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NEW JERSEY COASTAL DEVELOPMENT HANDBOOK Revised October, 1983 Original Edition June, 1982 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF COASTAL RESOURCES CN 401 TRENTON, NEW JERSEY 08625 Property of CSC Library This handbook was prepared with financial assistance from the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of Coastal Zone Management, under P.L. 92-583, as amended. U.- S - DEPARTMENT OF COMMERCE NOAA COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE - ~~~~~CHARLESTON, SC 29405-24 13 1- Thomas Kean, Governor Robert E. Hughey, Commissioner TABLE OF CONTENTS TITLE PAGE INTRODUCTION Purpose ..1............................ How to Use The Handbook ..1.................... CHAPTER ONE - DO I NEED A PERMIT?...................... 3 The Three Coastal Permits......................3 Exemptions ............................. Other State and Federal Permits...................7 Federal Consistency.........................9 A-95 Review............................ 9 CHAPTER TWO - HOW DO I APPLY?.........................11 Coastal Area Facility Review Act ..................11 Waterfront Development Law .....................12 Wetlands Act ............................14 Tidelands Statutes .........................15 Multiple Permit Projects ......................18 Environmental Impact Statement Requirements.............18 CHAPTER THREE - HOW WILL THE PERMIT DECISION BE MADE?.............21 Overview of Coastal Resource and Development Policies........21 Coastal Location Acceptability Method (CLAM) ............22 Location Policies..........................22 Use Policies ............................26 Resource Policies..........................26 Hypothetical Case Study.......................29 Role of Review Agencies.......................33 Tidelands Decisions.........................34 Decision in the Hackensack Meadowlands District...........34 Energy Facilities..........................34 Public Participation in the Review Process .............34 CHAPTER FOUR - HOW CAN I INCREASE MY PROSPECTS FOR APPROVAL?9.........37 The Coastal Natural System .....................37 Dredging, Fill, and Structures ...................40 Developing the Coast Wisely.....................41 Harmonizing with the Landscape ...................43 Subdivision Design .........................44 Energy Conservation ........................45 CHAPTER FIVE - WHAT IF MY APPLICATION IS DENIED?9...............47 Conflict Resolution - Appeals....................47 Enforcement Procedures .......................47 i TABLE OF CONTENTS (Continued) TITLE PAGE CHAPTER SIX - WHERE CAN I OBTAIN MORE INFORMATION AND ASSISTANCE? . ......49 Division of Coastal Resources Offices................49 Division of Coastal Resources Publications .............50 APPENDIX THE NEW JERSEY COASTAL MANAGEMENT PROGRAM..............51 History of the Coastal Management Program..............51 What is the Coastal Management Program? ..............52 The Coastal Zone ..........................53 What is the Division of Coastal Resources?9.............53 INTRODUCTION Purpose Since New Jersey is the most densely popul ated state in the nation, there are enormous pressures on its coastal zone to accommodate development while pre- serving the natural beauty of its shore and the productivity of its estuary sys- tems. In light of these competing interests, the Division of Coastal Resources in the New Jersey Department of Environmental Protection (DEP) developed the New Jersey Coastal Management Program with detailed policies designed to bring about the wise use of New Jersey's limited coastal resources. The Appendix contains a history of the Coastal Management Program. DEP's Division of Coastal Resources issues three coastal permits as well as tidelands (formerly called riparian) grants, leases or licenses. The purpose of this Coastal Development Handbook is to provide potential permit applicants with information and requirements for all State coastal permits. How to Use The Handbook This Handbook is intended to aid potential applicants at each step of the coastal permitting process. It also aims to help other members of the public interested in the coastal permit process understand how they can participate in these public decisions. Chapter One describes the types of development proposals which require coastal permits and provides the criteria to determine if you are exempt from obtaining a coastal permit. It also lists other State and Federal permits for which you might need to apply. Chapter Two lists the items that you must include in an application for each of the permits and for a tidelands conveyance. It also contains a list of the items that must be included in an Environmental Impact Statement (EIS), which is required for all CAFRA and some Wetlands permit applications. Chapter Three describes how your permit decision will be made. It discusses the Coastal Resource and Development Policies and presents a hypothetical applica- tion. Chapter Four contains construction and siting techniques which will increase the prospects of having your application approved. These techniques are all compatible with the Policies of the Coastal Management Program. Chapter Five describes the steps you can take to appeal a denial of your appl icat ion. The final chapter contains a list of the Division of Coastal Resources offices you can contact to obtain more information and assistance. It also contains a list of the Division' s publications which may aid you in preparing an application. CHAPTER ONE DO I NEED A PERMIT? The Three Coastal Permits The New Jersey Coastal Management Program is based on the regulatory activity of DEP's Division of Coastal Resources under the Waterfront Development Law, the Wetlands Act, the Coastal Area Facility Review Act (CAFRA), and its stewardship activity under the Tidelands statutes. To determine if you will need to obtain one or more of these coastal permits or a Tidelands conveyance from the Division of Coastal Resources before commencing a development project, ask yourself the following questions: 1. Is any portion of the proposed project situated within tidally in- fluenced wetlands in one (or more) of the following counties: Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Middlesex, Monmouth, Ocean or Salem? If you answered yes, then you will need a Wetlands Permit, unless the site has not been delineated as a wetlands by DEP. Wetlands delineation maps are available from the Division's Bureau of Coastal Planning and Development in Trenton (See Chapter Six for address) and from the clerk of each coastal county. 2. Is your project within, or bordering upon, a tidal waterway? 3. Is your project situated within one of the following counties: Bergen, Burlington, Camden, Essex, Gloucester, Hudson, Mercer, Middlesex, Passaic, Salem, Somerset or Union, AND within 100 feet of the existing mean high water line of a tidal water body, within 500 feet of a tidal water body with no paved public road, railroad or property line between the project site and the water body, or between 100 and 500 feet from a tidal water body but waterward of the first paved road, railroad or property line? If you answered yes to 2 or 3 then you probably need to obtain a Waterfront Develop- ment Permit, unless your project is limited to the repair, replacement or renova- tion of a legal waterfront structure associated with a residence or with recrea- tional boating. 4. Is your project located in the Coastal Area as defined by the Coastal I. ~~~~Area Facility Review Act (Figure 1)? The Coastal Area consists of all or portions of the following municipalities: Figure I NEW JERSEY COASTAL ZONE BOUNDARY SSE ZPAqSAtC / ~~~BERGEN HACKENSACK MEADOWLANDS WARREN MORRIS DSRC /~~~~~~~NO NORTHERN WATERFRONT HACKENSACK HUNTERDON SOEETAREA MEADOWLANDS~~~~/ DISTRICT (::::BAY AND OCEAN SHORE AREA / - - jM D LE E DELAWARE RIVER- - AND NORTHERN MRE O WATERFRONT AREA MRE -MNOT BAY AND OCEAN SHORE AREA DELAWARE RIVER AREA N~~~ ),CAMDEN / ~--~!JUCESTER / SALEM ~~~~ALN T I ... ~~~~~~~~~~~~~~~~~~~~~CAL ~~~~~~~~~~~~SAL Atlantic County Middlesex County Absecon City Old Bridge Township Atlantic City Brigantine City Corbin City Monmouth County Egg Harbor City Aberdeen Township (Matawan) Egg Harbor Township Allenhurst City Estell Manor Township Asbury Park City Galloway Township Atlantic Highlands Borough Hamilton Township Avon-by-the-Sea Borough Linwood City Belmar Borough Longport Borough Bradley Beach Borough Margate City Brielle Borough Mullica Township Deal Borough Northfield City Eatontown Borough Pleasantville City Fair Haven Borough Port Republic City Hazlet Township Somers Point City Highlands Borough Ventnor City Holmdel Township Weymouth Township Interlaken Borough Keansburg Borough Burlington County Keyport Borough Bass River Township Little Silver Borough Washington Township Loch Arbour Village Long Branch City Manasquan Borough Cape May County Matawan Borough Avalon Borough Middletown Township Cape May City Monmouth Beach Borough Cape May Point Borough Neptune City Dennis Township Neptune Township Lower Township Ocean Township Middle Township Oceanport Borough North Wildwood Township Red Bank City Ocean City Rumson Borough Sea Isle City Sea Bright Borough Stone Harbor Borough Sea Girt Borough Upper Township Shrewsbury Borough West Cape May Borough South Belmar Borough West Wildwood Borough Spring Lake Borough Wildwood City Spring Lake Heights Borough Wildwood Crest Borough Union Beach Borough Woodbine Borough Wall Township West Long Branch Borough Ocean County Cumberland County Barnegat Light Borough Bridgeton City Barnegat Township (Union) Commercial Township Bay Head Borough Downe Township Beach Haven Borough Fairfield Township Beachwood Borough Greenwich Township Berkeley Township Hopewell Township Brick Township Lawrence Township Dover Township Maurice River Township Eagleswood Township Millville City Harvey Cedars Borough Ocean County (continued) Salem County Island Heights Borough Alloway Township Jackson Township Elsinboro Township Lacey Township Lower Alloways Creek Township Lakehurst Borough Mannington Township Lakewood Township Pennsville Township Lavallette Township Quinton Township Little Egg Harbor Township Salem City Long Beach Township Upper Penns Neck Manchester Township Mantoloking Borough Ocean Gate Township Ocean Township Pine Beach Borough Point Pleasant Beach Borough Point Pleasant Borough Seaside Heights Borough Seaside Park Borough Ship Bottom Borough South Toms River Borough Stafford Township Surf City Borough Tuckerton Borough 5. Does your project involve the construction of 25 or more dwelling units? 6. Does your project involve the construction of 1200 or more linear feet of roadway or pipeline designed for transport of petroleum, natural gas, or sewage in a single municipality during one year? 7. Does your project involve the construction of 300 or more parking spaces for motor vehicles? 8. Does your project involve any of the following activities: Marine terminal and cargo Food or food byproduct handling manufac ture Sanitary landfilling Paper production Sewage treatment Agri-chemical production Inorganic acids and salts Mineral product mining manufacture or processing Bulk storage of petroleum Chemical or petroleum or other gases processing or manufacture Electric power generation Airport construction Metallurgical construction If you answered yes to 4, and to either 5, 6, 7, or 8, you may need to obtain a Coastal Area Facility Review Act (CAFRA) Permit. 