Governor Phil Murphy • Lt.Governor Sheila Oliver
The vast majority of living shoreline projects are authorized under the permits described on our Regulations & Permits and Coastal Individual Permits pages. However, for living shorelines along regulated waters outside of the coastal zone, a permit under the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13) is required. Living shoreline projects will be reviewed as bank stabilization projects for the purposes of this permit. For projects in or near coastal wetlands that are not mapped on the Department’s Coastal Wetland Maps, a freshwater wetlands permit under the Freshwater Wetlands Protection Act is required.
See the Division of Land Use Regulation’s website for more information on permitting and contact the Division at (609)777-0454 with questions on applicability of different rules to any potential projects.
Other Land Use Rules
A note on Tidelands:
Tidelands include all lands that are currently or formerly flowed by the mean high tide of a natural waterway, and these lands are held in trust by the State of New Jersey for the people of the State. To conduct an activity on State-owned tidelands, written permission is needed from the State and a fee to the State is required. The Tidelands Resource Council is currently developing a policy that balances the environmental benefits of living shorelines with the Council’s obligation to collect equitable compensation for utilization and occupation of State-owned tidelands. Until a policy is adopted, living shorelines will be evaluated on a case-by-case basis.
For more information on tidelands, see the Division of Land Use Regulation’s website.
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Last Updated: January 10, 2019