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(C- C;@ NEW JERSEY COASTAL MANAGEMENT PROGRAM AUGUST 1980 FINAL ENVIRONMENTAL IMPACT STATEMENT U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Office of Coastal Zone Management I wrr,,b^ft -y kw@ J., -44 Z, 7,r: nA it' pg@ Nftm Wei --4 V*4A, DEPARTMENT OF ENVIRON-MENTAL PROTECTION Brendan Byrne Jerry Fitzgerald English !@D Governor Commissioner ]be New Jersey Coastal Management Program and Final Environmental Impact Statement Was prepared in part with financial assistance from the National Oceanic and Atmospheric Administration, Office of Coastal Zone Management, under the provisions of Section 305 of the federal Coastal Zone Management Act (P.L. 92-583, as amended). Cover photo by David N. Kinsey NEW JERSEY COASTAL MANAGEMENT PROGRAM AND FINAL ENVIRONMENTAL IMPACT STATEMENT August 1980 Property of CSC Library IMENT OF COMMERCE NOAA Cr)A AL SERVICES CENTER x2-31 ISIOUTH HOBSON AVENUE CHARLESTON, SC 29405-2413 Prepared by: State of New Jersey U.S. Department of Commerce Department of Environmental Protection National Oceanic and Atmospheric Division of Coastal Resources Administration Bureau of Coastal Planning and Development office of Coastal Zone Management P.O. Box 1889 3300 Whitehaven Street, N.W. Trenton, New Jersey 08625 Washington, D.C. 20235 7- STATIE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF THE COMMISSIONER P. 0. BOX 1390 TRENTON, N. J. 06625 609-292-2885 July 31, 1980 Dear Friend of the Coast: I am proud to submit to you the New Jersey Coastal Management Program and final Environmental Impact Statement. Approval of this document completes the review process under Section 306 of the Federal Coastal Zone Management Act. This program is based upon our experience administering the Coastal Management Program approved by the National Oceanic and Atmospheric Administration for the Bay and Ocean Shore Segment in September 1978, and six years of coastal management and planning. The program provides the substantive framework for Governor Byrne's Riverlands Renaissance Program, while also enabling New Jersey to continue balancing the many coastal interests and pressures to both protect sensitive resources and promote necessary development. New Jersey has already demonstrated that these two objectives need not be mutually exclusive. The Department of Environmental Protection (DEP), as New Jersey's lead coastal agency, will continue to prepare publications and to hold public hearing and workshops throughout the state with a wide range of federal, state and local agencies, interest groups and citizens so that this Coastal management Program is understood and fully used. In addition,-I am committed to reviewing the Coastal Resource and Development Policies at least once each year to make necessary revisions and additions. while federal approval of this coastal management program is a major accomplishment, it by no means concludes our coastal work. Rather, it provides a detailed framework through which we can all focus our efforts to address the range of crucial and complex coastal issues facing New Jersey. I look forward to working w you 1' this effort. c R Fi RALD ENGLIS omiss' e you 1. nc 0 @R T I mi4 ss DESIGNATION: Final Environmental Impact Statement TITLE: Proposed Federal Approval of the New Jersey Coastal Management Program ABSTRACT: The State of New Jersey has submitted its Coastal Management Program to the Office of Coastal Zone Management for approval. Approval would permit implementation of the proposed Program, allow program administration grants to be awarded to the State, and require that federal actions be consistent with the Pro- gram. This impact statement includes a copy of the Program (Part II) which is a comprehensive management program for land and water use activities. It consists of numerous policies on diverse management issues which are enforced by various state laws, discusses areas of special interest to the State, and is the culmination