9. is your project situated on lands that are now or have formerly been flowed by the mean high tide? if your answer is yes, you may need to obtain a grant, lease or license from the Tidelands Resource Council before a coastal permit can be issued. The Bureau of Coastal Enforcement and Field Services has the author- ity to determine if you will need to obtain a coastal permit or a Tidelands conveyance from DEP. You should write or call this Bureau if you are not sure whether you need to obtain a permit (See Chapter Six for address). Exemptions You may request an exemption from the requirement to obtain a Waterfront Development Permit if the proposed facility is in an upland area and on-site construction or site preparation began on or before September 26, 1980. Activities requiring a Wetlands Type A Permit that were in progress at the time that the wetlands area was designated may be exempt from the requirement to obtain a Wetlands Permit. Activities requiring a Type B Permit, however, must obtain a Wetlands Permit. The Division, by administrative rule, is no longer accepting re- quests for exemptions from the CAFRA permit requirement. Any interruption in the process of constructing and completing the facility may be a cause for denying an exemption request, unless the factors causing the delay were beyond your control and you made good faith efforts to overcome the interruption. Interruptions caused by financial, labor or legal factors must be properly documented in the exemption request. If you believe that a proposed facility is exempt from a coastal permit due to prior on-site construction, you should request in writing a determination of exemption from the Division's Bureau of Coastal Enforce- ment and Field Services (See Chapter Six for address). Other State and Federal Permits Many proposed development activities will require the issuance of a permit from Divisions in DEP other than Coastal Resources, or from State agencies other than DEP, or from a Federal agency., The Planning Group in DEP Room 803, Labor & Industry Building, Trenton (609-292-2662) coordinates the review of major development proposals likely to require more than one DEP-administered permit, of 7 applications circulated through the State Review Process (formerly A-95), and of State agency projects costing more than one million dollars. This coordinated review, helps speed the permit review process and insures the use of consistent policies. The Office of Business Advocacy, in the Department of Commerce, CN 380, Trenton, NJ 08625 ((609) 292-0701) helps developers determine which State permits they need. A list of State and Federal permits commonly needed for coastal de- velopment follows: STATE AGENCY PERMIT DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Environmental Quality CN 027 Air Pollution Permits for incinerators in Trenton, NJ 08625 dwellings with 7 or more units. (609) 984-3032 (Air Pollution Permit) Solid Waste Facility Registration and (609) 292-0417 (Solid Waste Permit for the excavation or reuse of Registration) a sanitary landfill. Division of Water Resources Office of Planning and Standards Water Quality Certification for Corps 1474 Prospect Street of Engineers Dredge and Fill Permits. CN 029 Trenton, NJ 08625 (609) 633-7026 Bureau of Floodplain Management Stream Encroachment Permits for any con- 1474 Prospect Street struction within the 1OO-year floodplain CN 029 of any stream. Trenton, N.J. 08625 (609) 292-2402 Municipal Waste Management Sewerage Extension Permits for 1474 Prospect Street municipalities and developments. CN 029 Trenton, N.J. (609) 984-4429 Permits Administration Permits for point source discharge of 1474 Prospect Street pollutants into waterways under the New CN 029 Jersey Pollutant Discharge Elimination Trenton, N.J. 08625 System (NJPDES). (609) 292-5262 Water Allocation Office Permits for well drilling, purchasing 1474 Prospect Street water, diverting a water supply, divert- CN 029 ing subsurface or percolating waters, and Trenton, N.J. 08625 water lowering. (609) 984-6831 (well drilling) (609) 292-2957 (water diversion) 8 FEDERAL AGENCY PERMIT DEPARTMENT OF DEFENSE Army Corps of Engineers Permits for the dredging or For activities north of the filling of any wetlands or water Manasquan River: body under Section 404 of the Clean Water Act. New York District Engineer Permits for dredging, stream 26 Federal Plaza channelization, excavation, New York, New York 10007 filling or any other work (212) 264-0182 affecting a navigable water body under Section 9 or 10 of the Rivers and Harbor Act of 1899. For activities in the Delaware River Basin, or along the Atlantic Coast from the Manasquan River southward: Philadelphia District Engineer Customs House 2nd and Chestnut Streets Philadelphia, Pennsylvania 19106 (215) 597-4723 Permit Coordination For activities on or along the Delaware River, the Philadelphia Urban Waterfront Action Group (UWAG) provides assistance in permit application coordination. For information and assistance, contact: Mr. Michael Wolf Delaware Valley Regional Planning Commission The Bourse Building 21 South 5th Street, 8th Floor Philadelphia, Pennsylvania 19106 Federal Consistency If your development project requires a federal permit or is federal- ly funded, and is in or affects, New Jersey's Coastal Zone, you will also need to obtain a Federal Consistency Certification from the Division of Coastal Resources. This is a requirement of the Federal Coastal Zone Management Act, and can be satisfied by receipt of a coastal permit from the Division. If you apply for funding or mortgage insurance under a Federal program, you must comply with the State Review Process. The Division of Local Government Services in the Department of Community Affairs is responsible for ensuring that all applications are reviewed by the relevant agencies of New Jersey State, local and regional government. The address of the Division of Local Government Services is: Division of Local Government Services Department of Community Affairs 363 West State Street CN 803 Trenton, New Jersey 08625 CHAPTER TWlO HOW DO I APPLY? Coastal Area Facility Review Act (CAFRA) (N.J.S.A. 13:19-1 et seq.) If you are planning a development project which requires a CAFRA Permit, you are encouraged to request a pre-application conference with the Division of Coastal Resources before seeking municipal approval of your project. The purpose of the optional pre-application conference is to inform you of the Division's application procedures, policies and guidelines. The Division will also discuss your proposal's apparent strengths and weaknesses relative to the Coastal Policies, but cannot commit itself to approving or rejecting it until the complete applica- tion is reviewed. The pre-application conference can save you time and money by advising you at an early stage whether the proposal is likely to be approved and what modifications may be necessary to obtain permit approval. You should present a conceptual proposal for the facility at the pre-applica- tion conference, including the following: 1. A short written description of the site and proposed facility; 2. The number and uses of proposed structures; and 3. Maps indicating the site's location and rough internal plan of develop- ment. If you decide to file an application after attending the pre-application conference, you must notify the County Planning Board that you intend to apply to the Division for a permit. Your application must include the following: 1. A completed application form (a sample form DEP Form CP-l is enclosed in the pocket of the back cover); 2. An application fee, determined according to the 90-Day Construction Permit Regulations ($1,000 plus $10 per dwelling unit for residential facilities, $1,500 plus $10 per acre to be developed for non-residential and mixed use facilities, maximum fee $10,000); and 3. Twenty copies of an Environmental Impact Statement. The contents of an Environmental Impact Statement will be discussed later in this Chapter. Within 30 days of receiving your application, DEP will notify you in writing if the application is complete for filing. If it is incomplete, the specific deficiencies will be noted. Within 15 days following the receipt of additional information to correct deficiencies, you will be notified if the application is complete or if further additional information is needed. An application will not be considered to be filed until it has been declared complete. After the application has been declared complete, DEP will prepare a staff pre- liminary analysis of the proposed facility. You will receive a copy of the preliminary analysis before the required public hearing. A public -hearing will be held within 60 days of declaring the application complete for filing. The purpose of the public hearing is to give the applicant and interested parties the opportunity to present orally and in writing their positions concerning the proposed facility, as well as any data developed in relation to the proposed facility. The public hearing will be held within the coastal area and, if possible, within the municipality where the facility is pro- posed. At the public hearing, or within 15 days after the public hearing, the review officer may request that you submit additional information necessary for the complete review of the application. The final decision on the application will be made within 60 days of the public hearing or, if additional information has been requested, within 90 days of receipt of the additional information. If DEP fails to act within this time, the 90 day Construction Permit Law (N.J.S.A. 13:ID-1 et seq.) requires that the application will be deemed to be approved, provided that the application does not violate other statutes or regulations in effect. Figure 2 is a flow chart of the CAFRA permit application process. Waterfront Development Law (N.J.S.A. 12:5-3) The procedure for applying for a Waterfront Development Permit is similar to that for applying for a CAFRA permit, although there are fewer informational, and no EIS, requirements. For a major project, you are encouraged to request a pre-application conference prior to applying for a Waterfront Development permit. To apply, you must submit the following items: 1. A completed application form (DEP Form CP-1); 2. An application fee, determined by the 90-Day Construction Permit Regula- tions; 3. Sixteen copies of a development plan (including one reproducible trans- parency); and 4. At least two recent color photographs of the site. The development plan must show the following: 1. The lot; 2. All existing waterfront structures on the lot and immediately adjacent lots; 3. Distances and dimensions of areas, structures and lots, including wetlands delineation and mean high water line, upland property, roads and utility lines; 4. The proposed work outlined in red; 5. The general site location of the development (photoreduced U.S.G.S. quadrangle) 6. The scale of the survey or map, and a north point; 7. The name of the person who prepared the plan (State law requires that the plans be prepared by professional engineers); 8. The name of the applicant, 9. The lot and block number; and 10. Evidence that the applicant has obtained the right to use or occupy the tidelands. To simplify the permit process, the Division of Coastal Resources has issued a General Permit under the Waterfront Development Law for minor new construction in man-made tidal lagoons. The General Permit does not apply to activities which involve dredging or filling. If you are applying for a project covered by the General Permit you only need to submit six copies of the development plan and no reproducible copy. The fee for a Waterfront Development Permit for new construction is one percent of the construction cost or a minimum of $100. The fee for a Waterfront Development Permit for minor maintenance and/or repair is one percent of the construction cost or a minimum of $25. The maximum fee is $10,%000. 12 Figure 2 CAFRA PERMIT APPLICATION PROCESS Application Additional Deficient; Information Additional - Received; Information Application Requested Amended Application still 15 DAYS MAX. Deficient DEP Staff Pre-Application DEP OR Application Preliminary Public Conference I-.J Receives 30 D AYS MAX. Complete Hearing Analysis (Optional) Application 1 for Filing Scheduled 60 DAYS MAX. l5 IAutomatic DAYS L ~~~60 DAYS MAX. MoAX.