NJ Coastal Zone Management Emergency Authorizations
The Department shall issue an emergency authorization only if the person seeking such authorization demonstrates that a threat to life, severe loss of property, or environmental degradation exists or is imminent, and the threat, severe loss, or degradation:
- Can only be prevented or ameliorated through undertaking a regulated activity; and
- Is likely to occur, persist, or be exacerbated before the Department can issue an authorization under a general permit or an individual permit for the preventive or ameliorative activity.
For example, if your bulkhead is wholly or partially destroyed due to a storm event, and the property’s upland area has been significantly damaged or is likely to be significantly damaged as a result, an emergency authorization may be issued for bulkhead replacement. The potential for severe environmental degradation may also warrant issuance of an emergency authorization.
A person requesting an emergency authorization shall provide the Department with the following information by telephone and by fax, electronic mail, or letter (unless the nature of the emergency is so immediate that only telephone notice is feasible):
- The name, address, and contact information for the owner(s) of the property upon which the regulated activity will be conducted and for the owner(s) of any other properties affected by the proposed regulated activity;
- A demonstration that the property owner(s) has given permission for the proposed regulated activity or, in the case of a public entity proposing activities on private property through power of eminent domain, a written statement of the public entity’s intention to conduct the regulated activity;
- The street address, lot, block, municipality, and county of the property upon which the regulated activity is proposed;
- The nature and cause of the threat to life, severe loss of property, or environmental degradation, including the condition of existing structures, the vulnerability of people and/or property, and the threat to the environment;
- The date and time at which the person requesting the emergency authorization learned of the threat to life, severe loss of property, or environmental degradation;
- The nature and extent of the proposed regulated activity;
- The proposed start and completion dates for the proposed regulated activity;
- Photographs of the area where the regulated activity will be conducted;
- If possible, a site plan showing the proposed regulated activity and anticipated impacts of the proposed activity to special areas; and
- Any other information necessary for the Department to ensure compliance with the requirements of this chapter.
Please be advised:
The Department shall issue or deny an emergency authorization within 15 calendar days after receiving a request that meets the above requirements.
Within 90 calendar days of emergency authorization receipt, the person receving the authroization shall submit to the Department a General Permit or Individual Permit application for the activities conducted. This timeframe may be revised by the Department if deemed necessary.
The Department may modify or terminate an emergency authorization at any time without prior notice if the Department determines that modification or termination is necessary to protect public health, safety, and welfare, and/or the environment.
Regulated activities not authorized under the emergency authorization, subsequent General Permit or subsequent Individual Permit, shall constitute a violation subject to enforcement action.