Watershed & Land Management

The construction of Appurtenant Improvements within Freshwater Wetlands (FWW) or FWW transition areas (Buffers) requires a FWW General Permit No. 8 “House Additions” from this Division. Additions and/or appurtenant improvements are not permitted in State open waters under this General Permit.

There is a specific set of requirements in order to qualify for a FWW General Permit No. 8.

• The dwelling must be lawfully existing prior to July 1, 1988.
• Improvements or additions must be less than a cumulative surface area of 750 square feet of fill and/or disturbance and will not result in new alterations to a freshwater wetlands outside of the 750 square foot area.
• An addition or improvement shall be located within 100 feet of the residential dwelling.

General permits-by-certification are available only for certain regulated activities and include strict limitations that allow an applicant to file an application and receive an automatic approval. The applicant must certify that the activity meets the tight conditions of the permit, so there is no need for a case-by-case application review. However, the online process provides the Department with a complete record of the proposed activity, including the location and extent of the regulated activity and the applicant’s contact information.

General Permit-by-certification 8 – Construction of an addition to a lawfully existing residential dwelling. For More information click here

If the project for an addition or appurtenant improvement cannot comply with the criteria for a GP-8, the applicant would need to apply for an Individual Permit (IP). An IP application would need to include a description as to why the project cannot be minimized to satisfy the General Permit criteria described in the links above.

Performing appurtenant improvements in regulated areas may require authorization pursuant to the Flood Hazard Area Control Act rules. Authorization may be granted through a Flood Hazard Area permit-by-rule an individual permit.

Permit-by-rule 12 at N.J.A.C. 7:13-12 authorizes the construction of one or more additions above or adjoining a lawfully existing habitable building located outside of a floodway. Any addition(s) constructed under this permit cannot increase the footprint of the building by more than a cumulative total of 400 square feet. The lowest floor of the additional must generally be constructed at least one foot above the flood hazard area design flood elevation, and restrictions apply to any enclosures below the lowest floor of the addition. The amount and location of disturbance to riparian zone vegetation is also strictly limited.

Permit-by-rule 13 at N.J.A.C. 7:13-7.13 authorizes the construction of one or more non-habitable buildings, such as a shed, animal shelter, or storage area, located outside of a floodway. The footprint of all buildings constructed under this permit cannot exceed a cumulative total of 200 square feet. Disturbance must be located more than 25 feet from any top of bank, unless the project is adjacent to a bulkhead, retaining wall, or revetment along a tidal or impounded fluvial water. This setback requirement also applies to permit-by-rule 16, 20, and 21.Trees cannot be cleared, cut, and/or removed in a riparian zone except for within 10 feet of a proposed building when necessary to complete the construction.

Permit-by-rule 14 at N.J.A.C. 7:13-7.14 authorizes the construction of one or more partially-open structures with a roof, such as a car port, covered patio, or pole barn, located outside of a floodway. The building(s) cannot be enclosed with walls on any side below the flood hazard area design flood elevation. The footprint of all structures constructed under this permit cannot exceed a cumulative total of 5,000 square feet.

Permit-by-rule 16 at N.J.A.C. 7:13-7.16 authorizes the construction of a deck connected to a lawfully existing building. If located in a flood hazard area, the deck cannot be enclosed with walls that would prevent the free passage of floodwaters. Disturbance must be located more than 25 feet from any top of bank, unless the project is adjacent to a bulkhead, retaining wall, or revetment along a tidal or impounded fluvial water. Projects under this permit are limited to a net loss of riparian vegetation of 2,000 square feet or less.

Permit-by-rule 20 at N.J.A.C. 7:13-20 authorizes the construction of a fence. No trees may be cleared, cut, or removed. Fences constructed in a floodway must have sufficiently large openings so as to not catch debris during a flood. For example, barbed-wire, split-rail, or strand fences would be acceptable in a floodway, but chain link, lattice, and picket fences would not meet this requirement.

Permit-by-rule 21 authorizes the construction of a swimming pool associated with residential use. To comply with this permit in a floodway, the ground elevation may not be raised, and an above-ground pool may not be constructed. In a flood hazard area, several conditions apply to ensure that the construction will not affect flooding. Any clearing, cutting, or removal of riparian zone vegetation must be limited to actively disturbed areas and cannot result in a net loss of more than 5,000 square feet of vegetation.

Projects that do not meet any of the above permits may require a flood hazard area individual permit in accordance with 7:13- 10, 11, and 12.

If the proposed project is regulated pursuant to the Coastal Zone Management rules, then no separate Flood Hazard approval is required.  In these instances, the applicant need only submit a report and plans demonstrating compliance with the Flood Hazard Area Control Act rules as part of the coastal permit application.

Construction of an appurtenant improvement (addition, garage, shed, pool, or other similar structure) within coastal area generally requires a permit. However, certain minor improvement activities may qualify for one of the below described exemptions, Permits-by-rule, or General Permits. If the project does not qualify for one of the aforementioned authorizations, a CAFRA, Coastal Wetlands, and/or Waterfront Development Individual Permit may be required.

Potentially applicable Exemptions:

Please see applicable rule for complete requirements.