~ Decision o MAX.p letew * Complete il. For Review j j De icient Additional Additional Informatio information Received 1 Requested Under a 1981 amendment to the Waterfront Development Law, a permit is no longer required for the valid repair, replacement or renovation of waterfront structures associated with a residence or with recreational boating. Substantially new construction or reconstruction will, in most cases, still require a permit. All final determinations on whether a permit is required are made by the Dvso's Bureau of Coastal-Enforcement and Field Services. After receiving the application, the Division of Coastal Resources has 20 working days to review it for completeness. At this time, the Division may request additional information to complete the application. You will receive notice within 15 days of receipt of additional information if the application is complete for filing. Once the application is accepted as complete for filing, the Division must make a permit decision within 90 days. General Permits are processed in far less time than the mandatory 90 days. If a decision is not made within 90 days, your application is automatically approved. A public hearing is not required for Waterfront Development Permit applica- tions, but may be scheduled if the Division feels there is sufficient public interest to justify a hearing. Wetlands Act (N.J.S.A. 13:9A-1 et seq). Before you apply for a permit to conduct a regulated activity on coastal wetlands, you are encouraged to request a pre-application conference. if you need a Wetlands Permit, you must next determine whether you need a Type A or a Type B permit. Type A permits are required for minor projects including excavation of small boat mooring slips, maintenance or repair of bridges, roads or highways, and construction of piers, catwalks, docks, landings, and observation decks. The permit requirement does not pertain to emergency repairs necessitated by a natural disaster or sudden and unexpected mechanical, electrical or structural failure. Type B permits are required for the installation of utilities, excavation for boat channels and mooring basins, construction of impoundments and sea walls, water diversion, and the use of pesticides. For both Type A and Type B permits, you must submit the following: 1. A completed application form (DEP Form CP-1); 2. A plan of the proposed project; 3. A map showing the proposed structures and boundaries of the project area; 4. A list of the names and addresses of adjacent property owners; and 5. Evidence that the applicant has obtained the right to use or occupy tidelands; and 6. An application fee, determined by the 90-Day Construction Permit Regula- tions. The fee for a Type A Permit is 1/2 of one percent of the con- struction cost or a minimum of $100. The fee for a Type B Permit is 1/2 of one percent of the construction cost or a minimum of $300. If you are applying for a Type B permit, you must also submit an Environ- mental Impact Statement and notify the U.S. Army Corps of Engineers and the local County Planning Board of your intent to file an application by sending them a copy of the CP-l Form. 14 After receiving the application, the Division has 20 days to review it for completeness. During this time, the Division may request additional information. If additional information is submitted, you will receive notice within 15 days of receipt whether the application is now complete for filing. Once the applica- tion is accepted as complete for filing, the Division has 90 days in which to make a permit decision. If a decision is not made within 90 days, your application is automatically approved. A public hearing is not required for Wetlands Permit applications, but may be scheduled if the Division feels that public interest justifies a hearing. Figure 3 is a flow chart of the Waterfront Development and Wetlands Permits application process. Tidelands Statutes There are three kinds of tidelands instruments: grants, leases and licenses A grant conveys full ownership to the applicant. A lease conveys use of the property for a fixed number of years, and is usually issued for projects involving solid fill (such as a bulkhead). A license also allows use of the property for a fixed number of years (usually 10 or less), and is the type of instrument most commonly used for residential docks and piers. If you need to obtain a Tidelands grant, lease or license, you must apply to the Tidelands Resource Council. Prior to submitting an application, you are encouraged to request a pre-application conference with the 'Division of Coastal Resources, Bureau of Tidelands, which serves as staff to the Council. The Bureau of Tidelands uses two different application forms which vary only slightly, one for licenses and one for grants and leases. You must submit the following items with your application: 1. A current survey, prepared by a licensed surveyor, showing the appli- cant's upland property and the boundaries of the tidelands area applied for, the location of the mean high water line, the depth of the waterway at mean low water, the names of adjoining property owners, and a diagram of proposed or existing structures within the applied for area; and 2. A certificate of title signed by an attorney at law or representative of a title company demonstrating evidence that you own the upland property, or have the permission of the upland owner to apply for the conveyance (State law gives the upland owner first right to apply). A Twenty-five dollar fee is required for an application for a Tidelands grant only. There is no fee for a Tidelands lease or license application. At the time you submit a Tidelands application, you must also submit an application for a Waterfront Development permit to the Division's Bureau of Coastal Project Review. Your Tidelands application will not be considered complete until this is done. When the application has been determined complete for review, it will be scheduled for discussion by the Tidelands Resource Council. The Council's real estate appraiser will evaluate the property, and this evaluation will be considered by the Council in making its decision. This value represents the annual rental in the case of a lease or license, or the full value of the property in the case of a grant. If your application involves legalizing an existing structure, the value may include back rental for past use. If the Council votes to approve the application, it will certify the decision at the next meeting when it approves the minutes of the previous meeting. The Commissioner of DEP then receives the minutes for approval or disapproval. Figure 4 is a flow chart of the Tidelands conveyance process. 15 WETLANDS AND WATERFRONT (RIPARIAN) DEVELOPMENT PERMIT APPLICATION PROCESSES REOUEST ADO ITIONAL l ADDITIONAL I NFORMATI ON INFORMATION RECEIVED APPLICATION L OR oQI / |rTLL DEFICIENT |' PRA LTION DEP OR |APPeICAT ION OPTI ONAL DECISION PRER-APPLICATION RECEIVES I- COMPLETE FOR PUBLIC CONFERENCE LJPPLICTIO 20 WORKING DAYS MAXIMUM REVIEW H E ARING NOTE A WATERFRONT DEVELOPMENT PERMIT APPLICATION IS NOT DECLARED COMPLETE FOR REVIEW WITHOUT A LAWFUL RIPARIAN OCCUPATIONAL OR USE INSTRUMENT SUCH AS A RIPARIAN GRANT, LEASE, ORPUB LICENSE. INDICATES THAT THE TIMETABLE IS SET BY THE APPLICANT. SET BY THE APPLICANT. Figure q TIDELANDS APPLICATION PROCESS Return Application Unacceptable For Filing /Application1 Rejected Council Receives 20 DAYS MAX. Preapplication I Application For Application Application Conference Tidelands /OR -]Complete Listed On Council Appcation (Optional) I Grant, Lease 20 DAYS MAX. 'For Filing Calendar Meeting Approved or License Of Council II 20DAYS Application MAX. Still Deficient Request for Additional Request for Public Comment Information, Including Additional Additional Within 5 Days of Addi tional Waterfrcessaryn 1 Information Dv Information Or Publication In Permit Application if Appraisal Or Change DEP Bulletin Neesr.Received Rcie nPooa -J Applicant Appeals Request Change Amount of Con- - - - - - --- ----p In Proposal Or sideration To Reconsideration Council By Council Applicant Alicant Commissioner Submits Notified Of Decision iews Consideration Consideration Approved Council Meet ing Tidelands Grant, Decision Lease Or Reece Licensera ted Issued Multiple Permit Projects If your project requires several coastal permits, you must submit a separate CP-1 applicatibr -for each one, with the information requirements for each. If you need to apply for both'a CAFRA and a Type B Wetlands Permit, you may prepare only one EIS to submit with both applications. If both CAFRA and Wetlands Type A or Waterfront Development Permits are required, the second application will not be considered complete for review until the CAFRA application is complete for review. In this way, the Division will make a single decision on multiple permit projects. Environmental Impact Statement Requirements When you submit your application. for a CAFRA or a Type B Wetlands Permit, you must also submit an Environmental Impact Statement CEIS). An EIS is not required for applications for Type A Wetlands Permits, Waterfront Development Permits, and Tidelands conveyances. A pre-application conference is a good way to begin preparation of an EIS. Often attending a pre-application conference can reduce the amount of information yon need to supply since you receive guidance from a project review officer. The Division already has some site specific information which you need not repeat in an EIS. All EIS's should use the Coastal Resource and Development Policies as an outline. Within the EIS, you should locate and map the various location types as identified in the Location Policies, and describe in a detailed and factual manner how the proposal complies with the Location Policies. If you are applying for a Type B Wetlands Permit, the Local Policies with which you will be principally concerned are those dealing with Wetlands (N.J.S.A. 7:7E-3.26 and 3.27). You should compare the various uses proposed with the Use Policies, and describe in a detailed and factual manner how the use complies with these Policies. Finally, you should identify the coastal resources which will be affected by the proposed project, and describe in a detailed and factual manner the resulting effect and the means of compliance with the Resource Policies. 1. An EIS for a CAFRA permit must contain information needed to evaluate the effects of a proposed project on the environment of the coastal area. The statement should include: (a) An inventory of existing environmental conditions at the project site and in the surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics, history, and archaeology. (b) A project description which shall specify what is to be done and how it is to be done, during construction and operation; Cc) A listing of all licenses, permits or other approvals as required by law and the status of each; (d) An assessment of the probable impacts of the project upon all topics described in (a); 18 (e) A listing of adverse environmental impacts which cannot be avoided; (f) Steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region; (g) Alternatives to all or any part of the project with reasons for their acceptability or unacceptability; and (h) A reference list of pertinent published information relating to the project, the project site, and surrounding region (N.J.A.C. 7:7D-2.4). 