain strategies in Chapter 10 are considered enforceable policies); portions of subchapters 2, 3 ,4, 5, 7, 8 and 9 of the District zoning regulations, N.J.A.C. 19:4 as amended through January 20, 2009; regulatory amendments to the Coastal Zone Management (CZM) rules regarding Wetlands and the Hackensack Meadowlands District that were adopted on April 7, 2008; and the November 9, 2005 MOA between the NJDEP and NJMC.

By letter of October 1, 2009, OCRM concurred with the Department’s determination. Notice of OCRM’s findings was published in the November 16, 2009 New Jersey Register. Effective the date of publication in the New Jersey Register, the above 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.

10/28/09: The Department is extending the comment period for proposed new rules and amendments to the Coastal Permit Program rules, N.J.A.C. 7:7; Coastal Zone Management rules, N.J.A.C. 7:7E; and Flood Hazard Area Control Act rules, N.J.A.C. 7:13 relating to wind and solar energy.

This proposal was published in the New Jersey Register on September 8, 2009 at 41 N.J.R. 3168(a). The comment period for this proposal was originally scheduled to close on November 7, 2009. The Department is extending the comment period by 30 days to Monday, December 7, 2009.

Notice of Extension of Comment Period (PDF)

09/08/09: Coastal Permit Program rules, Coastal Zone Management Rules and Flood Hazard Area Control Act rules - Wind and solar energy

On September 8, 2009, the DEP published in the NJ Register a proposal to amend the Coastal Permit Program rules, to add a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land; add a new permit-by-rule for the construction of solar panels; and describe the situations in which construction of a wind turbine or solar panel does not require a coastal permit. The Department is also proposing amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, to facilitate the construction of wind turbines in the coastal zone in appropriate locations, identify particular areas where construction of large scale wind turbines would not be appropriate, and set forth monitoring, habitat evaluation and impact assessment requirements for birds, bats and marine organisms. The Department is also proposing amendments to allow the construction of a demonstration wind energy facility in the ocean waters of the State to assist in assessing the impacts of such a facility. In addition, the Department is proposing amendments to the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, to add a new permit-by-rule for the construction of wind turbines on land.

The comment period on this proposal ends November 7, 2009.

• View notice of the proposal
  
• View the rule proposal
  
• View Technical Manual for Evaluating Wildlife Impacts of Wind Turbines Requiring Coastal Permits (PDF)
  
• View Large Scale Wind Turbine Siting Map Report (PDF)
  
• View Large Scale Wind Turbine Siting Map

09/08/09: Notice of Request for Routine Program Change Approval for Coastal Management Program-New Jersey Meadowlands

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 incorporate the following into the NJCMP: the New Jersey Meadowlands Commission Master Plan (NJMC Master Plan) adopted in 2004 (only certain strategies in Chapter 10 are considered enforceable policies); portions of subchapters 2, 3 ,4, 5, 7, 8 and 9 of the District zoning regulations, N.J.A.C. 19:4 as amended through January 20, 2009; regulatory amendments to the Coastal Zone Management (CZM) rules regarding Wetlands and the Hackensack Meadowlands District that were adopted on April 7, 2008; and the November 9, 2005 MOA between the NJDEP and NJMC;.

More information and documents, please click here.

09/08/09: Notice of Acceptance of new and changed CAFRA center and core boundaries pursuant to N.J.A.C. 7:7E-5B.3

View Notice

06/03/09: Notice of Approval-Routine Program Change

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 March 12, 2009 the NJ Department of Environmental Protection submitted to OCRM a request for concurrence with the Department's determination that the incorporation of regulatory amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, specifically N.J.A.C. 7:7E-1.1, 1.5, 1.6, 1.8, 3.4 and 3.21 that were proposed on March 5, 2007 and adopted April 7, 2008 constitute a routine program change to New Jersey's approved Coastal Management Program.

By letter of April 14, 2009, OCRM concurred with the Department's determination. Notice of OCRM's findings was published in the June 1, 2009 New Jersey Register.  The Federal consistency requirements of the Federal Coastal Zone Management Act apply to the approved provisions as of June 1, 2009.

To view a copy of the New Jersey Register notice click here.

back to top

03/16/09: Notice of Request for Approval of Routine Program Change for Coastal Management Program-Incorporation of CZM Regulatory amendments

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 incorporate regulatory amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, specifically N.J.A.C. 7:7E-1.1, 1.5, 1.6, 1.8, 3.4 and 3.21 that were proposed on March 5, 2007 and adopted April 7, 2008.  The adopted amendments reorganize and refine the purpose and scope of the Coastal Zone Management rules; update the goals of the Coastal Zone Management rules and New Jersey's Coastal Management Program; refine the definition, and incorporate new digital mapping of prime fishing areas; and add the Shawcrest/Hildreth Island to the list of bay islands exempted from the bay island rule.  The Department is asking that NOAA's Office of Ocean and Coastal Resource Management concur that incorporating the above listed rulemaking actions into New Jersey's federally approved Coastal Management Program constitutes a Routine Program Change.  To view the submittal click on one of the following:

Routine Program Change analysis (PDF)
Rule text subject to program change (PDF)
Attachment "A" - enforceable mechanism (PDF)
NJR Notice (PDF)