• The repair or maintenance of a structure, such as replacing siding, windows, or roofs within CAFRA or Upland Waterfront Development jurisdiction pursuant to the definition of “development” per N.J.A.C. 7:7-1.5.
• The construction of a residential patio, deck or similar structure within CAFRA jurisdiction provided such construction does not result in the grading, excavation or filling of a beach or dune per N.J.A.C. 7:7-2.2(c)5.
• The construction, alteration, expansion, or reconstruction of an individual single-family home or addition within Upland Waterfront Development jurisdiction if constructed more than 100’ landward of the mean high water line per N.J.A.C. 7:7-2.4(d)1.
• The reconstruction, conversion, alteration, or enlargement of any existing structure within Upland Waterfront Development jurisdiction that does not exceed 5,000 sq. ft., is located more than 100’ landward of the mean high water line and does not result in a change in land use per N.J.A.C. 7:7-2.4(d)2.

Potentially applicable Permits-by-rule (PBRs):

PBR 1 – authorizes expansion of a legally constructed, habitable single-family home or duplex on the non-waterward sides of the single–family home or duplex, provided the expansion:

• Is not proposed on a beach, dune, or wetland;
• Meets the requirements of N.J.A.C. 7:7-9.25; and
• Does not exceed a cumulative surface area of 400 sq. ft. on the property constructed after July 19, 1994.

For example, a 200 sq. ft. expansion of a single family home or duplex could be authorized under this PBR and an additional 200 sq. ft. expansion could later be authorized under this PBR, since the cumulative footprint of the development for both expansions would not exceed 400 sq. ft. on the property.  However, a property on which a 300 sq. ft. expansion was already constructed pursuant to a PBR would not be eligible for another PBR subsequently for an additional 200 sq. ft. expansion since the cumulative total footprint of development for both expansions would exceed 400 sq. ft.

Please see N.J.A.C. 7:7-4.1 for complete rule requirements.

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 but excluding shore protection structures), provided the single family home or duplex and accessory development are located on a bulkheaded lagoon lot and:

• Development under this PBR does 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. If there is no alternative to locating the proposed single family home or duplex and accessory structures at least 15’ landward of the bulkhead, the setback shall be reduced if an engineering certification is provided demonstrating that, after the proposed development has been constructed, the shore protection structure can be replaced within 18” of the existing bulkhead and a conservation restriction is recorded for the property which states that any reconstruction of a bulkhead shall be within 18” inches of the existing bulkhead; and
• The development meets the requirements of N.J.A.C. 7:7-9.25 Flood hazard areas.

Please see N.J.A.C. 7:7-4.2 for complete rule requirements.

PBR 7 – authorizes the expansion or relocation (with or without expansion) landward or parallel to the mean high water line of the footprint of a legally constructed residential development, including accessory development such as sheds, garages, pools, and driveways, or commercial development that has been or could have been legally occupied in the most recent five-year period, provided:

• The expansion or relocation is in compliance with the applicable requirements or codes of municipal, State and Federal law;
• Except as provided below, the expansion or relocation is not proposed on a beach, dune, or wetland;
• In the case of residential development, the expansion does not result in an increase in the number of dwelling units;
• In the case of commercial development, the expansion does not result in an increase in the number of parking spaces or equivalent parking area associated with the development;
• Except as provided below, the expansion or relocation does not result in additional impacts to special areas as defined at N.J.A.C. 7:7-9;
• The expansion or relocation meets the requirements of N.J.A.C. 7:7-9.25 Flood hazard areas and N.J.A.C. 7:7-9.26 Riparian zones;
• The expansion does not increase the surface area of the footprint of the development by a cumulative total of more than 400 sq. ft. on the property constructed after July 19, 1994; and
• Where the expansion includes structures such as stairs or an ADA-compliant ramp, which are constructed only for access to a residential or commercial development required to be elevated pursuant to the New Jersey Uniform Construction Code, N.J.A.C. 5:23, in accordance with the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, there is no feasible alternative location for these structures outside of a beach, dune, wetland, or other special areas as defined at N.J.A.C. 7:7-9.1.  ADA means the Americans with Disabilities Act of 1990 (42 USC sect. 1201 et seq.).

Please see N.J.A.C. 7:7-4.7 for complete rule requirements.

Potentially applicable General Permits (GPs):

GP 4 – authorizes development of one or two single-family homes or duplexes

GP 5 – authorizes expansion or reconstruction of a single family home or duplex

If the proposed project does not meet the requirements of an exemption, Permit-by-rule, or General Permit, the project may require a CAFRA, Coastal Wetlands and/or Waterfront Development Individual Permit.

Tidelands, also known as riparian lands, are all those lands now or formerly flowed by the mean high tide of a natural waterway; that is to say any land that is currently or was previously covered by tidal waters.  The State of New Jersey, and therefore the people of New Jersey, owns all Tidelands except for those to which it has already sold its interest in the form of a riparian grant.  It is important to note that the State generally does not own artificial waterways such as lagoons however, the State does claim those lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior to the creation of the lagoon.

Appurtenant improvements that are proposed in a tidelands area may require a tidelands license if the activities are taking place at or below the mean high water line of a tidal waterway or a tidelands grant if the activities are taking place in an area that is currently landward of the mean high water line but was, at some point, flowed by the tide.

A tidelands license is a short term revocable rental document to use tidelands generally for structures such as docks, bulkhead extensions, mooring piles, and other temporary structures as well as for dredging projects. Licenses are project specific and expire after a finite term ranging from one to ten years. Most licenses may be renewed.

A riparian grant, or tidelands grant, is a deed from the State of New Jersey selling its tidelands. Tidelands grants are generally only issued for lands that have already been filled in and are no longer flowed by the tide.

For more information on tidelands instruments, please see the tidelands section of this website.