2. An EIS for a Type B Wetlands Permit should describe and analyze all possible direct and indirect effects of the proposed activity on the site itself as well as on adjacent and noncontiguous areas. The EIS shall refer particularly to the effect of the project on public safety, health and welfare, the protection of public and private property, the public trust in submerged lands and wildlife and marine fisheries, the protec- tion, preservation and enhancement of the natural environment and the preservation of the ecological balance of the wetlands. It shall relate ecological and physical characteristics of the proposed activity site to local vegetation, birds, mammals, tidal circulation, hydrology, meteorology, geology, soils, land use, recreation and history and, in addition, it shall describe and analyze: (a) The reasons that structures cannot be located on lands other than wetlands; (b) Temporary and permanent physical changes which would be caused by the proposed activity and the impact of these changes on the activity area and immediate environs; (c) Alternatives to the proposed action which would reduce or avoid environmental damage; (d) All measures to be taken during and after the completion of the proposed activity to reduce detrimental on-site and off-site effects; and (e) Adverse environmental impacts which cannot be avoided. 19 gn CHAPTER THREE HOW WILL THE PERMIT DECISION BE MADE? The Rules on Coastal Resource and Development Policies (N.J.A.C. 7:7E-1.1 et seq.) of the Coastal Management Program guide the Division of Coastal Resources in reviewing permit applications under all three coastal permit' laws. The Bureau of Coastal Project Review in the Divi- sion analyzes applications for CAFRA, Wetlands, and Waterfront Develop- ment permits based upon these rules, and makes recommendations to the Division Director to approve, conditionally approve, or deny an applica- tion. Overview of Coastal Resource and Development Policies The Coastal Resource and Development Policies are grouped into three categories: Location Policies, Use Policies, and Resource Policies. Eight basic coastal policies, however, guide the direction of the specif- ic policies: 1. Protect and enhance the coastal ecosystem. 2. Concentrate rather than disperse the pattern of coastal res- idential commercial, industrial, and resort development and encourage the preservation of open space. 3. Employ a method for decision-making which allows each coastal location to be evaluated in terms of both the advantages and the disadvantages it offers for development. 4. Protect the health, safety and welfare of people who reside, work and visit in the coastal zone. 5. Promote public access to the waterfront through linear walkways and at least one waterfront park in each waterfront municipal- ity. 6. Maintain active port and industrial facilities, and provide for necessary expansion in adjacent sites. 7. Maintain and upgrade existing energy facilities, and site additional energy facilities determined to be needed by the N.J. Department of Energy (DOE) in a manner consistent with the policies of this Coastal Management Program. 8. Encourage residential, commercial, and recreational mixed-use redevelopment of the developed waterfront. in addition, Section 10 of the Coastal Area Facility Review Act requires that seven findings be made before a permit may be issued: 1. The project must conform with all applicable air, water and radiation emission and effluent standards and all applicable water quality criteria and air quality standards. 2. It must prevent air emissions and water effluents in excess of the existing dilution, assimilative, and recovery capacities of the air and water environments at the site and within the surrounding region. 3. It must provide for the handling and disposal of litter, trash, and refuse in such a manner as to minimize adverse environ- mental effects and the threat to the public health safety, and welfare. 4. It must result in minimal feasible impairment of the regenerative capacity of watdr aquifers or other ground or surface water supplies. 5. It must cause minimal feasible interference with the natural functioning of plant, animal, fish, and human life processes at the site and within the surrounding region. 6. It must be located or constructed so as to neither endanger human life or property nor otherwise impair the public health, safety,and welfare. 7. It must result in minimal practicable degradation of unique or irreplace- able land types, historical or archeological areas, and existing scenic and aesthetic attributes at the site and within the surrounding region. The comments of the review agencies together with the Division's Coastal Location Acceptability Method, "CLAM Analysis" (see below), based upon the Coastal Resource and Development Policies allow the Division of Coastal Resources to determine whether these eight conditions are met. A discussion of the role of review agen- cies is found later in this chapter. Coastal Location Acceptability Method (CLAM) The Coastal Location Acceptability Method (CLAM) is a three-step process which the Division uses to produce predictable and consistent coastal permit decisions. The initial analysis examines the project with reference to Location Policies which address the area in which the site is located. Next the application is analyzed with reference to the Use Policies to determine whether the proposed use is suitable to the location. Last, the project is examined with reference to the Resource Policies to assess the acceptability of the development's impact on coastal resources. Figure 5 portrays the CLAM procedure in schematic form. Location Policies The coastal land and water areas of New Jersey are diverse. The same develop- ment placed in different locations will have different impacts on the coastal ecosystem and built environment, as well as different economic, social and energy use implications. Different policies are therefore required for different loca- t ions. The Location Policies classify all land and water locations into General Areas and/or into one or more Special Areas. Special Areas are those 44 types of coastal areas which merit focused attention and special management policies. They are classified into Special Water Areas, Special Water's Edge Areas, Special Land Areas, and Coastwide Special Areas. Special Water Areas extend landward no farther than the mean high water line. Special Water's Edge Areas extend from the mean high water line (or the level of normal flow in non-tidal streams) to one of the following: the inland limit of alluvial soils with a seasonal high water table equal to or less than one foot; the one hundred year flood hazard line, whether tidal or fluvial; the inland limit of water's edge fill; or the inland limit of coastal bluffs, whichever extends furthest inland. Special Land Areas are landward of the Water's Edge. Coastwide Special Areas may include Water, Water's Edge or Land Areas. 22 Figure 5 COASTAL LOCATION ACCEPTABILITY METHOO SPECIAL AREA POLICIES GENERAL WATER AREA POLICY GENERAL LAND AREA POLICY "rv COASTAL r- - REGION 0 WATER D> BODY - TYPES 2 o ENVIRONMENTAL ACCEPTABLE SENSITIVITY . ACCEPTABILITY SENSITIVITY - INTENSITY - CONDITIONS OF [- OF r m o DEVELOPMENT , PROPOSED USE DEVELOPMENT - POTENTIAL GENERAL LOCATION POLICIES USE POLICIES | rn- m RESOURCE POLICIES 3 C( ACCEPTABILITY < DETERMINATION 23 The following are Special Areas: Shellfish Beds Erosion Hazard Areas Surf Clam Aireas Central Barrier Island Corridor Prime Fishing Areas Wetlands Finfish Migratory Pathways Wetlands Buffers Submerged Vegetation Cranberry Bogs Navigation Channels Wet Borrow Pit Margins Canals Coastal Bluffs Inlets Intermittent Stream Corridors Marina Moorings Farmland Conservation Areas Ports Steep Slopes Submerged Infrastructure Routes Dry Borrow Pits Shipwrecks and Artificial Reefs Historic and Archaeological Resources Estuarine or Marine Sanctuary Specimen Trees Wet Borrow Pits Endangered or Threatened Wildlife or Intertidal Flats Vegetation Species Habitats Filled Water's Edges Critical Wildlife Habitats Existing Lagoon Edges Public Open Space Natural Water's Edge - Floodplains Special Urban Areas Alluvial Flood Margins Pinelands National Reserve and Pinelands Beaches Protection Area Dunes Hackensack Meadowlands District Overwash Fans Wild and Scenic River Corridors Special Area Policies are found in Subchapter 3 of DEP's Rules on Coastal Resource and Development Policies (N.J.A.C. 7:7E-3.1 et seq.). All coastal areas except the Special Water's Edge are also subject to General Land Area or General Water Area Policies. General Water Areas include all areas which lie below either the Mean High Water Line or the normal water level of non-tidal waters. Except at times of drought or extreme low tide, these areas are inundated. Using volume and flushing rate as criteria, General Water Areas are divided by volume and flushing rate into oceans, open bays, semi-enclosed and back bays, tidal guts, large rivers, medium rivers, creeks and streams, and lakes, ponds and reser- voirs. Some of these types are further divided for policy purposes into different depths. A Policy Summary Table, which indicates the Location Policy for the introduc- tion of various uses in each of the General Water Areas, is included for quick reference (See Figure 6). Policies for General Water Areas are fully explained in Subchapter 4 of the Coastal Resource and Development Policies (N.J.A.C. 7:7E-4.1 et seq.). General Land Areas include all mainland land features located upland of Special Water's Edge Areas. The acceptability for development of Land Areas is defined in terms of three levels of acceptable development intensity. Three factors determine the acceptable development intensity for various locations in Land Areas: Figure 6 WATER AREA POLICY SUMMARY TABLE \ Water Ocean Open Bay Semi Enclosed Tidal Large Medium Rivers, Lakes, Ponds Man- Area and Back Bay Guts Rivers Creeks and and Modified Use \ Type 18'+0-18' 18'+,6-18' ,0-6' 6'+,0-6' Streams Reservoirs Harbors Aquaculture C C C C C C C C C C C C Boat Ramps / P / C C C C C C C C Docks (cargo) C C C C C C C P* C C C Docks (recreation) C C C C C C C C C C C C Dredging (maintenance) C C C C C C C C C C C C Dredging (new) C C D D D D D D* C C C D Spoil Disposal C C C C D C D P* C P C p Dumping P P P P P P P P P P P P Filling D D P D D D D D D D P D Piling D C D C C C C C C C D C Mooring C C C C C C C C C C C C Sand, Gravel Extraction C D D D D D D P C C P C Bridges / / D D D D C C C P P Submerged Infrastructure C C C C C C C D* C C C C Overhead Lines / / P P P P C P C P C Dams & Impoundments / / / / / P D P P D / / Outfalls & Intakes C C C C C C C C C C C C Realignment / / D D D D D D D D D Miscellaneous C C C C C C C C C C C *Conditionally acceptable in the Arthur Kill and Kill 'Van Kull P = Prohibited C - Conditionally Acceptable Note: Depths are mean depth of water D = Discouraged / - Impractical 1. Coastal Growth Rating - The coastal zone is classified into 13 regions on the basis of existing coastal development and natural and cultural resources. Three growth strategies affect coastal policy in each of these regions: a. Development Regions - Already largely developed, these regions are preferred for additional development over other regions, all other factors being equal. b. Extension Regions - These regions are close to development regions. Development should be channelled here when appropriate sites are not available in the Development Regions. C. Limited Growth Regions - Largely undeveloped and containing environmentally sensitive areas, these regions should generally contain only inf ill development. Planned Unit Developments are, however, conditionally acceptable in these regions. 2. Environmental Sensitivity - The level of a site's environmental sensitivity -- High, Moderate, or Low -- depends on the presence of three factors: a. Vegetation b. Fertile soils c. High permeability wet soils The presence of these factors indicates high environmental sensiti- vity; their absence indicates low environmental sensitivity. 