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

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Permit-by-rule (PBR) 6 - reconstruction of a residential or commercial development within the same footprint

Other than reconstruction within the CAFRA area that meets the exemption from a CAFRA permit at N.J.A.C. 7:7-2.2(c)3, the PBR 6 authorizes the reconstruction, within the same footprint, of a legally constructed residential or commercial development that has been or could have been legally occupied in the most recent 5-year period, provided that such reconstruction:

  • Is in compliance with existing requirements or codes of municipal, State, and Federal law;
  • Does not result in the enlargement or relocation of the footprint of the development;
  • In the case of a residential development, does not result in an increase in the number of dwelling units;
  • In the case of a commercial development, does not result in an increase in the number of parking spaces or equivalent paved area associated with the development;
  • Meets the requirements of N.J.A.C. 7:7-9.25 (Flood hazard areas); and
  • Does not increase the area covered by buildings and/or asphalt or concrete pavement.

Please be advised:

  • The PBR 6 does not apply to repairs or maintenance of the residential or commercial development, such as replacing siding, windows or roofs.

Full details are provided at N.J.A.C.7:7-4.6.

If your project does not meet the requirements of the PBR 6, 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