NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Office Policy, Planning and Science
Coastal Management Office

Notice of Rule Proposal
Coastal Permit Program rules; Coastal Management rules, N.J.A.C.
7:7 and 7:7E

Public Notice
Take notice that the NJ Department of Environmental Protection
is proposing to amend the Coastal Permit Program rules, N.J.A.C.
7:7 and Coastal Zone Management rules, N.J.A.C. 7:7E to protect
and improve public access to tidal waterways and their shores
through the repeal and replacement of the existing Public access
to the waterfront rule with a new rule, Public trust rights
rule, N.J.A.C. 7:7E-8.11.  A statement of the substance
of the proposal follows:

The existing Public access to the waterfront rule is being
repealed and replaced with a new rule, Public trust rights
rule, N.J.A.C. 7:7E-8.11.  The proposed new rule strengthens
the Department’s existing public access requirements and sets
forth specific requirements for Shore Protection Program and
Green Acres funding.  In addition, a new special area
rule, Lands and waters subject to public trust rights, N.J.A.C.
7:7E-3.50, to protect tidal waterways and their shores and
ensure public access to these lands is provided.   The
Department also proposes a new subchapter N.J.A.C. 7:7E-8A;
Information required to demonstrate compliance with the public
trust rights rule:  Conservation Restrictions and Public
Access Instruments, which contains the information necessary
to demonstrate compliance with the strengthened standards of
the rule.

In addition, various coordinating amendments to the coastal
permitting requirements at N.J.A.C. 7:7E-7:7 are proposed.  These
amendments clarify that compliance with a permit includes compliance
with all aspects of the permit and failure to comply with permit
conditions and approved plans constitutes a violation and defines “responsible
party” for the purposes of an enforcement action.  A
new condition applicable to all coastal permits is being added.  This
condition provides that authorization of construction shall
not be seen as a relinquishment of public rights to access
and use lands and waters subject to public trust rights.  Further,
15 coastal general permits are being amended to add a new or
modify an existing permit condition requiring public access
be provided in accordance with the Lands and waters subject
to the public trust rights and Public trust rights rule.

The proposal is scheduled to be published in the New Jersey
Register dated November 6, 2006.  A
copy of the proposal is available from the Department’s
web site.(PDF)

Three public hearings concerning the proposal are scheduled
as follows:

Tuesday,
November 28, 2006 at 11:00 A.M.
Liberty State Park
Central Railroad Terminal Building
Blue Comet Auditorium
1 Audrey Zapp Drive
Jersey City, NJ 07305

Friday, December 1, 2006 at 11:00 A.M.
New Jersey Department of Environmental Protection
Public Hearing Room
401 East State Street
Trenton, NJ 08060

Monday, December 4, 2006 at 11:00 A.M.
Richard Stockton College of New Jersey
Townsend Residential Life Center Multi-Purpose Room
Jimmy Leeds Road
Pomona, NJ 08420

Written comments may be submitted by January 5, 2007 to:

NJ
Department of Environmental Protection
Gary
Brower, Esq.
ATTN:
DEP Docket No. 19-06-09/482
Office
of Legal Affairs
PO
Box 402
Trenton,
New Jersey 08625