3. Development Potential - The level of development potential -- High, Medium or Low -- depends on the presence of three factors: a. Roads b. Sewerage c. Surrounding development The presence of these factors indicates high development potential; their absence indicates low development potential. The synthesis of these three factors indicates the appropriate pattern of development from a broad, regional perspective and provides a method for determin- ing the acceptable intensity of development of specific sites, as well as entire regions. The method of assessment is found in Subchapter 5 of the Coastal Resource and Development Policies. Figure 6 contains the Land Acceptability Tables. Subchapter 6 of the Coastal Resource and Development Policies (N.J.A.C. 7:7E-6.1 et seq.) contains the General Location Policies. Linear development is subject to specific location policies. In addition, coastal development that induces further development must demonstrate that these secondary impacts satisfy the Coastal Resource and Development Policies. Use Policies The second stage in the screening process of the Coastal Resource and Develop- ment Policies is a set of policies for particular uses of coastal resources. These policies are found in Subchapter 7 of the Coastal Resource and Development Pol- icies. They do not preempt Location Policies which restrict development, unless specifically stated. In general, Use Policies impose conditions which must be satisfied 'by specific uses, in addition to meeting the Location Policies and Resource Policies. 26 Figure 7 Land Acceptability Table: Development Region (Urban Areas, Northern Waterfront, Northern, Central, Abaecon-Somers Point Regions, and Delaware River) ACCEPTABLE DEVELOPMENT ENVIRONMENTAL DEVELOPMENT POTENTIAL SENSITIVITY INTENSITY Area Type High Moderate Low Number High Medium Low Low Med4um High Intensity Intensity Intensity I X X X 2 X X X 3 X X X 4 x x X 5 X X X 6 X X 7 X X X 8a x x 9 X x I Land Acceptability Table: Extension Region (Southern, Western Ocean, and Barnegat Corridor Regions) ACCEPTABLE DEVELOPMENT ENVIRONMENTAL DEVELOPMENT POTENTIAL SENSITIVITY INTENSITY Area Type High Moderate Low Number High Medium Low Low Medium High Intensity Intensity Intensity 1 X X X 2 X X X 3 X X 4 X X X 5 X X x 6 X X X 7 X X X 8 X X X 9 X X X Land Acceptability Table: Limited Growth Region (Mullica-Southern Ocean, Great Egg Harbor River Basin, and Delaware Bayshore Regions) ACCEPTABLE DEVELOPMENT ENVIRONMENTAL DEVELOPMENT POTENTIAL SENSITIVITY INTENSITY Area Type High Moderate Low Number High Medium Low Low Medium High Intensity Intensity Intensity 1 X X X 2 X X X 3 X X 4 X X X 5 X X X 6 X X X 7 X X X 8 X X X 9 X X X 27 Coastal uses are classified in the following categories: Housing Mining Resort and recreational Ports Energy Commercial facility Transport at ion Coastal engineering Public facility Dredgeospoil disposal on land Industry National defense facilities Resource Policies The third step in the screening process of the Coastal Resource and Develop- ment Policies involves a review of a proposed development in terms of its effects on various resources of the built and natural environment of the coastal zone, both at the proposed site as well as in its surrounding region. These policies serve as performance standards to which proposed development must adhere. The Resource Policies are found in Subchapter 8 of the Coastal Resource and Development Policies. The Resource Policies concern the following resources: Marine Fish and Fisheries Runoff Shellfisheries Soil Erosion and Sedimentation Water Quality Vegetat ion Surface Water Use Important Wildlife Habitat Groundwater Use Air Quality Public Services High Permeability Moist Soils Public Access to the Shorefront Wet Soils Scenic Resources and Design Flood Hazard Areas Buffers and Compatibility of Uses Decommissioning of Projects Solid Waste Noise Abatement Energy Conservation Barrier Free Design Neighborhoods and Special Communities Traffic 28 Hypothetical Case Study: Winslow Village -CAFRA Permit Application- DEP receives an application to construct 132 townhouses on a 13.97 acre site in Monmouth County. The project requires a CAFRA permit because it is located within the CAFRA area and involves the construction of 25 or more housing units. The following is a step-by-step description of how the CLAM process determines the application's acceptability. Step 1. Identify and Map Site and Surrounding Region NEGM MAP Source: USGS 7.5' Topographic Quadrangle Map, U.S. Department of the Inte- rior. 1:24,000 scale Step 2. Identify and Map Special Areas On the site's western boundary are slopes with gradients between 15 and 25 percent. The Steep Slopes Policy (N.J.A.C. 7:7E-33) applies. Source: USGS Slope Map and Site 0SITE Survey. Policy: The Steep Slopes Policy is as follows: SPECIAL AREAS Development on steep slopes is discouraged unless their use is essential to a reasonable use of the site. If some development of steep slopes meets that standard, then the development must: 1. Produce minimum fea- sible site distur- bance, 2. Provide for maximum feasible vegetation of the steep slope, STEEP SLOPES especially with nat ive woody vegetation, 29 3. Be consistent with the natural contour of the site to the maximum extent feasible, 4. Include limited s t a b i i z at ion measures, if neces- sary, such as terrac- ing and paving, that are consistent with the natural or pre- development character of the entire site, to the maximum extent practic able, and 5. Meet the Resource Policies for Runoff and Soil Erosion and Sedimentation (7:7E-8.7 and 7:7E- 8.8). Analysis: Development of the Steep Slopes is not essential to a reasonable use of the site, since Steep ___ Slopes cover less than 25 percent of the site and are located along one border. A cluster housing arrangement can avoid the need for construction on Steep Slopes, without limiting the number of units. The applicant must submit a s i t e p 1 an w h i c h avoids construction on Steep Slopes. Step 3: Identify and Map General Water Areas There are no Water areas on this site. General Water Area Policies do not apply. Source: USGS 7.5' Topographic Quadrangle Map 30 Step 4: Identify and Map General Land Areas Source: USGS 7.5' Topographic Quadrangle Map and Soil Survey of Monmouth DEVELOPMENT POTENTIAL County Analysis: The site is located in the North S h o r e Region, which is desig- nated a Development Region. To determine the accept- able intensity of development, the site's development poten- tial and environmental sensitivity are con- sidered. The site has access to sewerage STEEP SLOPES and to paved public STEEP SLOPES Ij83 roads. More than 50 publier- EXISTING RESIDENTIAL DEVELOPMENT roads. More than 50 per- ADJACENT D (INFILL cent of the site's ADJACRITERION IS MET) boundaries are adjacent CRITERION IS MET) to existing re asidaential PAVED ROAD WITN SEWER LINE to existing residential development . The development potential, therefore, is high. The entire site has ENVIRONMENTAL SENSITIVITY moderate environmental sensitivity since it is an early successional meadow with soils of Agricultural Capability Class III and depth to seasonal high water table greater than three feet. High Development Poten- tial combined with Moderate Environmental Sens it ivity in a Development Region allows High Intensity of Development. SOIL CAPABILITY IS CLASS m1 FOR Step 5: Use Policies ENTIRE SITE. THERE ARE NO HIGH PERMASILITY MOIST SOILS. ENTIRE SITE The project must meet the HAS MODERATE ENVIRONMENTAL SENSITIVTY. Housing Use Policies (N.J.S.A. 7:7E-7.2). The Cluster Development Policy (N.J.A.C.7:7E- 7.2(c)) is relevant: 31 Housing developments are encouraged to cluster dwelling units on the areas of sites most suitable for development. Analysis: The applicant must submit a site plan with cluster housing to meet this Policy. Step 6: Resource Policies The proposed project will not have a significant impact on any coastal resource protected by the Resource Policies. Since development will not occur on Steep Slopes, the Runoff (N.J.A.C. 7:7E-8.7) and Soil Erosion and Sedimen- tation (N.J.A.C.7:7E-8.8) -- Policies can be met. The project meets the re- quirements of the Water Quality Policy (N.J.A.C. 7:7E-8.4) since it will not prevent attainment of surface water and groundwater standards. Step 7: Acceptability Determina- tion The hypothetical project is conditionally accept- able. The applicant must submit a site plan showing clustered housing on the part of the site where there are no Steep Slopes to meet the St eep Slopes A M and Cluster Housing Policies. The project, if sensitively designed, could meet the relevant Resource Policies. 32 Role of Review Agencies Although all CAFRA, Wetlands and Waterfront Development Permit applications are reviewed for consistency with the Rules on Coastal Resource and Development Policies, CAFRA applications and selected Wetlands and Waterfront Development Permit applications are also reviewed by other State agencies to ensure that the proposed project will not have unacceptable impacts upon resources which those agencies are responsible for protecting. The following agencies review coastal permits based on their expertise is administering their respective responsibilities. Department of Environmental Protection Division of Water Resources - Responsible for water quality under Section 208 of the Federal Clean Water Act and under the New Jersey Water Pollution Control Act. It also regulates building within stream areas and in designated floodways. Division of Environmental Quality - Responsible for air quality under the Federal Clean Air Act and for solid waste disposal. Division of Fish, Game and Wildlife - Administers Federal Efidangered Species Act. The Planning Group -Responsible for archaeological and cultural resources. Green Acres Program -Responsible for the New Jersey State Comprehensive Outdoor Recreation Plan (SCORP). Department of Community Affairs Division of State and Regional Planning - Responsible for the State Development Guide Plan and the Municipal Land use Law. Department of Labor Division of Planning and Research - Responsible for siting and financing business and industry. The Division of Coastal Resources considers the comments of the review agencies, the local municipality and county, and others who submit written or oral testimony in determining whether a proposed project is consistent with DEP's Rules on Coastal Resource and Development Policies, before the Division makes the final determination. Counties have land use authority over subdivision and site plans for traffic impacts on county roads. Municipalities have the power to enact and enforce zoning ordinances. The State and local governments act to check each other for in most cases a project must receive the appropriate approvals from both before construction may begin. 33 Tidelands Decisions The Tidelands Resource Council, a twelve member body appointed by the Gover- nor, may grant, lease or license the use of State-owned tidelands, so long as such action is in the public interest. The Division of Coastal Resources serves as staff to the Tidelands Resource Council, and provides an analysis of the consis- tency of each proposed use of tidelands with the Coastal Resource and Development Policies. This ensures that the Council will not convey tidelands for uses for ~which the required Waterfront Development Permit would be denied. The Commissioner of DEP may refrain from signing the Council minutes if an action of the Council is believed to be inconsistent with State policy including the Coastal Resource and Development Policies. If the minutes are not signed, an application is returned to the Council for reconsideration. Decisions in the Hackensack Meadowlands District The' Hackensack Meadowlands Development Commission, (HMDC) a State-level regional agency, is the lead planning and management agency in a 31 square mile area encompassing part of the Hackensack River Estuary and associated wetlands and uplands. The HMDC's Master Plan and associated ordinances guide both the HMDC and DEP in their decision-making within the Meadowlands District. The HMDC has full planning and zoning powers within the District. For development at and below mean high water in the Hackensack Meadowlands District, a Waterfront Development Permit is required from the Division. Permit decisions, however, are based solely upon the Special Area Policy for the Hacken- sack Meadowlands District (N.J.A.C. 7:7E-3.44), which states that the HMDC is the lead coastal planning and management agency within the District. The HMDC Master Plan Zoning Rules are adopted as part of the Coastal Management Program. Energy Facilities The New Jersey Department of Energy (DOE) and DEP have coextensive jurisdic- tion over energy facility siting in the coastal zone based on the Department of Energy Act (N.J.S.A.52:27-1 et sec.). To exercise this jurisdiction effectively, the two departments entered ino a Memorandum of Understanding (MOU) in 1978. The MOU includes: 1. A procedure for DOE to review coastal permit applications; 2. A commitment for DEP and DOE to base their decisions on the State' s Coastal Resource and Development Policies and the State Energy Master Plan. Generally, the Energy Master Plan addresses the need for new energy facilities and the Coastal Policies address their environmental impacts. 