The construction of a bridge within freshwater wetlands, transition areas, and/or State open waters requires a Freshwater Wetlands (FWW) permit. Two FWW General Permits (GPs) are available for this activity, a GP10A and a GP10B.

General Permit 10A — Very minor road crossings is for bridges that comply with one of the two scenarios listed below:

1. The “Short Crossing Scenario” requires that the disturbance of freshwater wetlands and/or State open waters is no longer than 100 feet for each crossing and the total cumulative disturbance of freshwater wetlands, transition area, and State open waters is one quarter acre or less.
2. The “Long Crossing Scenario” has no crossing length requirement, but instead requires that the total cumulative disturbance of freshwater wetlands, transition area, and State open waters is one eighth acre or less.

General Permit 10B — Minor road crossings is for bridges that exceed the GP10A requirements, but which have less than one quarter acre of disturbance to freshwater wetlands, transition areas, and/or State open waters.

If the bridge cannot comply with the criteria for a GP10A or a GP10B, 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.

There are several specific permits that authorize certain regulated activities involving bridges and culverts. In addition to the permit-specific requirements for each activity, all activities authorized under a permit-by-rule, general permit-by-certification, or general permit must meet the requirements of N.J.A.C. 7:13-6.7. All activities authorized under any permit must comply with the conditions that apply to all permits at N.J.A.C. 7:13-22.2.

One permit-by-rule may apply to bridge activities. Permit-by-rule 42 at N.J.A.C. 7:13-7.42 authorizes the reconstruction of all or part of a lawfully existing bridge superstructure. Replacement of any portion of the superstructure that is located below the flood hazard area design flood elevation must be “in-kind” to prevent the activity from increasing flooding. Riparian zone vegetation that may only be disturbed within 20 feet of the structure where necessary to facilitate its construction.

There are two potential qualifying general permits-by-certification for bridges and culverts. General permit-by-certification 2 at N.J.A.C. 7:13-8.2 authorizes the construction of a roadway across a regulated water for agricultural purposes, where the activities are approved and supervised by the USDA Natural Resources Conservation Service and/or the local Soil Conservation District.  Several other requirements apply to ensure disturbance is minimized and prevent the activity from exacerbating flooding.

General permit-by-certification 10 (N.J.A.C. 7:13-8.10) authorizes the in-kind replacement of a culvert. The culvert being replaced must not have been removed more than one year prior to the placement. An engineering certification confirming technical requirements are met must be submitted with the application. Several other requirements apply to minimize disturbance to vegetation and aquatic life and ensure the safety of the replacement culvert.

General permit 9 (N.J.A.C. 7:13-9.9) allows for the construction or reconstruction of a bridge or culvert over a regulated water that drains less than 50 acres, while general permit 10 (N.J.A.C. 7:13-9.10) allows for the construction or reconstruction of a bridge or culvert crossing a regulated water that drains greater than 50 acres.  Similar requirements apply to both general permits to minimize alterations to the natural channel, minimize hard armoring of banks, and minimize impacts to vegetation and aquatic life. If the project, in combination with all proposed activities, constitutes a major development as defined by the Stormwater Management rules at N.J.A.C. 7:8-1.2, all applicable requirements of those rules must be met.

All other bridges must apply for a flood hazard area individual permit in accordance with 7:13-10, 11 and 12. N.J.A.C. 7:13-11.2 (g) and (h) set forth the riparian zone disturbance standards for bridges and culverts associated with roads and railroads, while N.J.A.C. 7:13-12.7 sets forth specific design and construction standards for bridges and culverts.

If the proposed project is regulated pursuant to the Coastal Zone Management rules at N.J.A.C. 7:7, then no separate flood hazard area 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.

The construction of boat lift, jet-ski lift, and/or ramp within coastal areas generally requires a permit. The construction and/or reconstruction of these structures may qualify for an exemption, a Permit-by-rule, a General Permit-by-certification, or a General Permit. If the project does not meet the requirements of the aforementioned authorizations, a CAFRA, Coastal Wetlands, and/or Waterfront Development Individual Permit may be required.

The “Jurisdiction” tab of the “Coastal Areas” webpage can help you determine which areas of your site may be regulated. The availability of certain permits depends on the project’s location.

Potentially applicable Exemption:

Per N.J.A.C. 7:7-2.4(d)8, a Waterfront Development Permit shall not be required for the repair, replacement, renovation, or reconstruction, in the same location and size, as measured in two dimensions, that is, length and width, of the preexisting structure, of any floating dock, mooring raft, or similar temporary or seasonal improvement or structure, legally existing prior to January 1, 1981, that appears on the applicable Tidelands Map, or that appears on the applicable coastal wetlands map identified pursuant to N.J.A.C. 7:7-2.4(c) and chapter Appendix D, or that received a waterfront development permit subsequent to the date of the Tidelands Map or coastal wetlands map, as applicable, provided that the repair, replacement, renovation, or reconstruction is in the same location and size as the preexisting structure, and does not exceed in length the waterfront frontage of the parcel of real property to which it is attached and is used solely for the docking of servicing of pleasure vessels.

Potentially applicable Permits-by-rule (PBRs):

PBR 5 – authorizes the construction of portion of a recreational dock or pier located landward of the mean high water line, provided:

• A waterfront development permit has been obtained for the construction waterward of the mean high water line;
• The width of the structure landward of the mean high water line shall not exceed the width of the structure waterward of the mean high water line; and
• Over wetlands, the width of the structure shall not exceed 6’ and the height of the structure shall be a minimum of 4’.

Please see N.J.A.C. 7:7-4.5 for complete rule requirements.

PBR 10 – authorizes the construction of a portion of a boat ramp located landward of the mean high water line at a residential development, provided:

• A waterfront development permit has been obtained for the construction waterward of the mean high water line.

Please be advised, this PBR does not authorize a boat ramp located within wetlands and the width of the boat ramp landward of the mean high water line shall not exceed the width of the boat ramp waterward of the mean high water line.

Please see N.J.A.C. 7:7-4.10 for the complete rule requirements.

Potentially applicable General Permits-by-Certification:

The General Permit-by-Certification 15 at N.J.A.C. 7:7-5.2 of the Coastal Zone Management rules authorizes construction of piers, docks, including jet ski ramps, pilings, and boatlifts in man-made lagoons.

Potentially applicable General Permits (GP):

GP 15 – authorizes the construction of piers, docks including jet ski ramps, pilings and boatlifts in man-made lagoons.

Generally, bridge construction repair, and/or reconstruction within coastal areas requires a permit. The availability of certain permits depends on the project’s location. Per the Coastal Zone Management rules at N.J.A.C. 7:7, bridges are conditionally acceptable, provided:

• There is a demonstrated need that cannot be satisfied by existing facilities;
• Pedestrian and bicycle use is provided for unless it is demonstrated to be inappropriate; and
• Fishing catwalks and platforms are provided to the maximum extent practicable. Please note, this shall be taken into consideration during the design phase of all proposed bridge projects.

There are no Permits-by-rule, General Permits-by-Certification, or General Permits available for bridge projects. However, the below exemption may apply. If the proposed project does not qualify for the exemption, a CAFRA, Coastal Wetlands and/or Waterfront Development Individual Permit may be required.

Potentially applicable Exemption:

Per N.J.A.C. 7:7-2.4(d)9, the redecking and replacement of bridge surfaces is exempt within Waterfront Development jurisdiction is provided there is no change in the bridge’s length, width, or height.

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.

The construction of a new bridge or the reconstruction/expansion of an existing bridge 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 and/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.