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State of New Jersey Department of Environmental Protection

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Permit-by-rule (PBR) 2 - development of a single-family home or duplex and/or accessory development on a bulkheaded lagoon lot

The PBR 2 authorizes the development (including expansion or reconstruction and expansion) of a single-family home or duplex and/or accessory development (such as garages, sheds, pools driveways, grading, excavation and clearing excluding shore protection structures) provided the single family home or duplex and accessory development are located on a bulkheaded lagoon lot and provided the proposed single-family home or duplex and/or accessory structures comply with all of the following:

  • Development under this PBR shall not result in development of more than one single-family home or duplex either solely or in conjunction with a previous development as
    defined at N.J.A.C. 7:7-2.2(b)8;
  • The site is located on a man-made lagoon lot, with an existing bulkhead along the entire waterfront portion of the site;
  • All waterfront portions of the site are protected by a currently serviceable bulkhead;
  • There are no wetlands on the site landward of the bulkhead;
  • The proposed single family home or duplex and accessory structures, excluding decks, are set back a minimum of 15’ from the waterward face of the bulkhead.
  • A silt fence is erected landward of the bulkhead with a 10’ landward return on each end prior to construction;
  • If the development includes the construction of a driveway, any newly constructed portion of the driveway shall be covered with a permeable material or else be pitched to drain all runoff onto permeable areas of the site;
  • The development shall meet the requirements of N.J.A.C. 7:7-9.25 (Flood hazard areas);
  • The single-family home or duplex shall be serviced by an existing municipal sewer system; and
  • All sub-gravel liners must be made of filter cloth or other permeable material.

Full details are provided at N.J.A.C.7:7-4.2.

If your project does not meet the requirements of the PBR 2, it may qualify for a General Permit 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