3. A procedure to resolve differences between the two agencies through an Energy Facility Review Board. To date, there have been no conflicts between the two Departments and the Energy Facility Review Board has never had to meet. Public Participation in the Review Process Public participation is an essential element in the development and imple- mentation of the Coastal Management Program. DEP offers opportunities for public participation in regulatory decision-making and continued coastal planning such as policy revision. 34 A public hearing is required under CAFRA and is held where public interest justifies one under the Wetlands Act and Waterfront Development Act. Under CAFRA the applicant must give notice of the public hearing pursuant to the provisions of the Municipal Land Use Law. Decisions to lease or sell publicly-owned tidelands are made by the Tidelands Resource Council at meetings which are open to tepublic. in addition, any interested person can review the Division's file on a pending application and submit written comments. The Division holds a public hearing near the site of a proposal for every CAFRA permit application, and, at its discretion, for major Wetlands and Waterfront Development permit applications. Decisions to lease or sell publicly-owned tide- lands are made by the Tidelands Resource Council at meetings which are open to the public. In addition, any interested person can review the Division's file on a pending application and submit written comments. 35 CHAPTER FOUR HOW CAN I INCREASE MY PROSPECTS FOR APPROVAL?* This chapter describes the workings of the natural system of the coast, and provides building techniques to use to comply with the Coastal Management Program's Location, Resource and Use Policies. These techniques are suitable for building in environmentally sensitive areas, and harmonize construction with the landscape. A reference to the appropriate coastal Policy follows each technique. The Policies were adopted as administrative rules (N.J.A.C.7:7E-1.l et. seq. and were most recently revised in March, 1982. If you use some or any of the building techniques described in this chapter, you will not be guaranteed approval of your permit application. You will, however, have increased your prospects for approval since you will be building in harmony with the coastal ecosystem. The Coastal Natural System Beaches and Dunes protect marshes Dunes are easily damaged by most and adjacent upland from storms and any human use. Walking through dune erosion, provide wildlife habitat, and grasses kills them and increases are of obvious scenic and recreational erosion. On beaches and dunes, value. Waves and wind are constantly foundations for structures are usually altering beaches and dunes. This is unstable, danger of flooding and storm especially true during and after damage is extremely high, and water storms. The action of tidal currents supply and waste disposal problems are and of waves striking a shoreline frequent and expensive to solve. at an angle slowly moves sand and Development of dune areas is not other materials along the shore. The recommended. littoral drift, as it is called, resupplies eroding beach with sand transported from offshore or other 7e/W rwru uz&, ,syc c.ure -,y points along the coast. Erosion and movement of dunes is reduced by .f. . -f' : dun'e grasses and other vegetation, which trap and anchor the sand against natural forces. Activities which adversely affect the natural function- ing of the Beach and Dune System are discouraged with some activities conditionally permitted (N.J.A.C. Estuaries are river mouths and 7:7E-3.21). bays where fresh and salt water meet. Because salt water is slightly heavier than fresh water, it usually moves up the estuary beneath outflowing fresh water. Fine-grained material tends to move upstream by this process, fre- ,i," At*h e->nd .: ' ""'t,,:: quently causing dredged channels to - .....silt in quickly. The mixing of water --,s _.?;. . ...4..I..'.I...;;."." in estuaries creates a. nutrient-rich ' ,,,,,, .//,,, habitat favorable to many forms of -,, ... life, and helps to naturally cleanse polluted water. * This chapter is based on Chapter Two of the State of Connecticut's Developer's Handbook, written by Allen Carrol. The New Jersey Coastal Management Program is grateful to the Connecticut Coastal Area Management Program for permission to borrow from the Developer's Handbook amd reproduce its sketches. 37 Nearly all of the fish of the Jersey shore are in one way or another - vHe dependent upon estuaries. Salmon and E . . "v shad migrate through them to fresh ' water spawning areas; other species, such as striped bass, use estuaries as nursery areas. Development which creates a physical barrier to Finfish 1 u Migratory Pathways is prohibited !i % --7 ] unless mitigation measures are used (N.J.A.C. 7:7-3.5). For many other marine animals, estuaries are important in feeding and reproduction. Estuar- ies also provide habitat for blue crabs, oysters, and other commercially The food web begins with dead valuable shellfish. Any development plant and animal matter and other which results in the destruction, sediments flowing into estuaries from contamination or condemnation of upland areas. These materials are presently productive Shellfish Beds converted into food by marsh vegeta- is prohibited (N.J.A.C. 7:7E-3.2). tion, marine algae, bacteria, and Also, destruction of submerged vegeta- minute floating plants. The plants tion beds is generally prohibited, and are eaten either by small fish, conditionally acceptable only for shellfish and other invertebrates, or trenching energy pipelines and Sub- by microscopic floating animals, which marine Cables of national significance in turn are preyed upon by larger (N.J.A.C. 7:7E-3.6). animals. Large fish, birds, and people are at the top of the food web having no natural predators. Other animals feed on dead plants and animals, reducing them into basic - B-/_, ''-- ~-'- chemical consituents. These materials :--A-- - are used by plants, thus completing the cycle. Because all aspects of the biological system are interrelated, disruption of one part of the food web can affect many other parts. aur/f irue prmele Land Areas exert an important - influence on the natural systems of . , e the coastline. The amount and quality : : / of fresh water draining from land areas into estuaries determines the . ~, c~ . salinity and water quality of all coastal waters. The salinity in turn helps determine the type of animal and plant species in the estuaries, and Tidal Wetlands (or salt marshes) to a degree the type of wetlands trap and store enormous amounts of vegetation bordering the estuaries. energy in soil and plants. Tidal Many animals need the lowered salinity flushing, the daily movement of salt in estuaries for spawning, for use as water into and out of the marshes, nursery areas, and for protection from washes this energy, in the form of as salt water predators. dead plant matter and microscopic 38 organisms, out into the estuaries and the ocean, where it serves as the primary link in the food web for marine life. Tidal wetlands are pollution filters, removing contami- nants from water flowing through them. By slowing the surge of flood waters, they can reduce not only shore erosion but also flood damage to upland nonnal structures. Many fish species spawn or .. spend part of their life cycles in tidal wetlands. Marshes are also important breeding areas for certain waterfowl. The value of wetlands as wildlife habitat, cleansers of pollutants, nutrient producers and aesthetic attractions make their preservation vital. In general, development of all kinds is prohibited development should allow and encourage Public Access to scenic views through the use of walkways open to the public and or by planning the size and location of roads and structures with their visual impact in mind (N.J.A.C. 7:7E-8.13). New Jersey's coastal waters and adjacent shorelands are valuable public resources which are - i;7bnLp : : : : ~V, - .-:v. 9' I , limited in area. Past developments have often blocked the waters from public view and/or made physical access to the waterfront difficult or impossible. Future development should Intertidal Flats are unvegetated provide open space at the water for sandy or muddy areas exposed at low provide open space at the water for tide. D espit e their barren walking, sitting, viewing, jogging or bicycling. DEP's Hudson River Walkway appearance, they supporms, crabs, Plan Design Guidelines can be applied animal populations. Worms, crabs, and clams feed at high tide, and to any proposed urban walkway, r etreat into burrows as th e tide although the plan itself specifically applies to the Hudson River. recedes. High tide also brings juvenile and even adult fish, which graze on the exposed food supply. Millions of microorganisms in the tideflats serve as natural filters for cleaning polluted water. Devel- oping, filling and new dredging of intertidal flats is generally discouraged (N.J.A.C. 7:7E-3.16). Flood Plains bordering estu- aries and the coastline are prone to I. IW periodic flooding and storm damage. "' Development of these areas should be ..--- " limited to water-dependent activities such as boating and recreation (N.J.A.C. 7:7E-3.19). 39 Dredging, Fill, and Structures Dredging frequently changes water circulation and salinity and releases pollutants from bottom sediments. Fine silt disturbed through dredging clouds the waters and creates poor habitat for bottom organisms after settling. The silt is easily moved by tides and currents; clogged channels may require frequent redredging. Whenever possible, dredging should be avoided. If it is necessary, the spoil removal should be kept to a minimum, the dredging should take place during a time of the year when impacts would be minimized, and . turbidity controls should be used (N.J.A.C. 7:7E-4.10(e) and (f)). As a rule, waters should not be altered by Filling (N.J.A.C. 7:7E-4.10 (i)). Filled tidal areas are often subject to flooding and may result in erosion problems. In addition, filling alters the flow of water and sediments and destroys wildlife habitat and productive shallow areas. If it is necessary to install a structure in tidal waters, pilings are better than fill. Water, sediments, and wildlife can live and move freely beneath the pilings where a solid structure would have created an obstruction (N.J.A.C. 7:7E-4.10(j)). Jetties, groins, and other Shore Protection Structures perpendicular to the shoreline often cut off the transport of sand by wave action. Sand may build up on the side of the barrier while the beach on the other side is starved for sand and erodes away. Avoiding such structures allows natural processes to resupply eroding beaches with sand (N.J.A.C. 7:7E-7.11 (e)). Bulkheading can usually be avoided by locating development away from eroding shorelines. If not, it may be possible to retain or establish a buffer strip or vegetation between the bulkhead and the water. This will . help prevent undermining of the ' bulkhead, and will provide for wild- life habitat (N.J.A.C. 7:7E-7.11(e)). � 40� � 40 Developing the Coast Wisely Natural drainage patterns of shorelands should be maintained. Channelization and diversion of coastal streams can increase pollution, change salinity levels, and decrease biological activity in estuaries by diverting flow from marshes, tideflats, - and other shallow areas. Realignment of natural waterways is discouraged (N.J.A.C. 7:7E-4.10(r)). If wells are going to be used for water supply, fresh groundwater may be in short supply in many coastal areas. Excessive reliance on Groundwater Use sometimes causes salt water to con- water table taminate wells (N.J.A.C. 7:7E-8.6). fresh ..