OFFICIAL SITE OF THE STATE OF NEW JERSEYBank Stabilization
Bank stabilization projects concern the stabilization of embankments along tidal and non-tidal watercourses such as streams, rivers, ponds and lakes. Sometimes, due to human and non-human causes, an embankment suffers erosion and/or instability. Left unchecked, it may eventually stabilize, but this could result in large amounts of sediment being introduced into the environment and potential hazards to life and property. In cases such as these, a bank stabilization project is designed to modify the embankments in order to stabilize it.
Bank stabilization, may result in disturbances to “special areas” regulated by the Department and may require multiple permits from the Division of Land Resource Protection prior to site preparation or construction. The presence or absence of special areas can be rudimentarily determined using the Department’s online mapping service, NJ-GeoWeb. Special areas within your project site may also affect the type of authorization required. An area containing sensitive and endangered plant species for example, may be irreparably damaged by such activities. Therefore, it is important to closely examine a proposed project relative to the sensitive areas which may be impacted.
The above tabs provide additional information on permit requirements relating to bank stabilization projects. For impacts to streams, rivers, lakes, ponds, flood plains, flood ways, riparian zones, please see the “Flood Hazard” tab. For impacts to special coastal areas, please see the “Coastal” tab. For impacts to Freshwater Wetlands, see the “Freshwater Wetlands” tab. Information on Tidelands can be found by selecting the “Tidelands” tab.
Bank stabilization within freshwater wetlands, transition areas, and/or State open waters requires a Freshwater Wetlands (FWW) permit.
A FWW General Permit 20 — Bank stabilization is available for this type of activity. To be eligible for a GP20, the total length of bank stabilization proposed can be no more than 150 feet of rip-rap* or gabion baskets** OR no more than 300 feet of soil-bioengineering (i.e. a combination of hard armoring and vegetative methods). There is no length limit for a project that will consist only of vegetative planting measures.
If the bank stabilization project cannot comply with the criteria for a GP20, 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 under the GP20 link above.
Definitions:
*Rip-rap: a foundation or sustaining wall of stones or chunks of concrete thrown together without order on an embankment slope to prevent erosion.
**Gabion baskets: a basket or cage filled with earth or rocks placed along an embankment slope to prevent erosion.
There is one permit-by-rule that may be associated with streambank stabilization. Permit-by-rule 6 at N.J.A.C. 7:13-7.6 is for the use of machinery to remove a major obstruction from a regulated water. Please note that this permit-by-rule does not authorize the disturbance of trees within the riparian zone nor does it authorize the removal of accumulated sediment from a regulated water.
One general permit-by-certification may be associated with streambank stabilization activities. Flood hazard area general permit-by-certification 3 at N.J.A.C. 7:13-8.3 authorizes bank stabilization and/or bank restoration activities on land that is actively farmed, provided the activities are intended solely for agricultural purposed and are approved and supervised by the USDA Natural Resource Conservation Service and/or the local Soil Conservation District. See the rule text for all requirements.
All other activities that do not qualify for a permit-by-rule or general permit-by-certification must apply for a Flood Hazard Area Individual Permit in accordance with standards at N.J.A.C. 7:13-10, 11 and 12. N.J.A.C. 7:13-11.2(i) and 12.14 set forth specific requirements for bank stabilization activities.
It is important to note that streams are dynamic in nature. As such, any proposed design should be based on stressors that are watershed-based, not local. Vegetation-based measures are preferred over hard armoring (see N.J.A.C. 7:13-12.4(c) for the bank stabilization hierarchy).
Bank and/or shoreline stabilization activities are conducted to protect eroding shorelines from experiencing further erosion. Within coastal areas these activities generally require a permit. The current regulations do not provide any exemptions or Permits-by-rule for bank and/or shoreline stabilization activities. However, if the proposed project consists of bulkhead construction, the “Bulkheads” webpage on this website should be consulted.
The “Jurisdiction” tab of the “Coastal Areas” section of this website provides information regarding which areas are regulated pursuant to the Coastal Zone Management rules at N.J.A.C. 7:7 occur on your site. The availability of certain permits depends on the location of the proposed project.
If the project does not qualify for one of the General Permits described below, a CAFRA, Coastal Wetlands, and/or Waterfront Development Individual Permit may be required.
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.
Bank Stabilization that is 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.