N.J. Admin. Code § 7:7-1.2 - Scope
(a) This chapter shall apply to actions and
decisions by the Department, as described at (d) through (h) below, on uses and
development of coastal resources within or affecting the coastal zone, which is
described at (b) below.
(b) This
chapter shall apply geographically to the New Jersey coastal zone, which
comprises:
1. The CAFRA area;
2. Coastal waters, which are any tidal waters
of the State and all lands lying thereunder. Coastal waters of the State of New
Jersey extend from the mean high water line out to the three-geographical-mile
limit of the New Jersey territorial sea, and elsewhere to the interstate
boundaries of the States of New York, and Delaware and the Commonwealth of
Pennsylvania, except as provided at (c) below;
3. All lands outside of the CAFRA area
extending from the mean high water line of a tidal water body to the first
paved public road, railroad, or surveyable property line existing on September
26, 1980, generally parallel to the waterway, provided that the landward
boundary of the upland area shall be no less than 100 feet and no more than 500
feet from the mean high water line;
4. All areas containing tidal wetlands;
and
5. The Hackensack Meadowlands
District as defined by
13:17-4.
(c) In accordance with the decree of the
United States Supreme Court in State of New Jersey v. State of
Delaware, 552 U.S. 597, 623-24 (2008), the State of
New Jersey may, under its laws, grant and thereafter exercise governing
authority over ordinary and usual riparian rights for the construction,
maintenance, and use of wharves and other riparian improvements appurtenant to
the eastern shore of the Delaware River within the 12-mile circle and extending
outshore of the low-water mark. The 12-mile circle is the circle the radius of
which is 12 miles, and the center of which is the building used prior to 1881
as the courthouse at New Castle, Delaware, the arcs of which are as set forth
in the decree of the United States Supreme Court in New Jersey v.
Delaware, 295 U.S. 694 (1935).
1. The State of Delaware may, under its laws
and subject to New Jersey's authority over riparian rights as stated at (c)
above, exercise governing authority over the construction, maintenance, and use
of those same wharves and other improvements appurtenant to the eastern shore
of the Delaware River within the 12-mile circle and extending outshore of the
low-water mark, to the extent that they exceed ordinary and usual riparian
uses.
(d) This chapter
shall apply to all coastal permits.
(e) This chapter shall apply to decisions on
the consistency or compatibility of proposed actions by Federal, State, and
local agencies within or affecting the coastal zone, including, but not limited
to Federal consistency determinations, determinations of consistency or
compatibility under the Federal Coastal Zone Management Act, comments on Draft
and Final Environmental Impact Statements prepared under the National
Environmental Policy Act,
42 U.S.C. §§
4321 et seq., and comments on other public
and private plans, programs, projects, and policies. This chapter shall also
apply to decisions on proposed activities that require a water quality
certificate. Requests for water quality certificates shall also be reviewed in
accordance with all applicable statutes and regulations administered by the
Department including the Surface Water Quality Standards, N.J.A.C. 7:9B.
1. An activity requiring a Federal
consistency determination may also require a coastal permit. In this instance,
the coastal permit is the Federal consistency determination.
2. An activity requiring a water quality
certificate may also require a coastal permit. In this instance, the coastal
permit will include the water quality certificate.
3. A water quality certificate not issued in
conjunction with a coastal permit shall be valid for five years from the date
of issuance or for the duration of the underlying Federal permit (without
renewals), whichever period is shorter.
4. A Federal consistency determination or a
water quality certificate issued in conjunction with an authorization under a
coastal general permit-by-certification or a general permit shall be valid for
the duration of that authorization.
5. A Federal consistency determination issued
in conjunction with an individual coastal permit shall be valid for the
duration of that individual permit.
(f) This chapter shall apply to State aid
financial assistance decisions by the Department under the Shore Protection
Program and Green Acres Program within the coastal zone, to the extent
permissible under existing statutes and regulations.
(g) This chapter shall apply, to the extent
statutorily permissible, to Department management actions, including permit
decisions, approvals, certifications, conveyances, and compliance activities,
in or affecting the coastal zone.
(h) This chapter shall provide the basic
policy direction for planning actions undertaken by the Department in the
coastal zone as the lead state agency for Coastal Management under Section 306
of the Federal Coastal Zone Management Act.
Notes
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