What is a Coastal Zone?
New Jersey’s coastal zone covers a vast portion of the state, including parts of 17 counties and 239 municipalities. 42 percent of New Jersey’s municipalities are considered coastal municipalities. The coastal zone stretches from the Hudson River, at the interstate border with New York, south to and along the Raritan Bay. From the bay, it extends from Sandy Hook down to Cape May Point before turning north again along the waters of the Delaware Bay and River up to Trenton. In total, New Jersey’s coastal zone encompasses 1,792 miles of coastline.
The coastal zone includes tidal and non-tidal waters, but it also includes land areas – both those that are directly adjacent to coastal waters as well as inland areas. New Jersey’s coastal zone supports a variety of uses, including developed urban waterfronts, industrial ports, suburban neighborhoods, commercial centers, critical infrastructure, and parks and beaches.
Why is Protecting Coastal Zones Important?
About 9 million people call New Jersey home – and we all live within 50 miles of the coast. Our coastal zone provides a rich variety of activities and opportunities right on our doorsteps, including recreation, commerce, industry, housing, and tourism, that are critical to our quality of life and economy. However, all of these activities depend on the health of our coastal zone’s diverse coastal resources.
Coastal resources are biological or physical resources that are found within our coastal zone on a regular or cyclical basis, such as birds, fish, trees, water, and air. Our coastal waterways, such as the Atlantic Ocean, bays, rivers, and tidal creeks, are also important coastal resources, and within them are additional in-water resources, such as submerged aquatic vegetation and shellfish, which help maintain the health of our coastal waterways and support our economy. The adjacent beaches, dunes, and wetland habitats are also critical coastal resources that are important for recreation and help protect the coastal zone from natural hazards.
Unfortunately, these valuable coastal resources are under significant strain from both human and natural sources, including flooding, coastal storms, climate change, and development pressure resulting from our state’s small size, dense population, and strategic location sandwiched between the major metropolitan areas of New York City and Philadelphia.
How Does the DEP protect Coastal Zones?
The DEP strives to protect the coastal zone by balancing the protection of our coastal resources with the many necessary uses of our coastal areas through a variety of methods, including research, planning, public involvement, permitting, mitigation, tidelands management, and education.
WLM oversees coastal permitting, mitigation, and tidelands management and contributes to DEP’s coastal education efforts. WLM is also part of the New Jersey Coastal Management Program, which is comprised of a network of offices within the DEP that work together to ensure that New Jersey’s coastal resources and ecosystems are conserved as a vital part of local, state, and federal efforts to enhance sustainable coastal communities.
WLM has created an online mapping tool to help you identify if your project is in a protected area, such as the Coastal Zone, as well as other related environmental features and resources that may affect your proposed project.
Before you may construct in the coastal zone, you must obtain a permit from the DEP under most circumstances. Permits are necessary to protect the health of our critical coastal resources while ensuring that development needs are met.
Common types of construction in the coastal zone that require a permit include construction in waterways, such as docks, boat lifts, and jet ski lifts, as well as construction in upland areas. This includes construction associated with residential development (such as single-family homes and large scale housing developments), commercial development (such as office and retail buildings), public development (such as gas and sanitary sewer pipelines and fire stations), and industrial development (such as manufacturing and industrial processes).
Types of Coastal Permits and Approvals
Several types of permits and approvals are available for projects in the coastal zone, depending on the project. These include permits-by-rule, general permits-by-certification, general permits, individual permits, and emergency authorizations. For more information on each of these types of permits and approvals, see Permit Types.
Below you will find lists of the permits-by-rule, general permits-by-certification, and general permits that are available for projects in the coastal zone. If your project is not listed below, it is likely that you will need an individual permit.
DEP staff reviews permit applications for construction within the coastal zone according to the following statutes and rules. For more information on each of these, see Laws and Regulations.
Permits By Rule
A Permit-by-rule “PBR” is a permit whose terms and conditions are set forth in the Coastal Zone Management Rules at N.J.A.C. 7:7-4.1 et seq. No prior written approval from the Department is necessary in order to undertake the specified regulated activity, provided all conditions of the Permit-by-rule are satisfied.
The Permits-by-Rule include:
General Permits-by-Certification:
There are three activities that may be eligible for a general permit-by-certification in the coastal zone. The table below provides a brief description of each permit. For detailed information and the specific requirements for each general permit-by-certification, see Subchapter 5 of the Coastal Zone Management Rules.
General Permits
General Permits provide a means to perform a variety of activities within regulated areas, provided all of the requirements, as detailed in the rule, are met for that specific General Permit. If your project does not meet all of the requirements, an application for that General Permit will likely be denied. Another General Permit, Permit-by-rule, or an Individual Permit may be required for your project.
Please see the list of available General Permits provided below and individual links for additional information.
Individual Permits
An Individual Permit may be issued for a project that cannot meet the requirements of the available Permits-by-rule, General Permits-by-certification, or General Permits. A regulated activity that requires an Individual Permit is typically subject to multiple requirements. The compliance statement that accompanies the application should address all items in N.J.A.C. 7:7-9 that affect or are affected by the project. Application requirements are detailed in N.J.A.C. 7:7-23. The applicant must evaluate each regulated activity according to its location, nature and potential impacts in order to determine which standards will apply to the project.
The Department has, for your convenience, developed an Individual Permit Application Checklist. Please follow the requirements as outlined on this checklist to ensure that you have all of the required information necessary to complete and process your application. If the application does not contain all of the required aspects of the checklist, the entire application package will be returned to the applicant.
As Individual Permit applications are more complex, the Division suggests requesting a pre-application meeting with Division staff prior to application submission.
Waterfront Development Individual Permit
Activities conducted in tidal waters (at or below the mean high water line) that do not meet the requirements of a Permit-by-rule, General Permit-by-certification, or General Permit will require a Waterfront Development Individual Permit. For example, in most cases, installation of docks, piers, jet-ski ramps, boat lifts, and bulkheads on natural waterways requires a Waterfront Development Individual Permit. In addition, upland waterfront projects may also require a Waterfront Development Individual Permit. If your project requires an Individual Permit, all of the regulated activities can be reviewed simultaneously under one application; submission of additional general permits is not required. Generally, compliance with the following subchapters should be addressed in a Waterfront Development Individual Permit’s compliance statement.
- Subchapter 9: Special Areas
- Subchapter 12: General Water Areas
- Subchapter 13: Requirements for Non-porous Cover and Vegetative Cover for General Land Areas and Certain Special Areas
- Subchapter 14: Location rules
- Subchapter 15: Use Rules
- Subchapter 16: Resource Rules
CAFRA Individual Permit
Activities conducted in the CAFRA zone that do not meet the requirements of a Permit-by-rule, General Permit-by-certification, or General Permit will require a CAFRA Individual Permit. If your project requires an Individual Permit, all of the regulated activities can be reviewed simultaneously under one application; submission of additional general permits is not required. Generally, compliance with the following subchapters should be addressed in a CAFRA Individual Permit’s compliance statement.
- Subchapter 9: Special Areas
- Subchapter 10: Standards for Beach and Dune Activities
- Subchapter 12: General Water Areas
- Subchapter 13: Requirements for Non-porous Cover and Vegetative Cover for General Land Areas and Certain Special Areas
- Subchapter 14: Location rules
- Subchapter 15: Use Rules
- Subchapter 16: Resource Rules