of several years of program development. Approval and implementation of the Program will enhance gov- ernance of the state's coastal land and water areas and uses according to the coastal policies and standards. The effect of these policies is to condition, restrict or prohibit some uses in parts of the coastal zone, while encourag ing development and other uses in other parts. This Program will improve decision- making processes for determining appropriate coastal land and water uses in light of resource considerations and increase public awareness of coastal resources. The Program may result in some short-term economic impacts on coastal users but will lead to increased long-term protection of the state's coastal resources. Alternatives include delaying or denying approval if certain requirements of the Coastal Zone Management Act have not been met, or the State could modify parts of the Program or withdraw or delay their application for Federal approval. APPLICANT: New Jersey Department of Environmental Protection, Division of Coastal Resources, Bureau of Coastal Planning and Development LEAD AGENCY: U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Office of Coastal Zone Management CONTACT: Ms. Kathryn Cousins North Atlantic Regional Manager Office of Coastal Zone Management 3300 Whitehaven Road, N.W. Washington, D.C. 20235 (Tele. 202/634m-4126) COMMENTS: Comment period on the Draft Environmental Impact Statement ended July 7, 1980. NEW JERSEY COASTAL MANAGEMENT PROGRAM AND FINAL ENVIRONMENTAL IMPACT STATEMENT Commissioner's Letter Note to Reader/NEPA Summary Table of Contents PAGE PART I - SUMMARY Program Summary 1 Changes Program Will Make 5 Major Issues, Opportunities, and Areas of Conflict 7 Major Conclusions 10 Federal Coastal Zone Management Act 13 PART II - DESCRIPTION OF THE NEW JERSEY COASTAL MANAGEMENT PROGRAM Governor's Letter 15 Chapter One: INTRODUCTION 17 Chapter Two: BOUNDARY 19 Introduction and Summary 19 Inland Boundary 19 Seaward and Interstate Boundary 20 Chapter Three: MANAGEMENT SYSTEM 23 Introduction and Summary 24 Administrative Framework - Department of Environmental Protection 2 5 Principal Implementation Programs 31 Introduction Waterfront Development Law Coastal Area Facility Review Act Wetlands Act Tidelands Management Hackensack Meadowlands Development Commission Department of Energy Green Acres Funding Shore Protection Coastal Program Funding Supplementary Programs in DEP 46 Water Quality Program NPDES Permits Areawide Water Quality Management (208) Plans Wastewater Treatment Facilities: Regulation and Funding TABLE OF CONTENTS - Cont. PAGE Stream Encroachment and Flood Hazards Wild and Scenic Rivers Delaware and Raritan Canal State Park Regulation of State Owned Lands Air Quality Regulation Solid Waste Harbor Clean-Up Other State Agencies 57 Department of Agriculture Department of Community Affairs Department of Labor and Industry Department of Transportation County Land Use Authority 59 Municipal Land Use Authority 60 Regional Land Use Authority 60 Delaware River Area Northern Waterfront Area Federal Agency Authority 64 Public Participation 65 Conflict Resolution - Appeals 66 "Chapter Four: COASTAL RESOURCE AND DEVELOPMENT POLICIES Note to Reader 67 SUBCHAPTER 1 - Introduction SUBCHAPTER 2 - Location Policies SUBCHAPTER 3 - Special Areas SUBCHAPTER 4 - General Water Areas SUBCHAPTER 5 - General Land Areas SUBCHAPTER 6 - General Location Policies SUBCHAPTER 7 - Use Policies SUBCHAPTER 8 - Resource Policies Chapter Five: SPECIAL REQUIREMENTS OF THE FEDERAL COASTAL ZONE MANAGEMENT 241 ACT Introduction 241 Federal Consistency 242 National Interests 261 TABLE OF CONTENTS - Cont. PAGE Regional Benefit Decisions 261 Geographic Areas of Particular Concern 263 Hackensack Meadowlands Development Commission District 2 99 Areas for Preservation and Restoration 284 Energy Facility Planning Process 285 Shoreline Access and Protection Planning Process 292 Shoreline Erosion Mitigation Planning Process 