- .... water ,::,. . . : . salt water Poorly planned septic systems can be especially troublesome near the coastline. Since the water table is usually close to the surface, waste- f/ water may enter the groundwater before it is properly cleansed. Highly permeable sandy soils and relatively impermeable marsh soils require special consideration in design and may limit development sites. Coastal / development such as roads, parking lots, structures, subsurface sewage disposal areas, and discharge basins, should avoid High Permeability Moist Soils (N.J.A.C. 7:7E-8.20). Development that will help restore the economic and social viability of depressed Urban Areas is ~ - encouraged especially if the develop- ment provides safe access to the waterfront (N.J.A.C. 7:7E-3.42). Urban development and redevelopment and Housing Rehabilitation will provide economic and social benefits to local residents and neighborhoods t (N.J.A.C. 7:7E-7.2(g)). 41 Buildings and other types of development that do not require access to water should be located inland of the coastline. Locating such develop- Q X ment inland will keep coastal areas \ available for more appropriate water- related uses. Boat Ramps, Docks and Piers, and Bridges in tidal waters and wetlands should be built so that water circula- tion is not blocked or impeded. Bridges are more desirable than ..... culverts; pile-supported causeways ,I across marshes and tideflats preserve natural habitat and are less disrup- A i I tive than solid fill (N.J.A.C. 7:7E- 0ii,. x Illdl 4.10 (b), (c) and (m)). .,,,,, , ii ll'l ll.:' Marinas should be located in areas with steep banks and good water circulation that provide wave and storm protection in many cases. The ( natural shoreline can be largely - 'c. preserved by placing boat slips farther out into the water and connecting them to the shore with wharves. This will reduce expensive dredging and bulkheading, and will\\ preserve the shoreline for recreation and wildlife. (N.J.A.C. 7:7E-7.3 (d)). It also reduces wave action in the marina due to wave reflection off the bulkhead. The Marina Development Guide (available from the Division in July 1982) will provide further guidance to marina developers. Support facilities for marinas, including buildings and storage areas, should be located inland. Locating these facilities on the shoreline , preempts valuable open space, pollutes surrounding waters with storm runoff, and greatly increases the probability of serious storm damage. 42 Harmonizing with the Landscape Buildings should be designed to blend with their natural surroundings rather than spoil them. Instead of ignoring or dominating the landscape, large structures should harmonize with the area's Scenic Resources. Use of appropriate building materials and skillful landscaping will make new buildings less obtrusive (N.J.A.C. 7:7E-8.14). The use of a site should be compatible with other land uses in the area. A commercial development that could be an asset in the right loca- tion may be a nuisance and an eyesore if improperly sited. Buffers may mitigate the adverse impacts of development (N.J.A.C. 7:7E-8.15). In addition to screening homes from undesirable views, subdivisions can be planned so that houses face away from unsightly buildings, roads, and parking lots, and take advantage of natural and open space areas. Trees and undergrowth can be thinned to open up distant vistas without stripping the site of vegetation and causing Soil Erosion (N.J.A.C. 7:7E-8.8). Maintaining portions of a site as open space has many advantages: privacy is improved through separation 1 of buildings or groups of dwellings; car and play areas are separated for greater safety; the value and aesthetic quality of the development are improv- ed. In addition, biologically valu- able areas such as wetlands can be preserved, and buildings can be concentrated in areas best suited for them to provide Compatibility of Uses (N.J.A.C. 7:7E-8.15). The natural quality and attrac- tiveness of the coastline can be destroyed by improper development. Heavy development of the immediate waterfront causes most vegetation to be stripped away and increases danger of pollution from septic systems. Cluster Develpment is encouraged because it reduces the impact of construction on soils, open space, vegetation, and aquifer recharge resources (N.J.A.C. 7:7E-7.2 (c)). 43 Subdivision Design Roads should follow the contours of the site rather than run against them. Roads built straight up and down hill require more grading, are more expensive, need more maintenance, and may increase erosion problems. A carefully-planned circulation pattern is preferable to a monotonous grid system, since it may prevent Traffic congestion and preserve the natural assets of the site (N.J.A.C. 7:7E- Residential areas should be separated from major highways, corn- merial areas, or factories by Buffers. " Existing or planted vegetation (especially evergreens) and bulldozed earthen berms can effectively increase privacy and reduce noise reaching the development (N.J.A.C. 7:7E-8.15). ~ In developing a site, as much existing Vegetation as possible should be preserved. Stripping an area of trees decreases its value and reduces its visual quality. When planting new vegetation, it is best to use native species, since they are generally hardier and better suited to the site than ornamental and exotic plants (N.J.A.C. 7:7E-8.9). Improper scale and architectural style of buildings can visually spoil an entire street or neighborhood. The height, building materials, setback from the street, and landscaping of new buildings should harmonize with neighboring structures. Buildings should not compete with nearby visual attractions such as churches and Historic and Archaeological Resources (N.J.A.C. 7:7E-3.35). Buildings, signs, and parking areas should not block vistas from roads and other public areas. Pleas- ing views can be maintained by placing Overhead Transmission Lines under- ground, landscaping to prevent vegeta- tion from obscuring the view, and locating buildings below or to one side of the line of sight (N.J.A.C. 7:7E4.10(o)). 44 Energy Conservation Energy Conservation techniques such as increasing insulation in walls and ceilings can substantially reduce heating costs regardless of the type of heating system used. Increasing insulation in walls from 4 to 9 inches and in ceilings from 3 to 6 inches can lower heat loss on a cold day by roughly 30 percent. Reducing air leaks around doors and windows also reduces heat loss (N.J.A.C. 7:7E-8.17). The location and exposure of buildings can have a major effect on energy consumption. Houses on exposed, windy sites will require more energy to heat than buildings in more shel- tered areas. Large windows on north- ern walls will increase winter heat loss. Roof overhangs on south-facing walls with large windows can be designed so that sunlight enters the house in the winter and is largely blocked in the summer. DEP's Energy Conservation Guidelines (available in July, 1982) will contain techniques for complying with the Energy Conser- vation Policy. Widely dispersed residential development causes energy to be wasted in frequent and lengthy automobile trips. Wisely planning Housing and Transportation by increasing density of development through clustering and locating subdivisions, schools, shopping areas and employment centers near each other reduces gasoline consumption and makes possible the use of alternative forms of transportation (N.J.A.C. 7:7E-7.2(f)). 45 CHAPTER FIVE WHAT IF MY APPLICATION IS DENIED? Conflict Resolution - Appeals All permit decisions made under the New Jersey Coastal Management Program can be appealed administratively. By law, a CAFRA permit decision can be appealed by any interested person within 21 days of the final Division of Coastal Resources action to a Coastal Area Review Board composed of the Commissioners of Environmen- tal Protection, Community Affairs, and Labor. By regulation, it may also be appealed to the Commissioner of DEP within 21 days of publication of the decision in the DEP Bulletin. The decision of the Commissioner or of the Review Board can be further appealed through the courts. Wetlands and Waterfront Development permit decisions can be appealed to the DEP Commissioner within 10 days, and then to the courts. If a proposal requires approval under several laws with different sets of criteria, the applicant will have to meet them all. A project subject to a coastal permit, which is encouraged by the plans or actions of another agency, cannot be constructed unless it has received the required coastal permit. At the same time, a project which conforms with all the Coastal Resource and Development Policies cannot be constructed until the applicant receives all other required State, Federal, county and municipal approvals. If your Tidelands conveyance is denied by the Tidelands Resource Council, you may request that the Council reconsider its decision. There is no automatic right of appeal. If your permit application is denied "without prejudice" (as most are), you may submit a subsequent application for the same project on the same site within one year of the date of disapproval without paying additional fees. A denial with prejudice is a final disapproval of the application. If you re- apply, you must submit the appropriate fees. Enforcement Procedures DEP has established procedures for enforcing permit requirements and condi- tions. The Bureau of Coastal Enforcement and Field Services inspects a project site after a permit has been issued to ensure that development activity is in accordance with the permit's requirements and conditions. The Bureau also routine- ly inspects the coastal zone for illegal development. State law provides severe penalities for violation of laws and regulations. You can be required to remove any structure for which a necessary permit or license was not obtained, and to restore illegally altered sites to their original condi- tion at your own expense. A7 CHAPTER SIX HOW DO I OBTAIN MORE INFORMATION AND ASSISTANCE? DIVISION OF COASTAL RESOURCES OFFICES In Monmouth and Ocean Counties, Old Bridge Township in Middlesex County, Washington Township in Burlington County or Bass River Township in Burlington County a. To determine the need for a coastal permit, contact: Bureau of Coastal Enforcement and Field Services North Shore Region 1433 Hooper Avenue Toms River, New Jersey 08753 (201) 341-3977 b. To arrange a pre-application conference conference, or to apply for a coastal permit, contact: Bureau of Coastal Project Review North Shore Region CN 401 Trenton, New Jersey 08625 (609) 292-0062 In Atlantic, Cape May, or Cumberland Counties and Salem County south of Pennsville, a. To determine the need for a coastal permit, contact: Bureau of Coastal Enforcement and Field Services South Shore Region P.O. Box 188 Pomona, New Jersey 08240 (609) 652-0004 b. To arrange a pre-application conference, or to apply for a coastal permit, contact: Bureau of Coastal Project Review South Shore Region CN 401 Trenton, New Jersey 08625 (609) 292-0061 49 In all other coastal areas, a. To determine the need of coastal permit, contact: Bureau of Coastal Enforcement and Field Services Waterfront Region CN 401 Trenton, New Jersey 08625 (609) 292-8203 b. To arrange a pre-application conference, or to apply for a coastal permit, contact: Bureau of Coastal Project Review Waterfront Region CN 401 Trenton, New Jersey 08625 (609) 292-2895 To determine Tidelands ownership or to apply for a Tidelands grant, lease, or license, contact: Bureau of Tidelands CN 401 Trenton, New Jersey 08625 (609) 292-2573 For information concerning the Coastal Management Program in general, the Local Coastal Grant Program, the Shore Protection Master Plan, or the Federal Coastal Zone Management Act, contact the Bureau of Coastal Planning and Development CN 401 Trenton, New Jersey 08625 (609) 292-9762 Division of Coastal Resources Publications The following publications provide additional information: 1. Rules on Coastal Resource and Development Policies (June, 1981). 