Comments on whether or not these actions should be considered Routine Program Change should be sent by April 6, 2009 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 concerning the above, contact Kimberly Springer at (609) 633-2201.

back to top

01/21/09: Coastal Zone Management Rules – Bay Islands, Filled Water’s Edge, Atlantic City, and Traffic

On January 20, 2009, the DEP published in the NJ Register a proposal to amendment the Coastal Zone Management rules, specifically the Bay islands rule, the Filled water’s edge rule, the Atlantic City rule, and the Traffic rule.  The proposed amendments: add the 143-acre Bader Field, a former airfield in Atlantic City, to the list of areas which, for the purposes of this chapter, are not considered bay islands; allow the Filled water’s edge rule to be satisfied in the area of Bader Field by provision of a public walkway in lieu of setting aside a 100 foot wide area along the waterfront for future water-dependent use;  modify the list of street ends protected from development under the Atlantic City rule by removing certain street ends from protected status and adding other street ends to balance those that will no longer be protected; change the standard of the Atlantic City rule applicable to protected street ends from prohibited to discouraged;  modify the parking requirements of the Traffic rule that apply to municipalities that border the Atlantic Ocean by establishing parking requirements based on the size of residential development unit, requiring one rather than two spaces per unit for units of 650 square feet or less; limit the parking requirements of the Traffic rule to areas within one-half mile of an oceanfront beach or dune.

The comment period on this proposal ends March 21, 2009.

View the notice of rule proposal: https://www.nj.gov/dep/rules/notices/012009b.html
View the rule proposal (pdf): https://www.nj.gov/dep/rules/proposals/012009b.pdf

back to top

01/20/09: Public Access Adoption

On January 20, 2009, the DEP published in the New Jersey Register the adoption of amendments to the Coastal Zone Management rules the were proposed on December 17, 2007.  The following is an attempt to provide a brief overview of the adoption for the benefit of the public but in no way overrides, interprets or otherwise modifies the regulations.

The adopted rules allow the modification of the linear public access along a tidal waterway at superhighways and for homeland security.  The amendments modify the requirements for municipalities participating in Shore Protection Program funding through a State Aid Agreement for projects along the Atlantic Ocean, Sandy Hook Bay, Raritan Bay and Delaware Bay and their shores.  In addition, the Green Acres funding requirements are amended to change the timing for submission of the public access plan and Public Access Instrument, where applicable.  In response to the Public Access and Marina Safety Task Force Act, N.J.S.A. 13:19-38 ET SEQ., the Department is not adopting the proposed amendments that would have allowed the modification of the linear public access along a tidal waterway at marinas.

View the rule adoption (pdf)

back to top

12/22/08: Terrestrial Wind Regulation in the New Jersey Coastal Zone

The New Jersey Department of Environmental Protection (NJDEP) conducted a stakeholder meeting on Thursday, December 11, 2008, 2:00 pm - 4:00 pm in the Public Hearing Room. The meeting focused on gathering information and concerns about natural resource considerations from stakeholders regarding the development of terrestrial wind turbines in New Jersey, with a focus on the coastal area, and a general overview of the Department’s activities in this regard. Information and concerns should be directed to annmarie.hoagland@dep.nj.gov no later than January 15, 2009.

View the PowerPoint Presentation (ppt)

back to top

12/15/08: Coastal Permit Program rules – Permit-by-rule for boat wash wastewater systems
On December 15, 2008, the Department published in the New Jersey Register amendments to the Coastal Permit Program rules.  The amendments add a new permit-by-rule for the construction and/or installation of boat wash wastewater systems and associated infrastructure that prevent any discharge of boat wash wastewater to the waters of the State at marinas, boatyards and boat sales facilities. This new permit-by-rule is available to any marina, boatyard or boat sales facility that installs a boat bottom wash wastewater system, including those necessary to comply with the equipment and vehicle washing provisions of the Basic Industrial Stormwater General Permit (5G2) under the NJPDES rules and those that are not subject to this general permit but that wish to voluntarily install such systems.

View the rule adoption (pdf)

back to top

9/09/08: New Jersey Coastal and Estuarine Land Conservation Program Draft Plan

The Coastal Management Office has prepared this DRAFT Coastal and Estuarine Land Conservation Plan for New Jersey. The Draft Plan is being made available for public review and comment for a period of 30 days (September 8th through October 7, 2008). At the close of the 30 day comment period the Coastal Management Office will review the comments submitted and revise the document as appropriate. A revised draft Coastal and Estuarine Land Conservation Plan for New Jersey will then be submitted to NOAA for review and approval.

Opportunity for Public Comment (pdf)
DRAFT Coastal and Estuarine Land Conservations Program Draft Plan (pdf)

back to top

03/27/08: Coastal Zone Management Rule Amendment Adoption

On March 5, 2008, the DEP filed with the Office of Administrative Law the adoption of amendments proposed on March 5, 2007. The adoption will be published in the New Jersey Register on April 7, 2008. The adopted amendments update the goals of the New Jersey’s Coastal Management Program; incorporate new digital mapping of prime fishing 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 by revising parking standards and standards for scenic resources and design.

View the Rule Adoption
Coastal Management Program