301 Chapter Six: NEXT STEPS IN COASTAL MANAGEMENT IN NEW JERSEY 3 07 PART III - DESCRIPTION OF THE NEW JERSEY COASTAL ZONE - AFFECTED ENVIRONMENT-310 Introduction 310 Delineating the Boundary 310 Municipalities Within the Coastal Zone 314 Description and Visions of the Coastal Zone 3 19 Northern Waterfront Area Bay and Ocean Shore Area Delaware River Area PART IV - ENVIRONMENTAL, ECONOMIC AND INSTITUTIONAL CONSEQUENCES OF FEDERAL APPROVAL 337 Introduction 332 Direct Effects - Environmental Consequences 332 Environmental Consequences Economic Consequences Institutional Consequences Possible Conflicts Between Coastal Program and the Plans or 337 Policies of Local Governments, Regional and Insterstate Agencies Introduction Local Governments Regional and Interstate Agencies PART V - ALTERNATIVES TO THE PROPOSED ACTION 3 57 APPENDICES A. The Coastal Planning Process 362 B. Excluded Federal Lands 370 C. Memorandum of Understanding Between DEP and DOE 372 D. Proposed Waterfront Development Rules and Attorney General's Opinion 378 E. Legal Authorities 390 iv TABLE OF CONTENTS - Cont. PAGE F. Legal Commentary 406 G. Secretarial Findings Index 41.4 H. Comments and Responses on Proposed NJCMP and DEIS (Ma y 1980) 417 I. Glossary J. List of Preparers of New Jersey Coastal Management Program and Final EIS FIGURES 1. New Jersey Coastal Zone - Map 2 2. New Jersey Coastal Zone - Boundary Sketch 2 1 3. Department of Environmental Protection Organizational Chart 26 4. Division of Coastal Resources Organizational Chart 5. Jurisdiction of Proposed Rule for Waterfront Development Law - 33 Concept Sketch and Sample Map 6. Wetlands and Waterfront (Riparian) Development Permit Application 3 5 Processes 7. CAFRA Inland Boundary 36 8. CAFRA Permit Application Process 38 9. Bay and Ocean Shore Area Coastal Permit Jurisdiction 40 10. Tidelands Application Process 4 1 11. Delaware and Raritan Canal State Park Overlap with Proposed Coastal 52 Zone 12. Overlap Between Delaware River Basin Commission Jurisdiction and 62 Proposed Coastal Zone 13. Special Water's Edge Types - Mainland 94 14. Special Water's Edge Types - Barrier Island 95 15. Existing Lagoon Edge 97 16. Beach and Dune System 101 17. Coastal Bluffs 112 18. Intermittent Stream Corridor 114 v TABLE OF CONTENTS - Cont. PAGE 19. Pinelands Jurisdictions 125 20. HMDC Location and Boundary 128 21. Water Area Policy Summary Table 132 22. Water Body Types 133 23. Growth Regions of the Coastal Zone 153 24. Infill Diagram 159 25. Acceptable Intensity of Development 163 26. OCS Oil and Gas Leasing Areas 186 27. Pine Barrens Exclusion Area 191 28. Flood Hazard Areas 236 29. Geographic Areas of Particular Concern 264 30. Higbee Beach GAPC 266 31. HMDC Location and Boundary (Same as Figure 20) 270 32. HMDC Approval Process for Subdivisions Outside of SPA 273 33. HMDC Approval Process for SPA and Planned Unit Developments 274 34. HKDC Zoning Map 277 35. HMDC Land Use, Present and Projected 279 36. HMDC Wetland Biozones 280 37. Energy Facilities and their Major Impacts 286 38. New Jersey Coastal Zone (Same as Figure 1) 312 39. Municipal Government Policies 338 40. Potential Regional Government Conflicts 356 41. Major Excluded Federal Lands 371 42. Jurisdiction of Rules for Waterfront Development Law 379 Sketch and Sample Map (same as Figure 5) vi SUMMARY T I A PART I - SUMMARY Program Summary Program History Changes Program Will Make Outside of the Bay and Ocean Shore Segment In the Bay and Ocean Shore Segment integration of the Two Segments Major Issues and Opportunities Major Conclusions - Basic Coastal Policies Federal Coastal Zone Management Act Program Summary The New Jersey Coastal Management Program has been prepared to determine and describe New Jerseyrs -strategy to manage the tuture protection and development of the coast. The State of New Jersey is seeking approval of the Program by the U. S. Department of Commerce to obtain the benefits of the federal Coastal Zone Manage- ment Act, which will aid