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

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GENERAL PERMIT 28 – Dredging of Material from a Waterway at a Residential or Commercial Development Deposited as a Result of the Failure of a Bulkhead as a Consequence of a Storm Event for which the Governor Declared a State of Emergency

General Permit 28 authorizes the dredging of material from a waterway at a residential or commercial lot that was deposited as a result of the failure of a legally existing bulkhead that was damaged as a result of a storm event for which the Governor declared a State of Emergency, provided:

  • The volume of sand to be dredged is limited to that which resulted from the bulkhead failure;
  • The area to be dredged is limited to that where the material was deposited as a result of the bulkhead failure;
  • The dredged material is placed on an upland portion of the lot, dewatered as necessary within a temporary dewatering area, and capped with a 6” layer of clean fill and stabilized;
  • A 25’ buffer is provided from any wetlands to the nearest edge of the area to be dredged; and
  • Any debris contained within the dredged material is removed and disposed of properly.

Please be advised:

  • An application under this General Permit shall be received by the Department no later than 24 months after the date the Governor declared a State of Emergency.
  • An authorization of dredging issued under this General Permit shall not be considered in determining whether a future dredging activity constitutes maintenance dredging as defined at N.J.A.C. 7:7-12.6 at the same site.

Full details are provided at N.J.A.C.7:7-6.28

If your project does not meet the requirements of the General Permit 28, it may qualify for another General Permit, Permit-by-rule, or an Individual Permit.  Additional information on these permit types can be found on the Coastal Permitting page.

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Last Updated: August 26, 2019