2. Summary of the New Jersey Coastal Management Program (1981). 3. Marina Development Guide (available July, 1982). 4. Guidelines for Implementing the Energy Conservation Policy (available June, 1982). All are available from the Coastal Information Center Division of Coastal Resources CN 401 Trenton, N.J. 08625 (609) 292-9760 50 APPENDIX THE NEW JERSEY COASTAL MANAGEMENT PROGRAM History of the Coastal Management Program On September 29, 1980, the National Oceanic and Atmospheric Administration (NOAA) determined that New Jersey had coastal policies and management authority sufficient to justify Federal approval for its Coastal Management Program. NOAA had already approved New Jersey's Coastal Management Program for the Bay and Ocean Shore Segment of the Coastal Zone in September, 1978. The New Jersey Coastal Management Program is the final product in the State's history of managing the coast. New Jersey's interest in its coast predates the American Revolution, for under English Common Law tidal waters and the lands thereunder belonged to the Sovereign for the common use of all the people. The public interest in the State's tidelands (also called riparian lands) is protected by the Tidelands Resource Council, a group of 12 citizens appointed by the Governor, which is assisted in its work by DEP's Bureau of Tidelands. The current structure of regulatory laws by which the DEP manages the coastal zone was begun in 1914, when the State Legislature passed the Waterfront Develop- ment Law (N.J.S.A. 12:5-3). The law requires that prospective waterfront devel- opers obtain State approval for all plans for development on any tidal waterfront. The Hackensack Meadowlands Reclamation and Development Act (N.J.S.A. 13:17-1 et seq.) was enacted in 1969. This Act was intended to ensure the orderly develop- ment of the Meadowlands District by creating a Commission, providing it with the authority to regulate all forms of development within the District, and instructing it to develop a master plan for the 31 square mile District. In 1970, the Wetlands Act (N.J.S.A. 13:9A-1 et seq.) took effect, administered by the newly created Department of Environmental Protection. This Act required DEP to inventory, map, and regulate development activities in all coastal wetlands from the Raritan River Basin southward. The next major legislative advance in coastal zone management occurred in 1973 when the State passed the Coastal Area Facility Review Act (CAFRA, N.J.*S .A. 13:19-1 et seq.), giving DEP authority to regulate major development in the Bay and Ocean Shore Segment of the coastal zone. The Act was intended to preserve environ- mentally sensitive sites and ensure a rational pattern of development. In 1972, the U.S. Congress passed the Federal Coastal Zone Management Act, declaring a national interest in the effective management, beneficial use, protec- tion and development of the coastal zone, and encouraging and assisting the states with funding to develop and implement management programs to achieve wise use of the land and water resources of the coastal zone. In response to this Federal initiative, the State worked from 1974 until 1980 to prepare, and obtain Federal approval for, a statewide Coastal Management Program. One major part of the New Jersey Coastal Management Program is a comprehensive set of Coastal Resource and Development Policies now used by the Department to ensure consistent and predictable permit decision-making in the coastal zone. These policies include Location Policies to guide development toward the most appropriate, least environmentally sensitive sites; Use Policies to assure that a proposed use is appropriate for a site; and Resource Policies which establish performance standards to protect coastal resources. In September, 1980, DEP, for the first time, promulgated rules defining the geographic scope of its jurisdiction under the Waterfront Development Law. DEP also designated the Hackensack Madowlands Development Commission as the lead coastal management agency for the Hackensack Meadowlands District and adopted the Commission's Master Plan as part of the Coastal Management Program. The State Pinelands Area, created by the Pinelands Protection Act in 1979, overlaps the coastal zone in the Mullica River Watershed. In this area, coastal permits and approval from the Pinelands Commission are required for new develop- ment. The Pinelands National Reserve, created by the Federal National Parks and Recreation Act of 1978, overlaps the coastal zone in parts of Atlantic, Burlington, Cape May, and Ocean Counties. In December 1980, DEP determined that the Coastal Management Program is basically consistent with the objectives of both the State and federal Pinelands Acts. What is the Coastal Management Program? The center of the New Jersey Coastal Management Program is the regulatory activity of DEP's Division of Coastal Resources under the Waterfront Development Law, the Wetlands Act, and the Coastal Area Facility Review Act. Decisions are guided by a comprehensive set of Rules on Coastal Resource and Development Policies (N.J.A.C. 7:7E-1.1 et seq.). The Rules also guide staff recommendations to the Tidelands Resource Council concerning grants, leases and licenses for State-owned tidelands. Besides having a regulatory function to prevent inappropriate coastal develop- ment, DEP, under the Coastal Management Program, seeks to stimulate wise develop- ment of the coast through its Local Coastal Grant Program. Under this program, DEP has passed through up to 10 percent of its Federal grants to local governments for -planning and feasibility studies. Studies have been completed or are underway for development of waterfront parks and walkways, waterfront business district revital- ization, dune restoration, and location of fish processing facilities. DEP also uses the Coastal Resource and Development Policies of the Coastal Management Program as guidelines for the following actions: (1) determination of whether Federal activities are consistent with New Jersey's Coastal Management Program, (2) review of DEP financial assistance to local governments, (3) review of DEP management actions affecting the coast, and (4) review of DEP planning actions affecting the coast. 52 DEP wi-ll continue to involve coastal residents, workers and visitors in planning for the future of the coastal zone. This involvement takes several forms including listing all pending applications in the DEP Bulletin and pub- lishing The Jersey Coast several times each year to inform interested people of future public meetings, available reports, and coastal planning and regulatory activities. Substantive changes in the Coastal Management Program and its policies will be subject to the notice and hearing requirements of both the Federal and State rule-making process. The Coastal Zone New Jersey's coastal zone extends from the New York border south to Cape May Point and then north to Trenton. It encompasses the waters and waterfronts of the Hudson River, Hackensack River, Passaic River, Raritan River and related tidal water bodies south to the Raritan Bay, the Atlantic Ocean and related back bay systems, Delaware Bay and adjacent shorelands, and the waterfront of the Delaware River and related tributaries. The coastal zone encompasses all areas in which the State, through DEP's Division of Coastal Resources or the H-ackensack Meadowlands Development Commission, has regulatory authority under the Coastal Area Facility Review Act (CAFRA), the Wetlands Act, the Waterfront Development Law, or Tidelands statutes, or the Hacken- sack Meadowlands Reclamation and Development Act (see Figure 1). What is the Division of Coastal Resources? The Division of Coastal Resources is the branch of DEP with responsibility for implementing the Coastal Management Program. DEP's Division of Coastal Resources is made up of an Office of Administration and five bureaus: the Bureaus of Coastal Project Review, Coastal Planning and Development, Coastal Enforcement and Field Services, Tidelands, and Coastal Engineering. Coastal Project Review The Bureau of Coastal Project Review reviews all permit applications to assure compliance with the Waterfront Development Law, Coastal Area Facility Review Act, and Wetlands Act. Projects are reviewed for a wide variety of environmental, social, and economic impacts and must be consistent with the Coastal Resource and Development Policies of the New Jersey Coastal Management Program. Coastal Planning and Development The Bureau of Coastal Planning and Development serves as a planning and management agency which refines and updates the Coastal Management Program. The Bureau administers studies which will lead to improvements in -coastal policies, determines whether federal activities affecting the coastal zone are consistent with the Coastal Management Program, administers the Local Coastal Grant Program, and provides planning support for the other four bureaus of the Division. Coastal Enforcement and Field Services The Bureau of Coastal Enforcement and Field Services provides an inspection team to support the functions of the Bureaus of Tidelands and Coastal Project Review. This Bureau inspects for illegal development, enforces permit decisions, and assists potential permit applicants. During 1981, the Bureau conducted over 700 inspections and reinspections of construction sites where a permit had not been obtained prior to development. 174 violations were detected. Also during 1981, the Bureau inspected 1,540 coastal sites for which permits were obtained. Thirty- nine violations of approved permits were detected for an annual total of 213 violations. During 1981, 218 violations, including backlogged cases, were resolv- ed, 152 by application and 66 by removing the violation. The Bureau is responsible for determining if a particular project will require a permit and aids applicants in revising those portions of a project that are inconsistent with coastal policies. Over 1500 such determinations and inspections were made in 1981. Tidelands The Bureau of Tidelands serves as staff to the Tidelands Resource Council and reviews all applications for grants, leases and licenses of State-owned tidelands. In the event that a site proposed for development includes State-owned tide- lands for which no Tidelands conveyance has been issued, the applicant must apply to the Tidelands Resource Council for a grant, lease or license as well as applying for the required coastal permit. Coastal Engineering The Bureau of Coastal Engineering plans and designs shore protection projects and conducts waterway dredging and maintenance and oversees implementation of the State's Shore Protection Master Plan. 54