State efforts to manage the often conflicting pressures facing the coast. This document serves as a combined Coastal Management Program and as a Final Environmental Impact Statement, because federal approval of a state coastal management program is considered a 11maj'or action" requiring an environmental impact statement under the National Environmental Policy Act (NEPA). The New Jersey Department of Environmental Protection, Division of Coastal Resources (DEP-DCR) is preparing the Coastal Management Program in part with funding provided by the National Oceanic and Atmospheric Admrnistration, Office of Coastal Zone Manage- ment (NOAA-OCZM). ,New Jersey, along with other coastal states, is using the federal Coastal Zone Management Act of 1972, as amended, to prepare a program intended to promote the wise use of its coastal areas. The Governor has assigned this responsibility to the New Jersey Department of Environmental Protection (DEP). The New Jersey program was developed in two parts. The first part, called the Bay and Ocean Shore Segment, begins at the Cheesequake Creek in Middlesex County, and includes the area south of Sandy Hook to the tip of Cape May and then, north along the Delaware Bay to near the Delaware Memorial Bridge. The Coastal Management Program for this area received federal approval on September 29, 1978. This Coastal Management Program and Final Environmental Impact Statement addresses New Jersey's entire coastal zone. it integrates the Coastal Management Program approved for New Jersey's Bay and Ocean Shore Segment by NOAA, with proposals for New Jersey's other tidally influenced waterfront areas in,the northeastern part of the State along the Hudson River and related waters, and in the Hackensack Meadowlands, and in the southwestern part of the State along the Delaware River and its tributaries. These areas have been referred to as the "Developed Coast", a term which does not fully connote their diversity. While the coastal management program is designed to recognize regional as well as site specific differences, this document will avoid use of the phrase "Developed Coast", referring instead to the "Bay and Ocean Shore area", "Delaware River Area", "Northern Waterfront Area", and "Hackensack Meadowlands", the specific counties, municipalities or water bodies of concern, or to "the coastal areas outside of the Bay and Ocean Shore Segment" (See Figure 1). Figure I NEW JERSEY HACKENSACK MEADOWLANDS COASTAL SUSSEX DISTRICT ZONE /,PA13SAIC BERGEN MORR@S WARREN @ESSEX NORTHERN WATERFRONT HACKENSACK UNION AREA MEADOWLANDS '-@SOMERSET DISTRICT "UNTERDON 1. SAY AND,OCEAN ....... SHORE AREA j IDDLESEX MONMOUTH MERCER DELAWARE RIVER OCEAN AREA BAY AND OCEAN BURL GTON SHOFLE AREA A.,@,CAMDEX SALFM ATLANTIC M91MAND .. ......... CAPE M $1.1E OF NEW 111101111%4r OF warfcMN 2- This document defines and explains the Coastal Resource and Development Policies and the management system the New Jersey Department of Environmental Protection, the New Jersey Department of Energy (NJDOE), and the Hackensack Meadow- lands Development Commission (HMDC) will use in managing activities in this Coastal Program. The Coastal Policies are divided into three groups: (1) Location Policies evaluate specific types of coastal locations, such as wetlands and prime farm land; (2) Use Policies are directed at different uses of the coastal zone, such as housing and energy facility development; and (3) Resource Policies focus on controlling the effects of development, such as water runoff and soil erosion, and on the protection of natural and cultural resources. The use of these three groups of policies to evaluate a proposed development is termed use of the Coastal Loca- tion Acceptability Method (CLAM). The Coastal Management Program will be implemented through existing laws and agencies. The principal legal authority will be the coordinated use of the Coastal Area Facility Review Act (CAFRA), Wetlands, and Waterfront Development permit programs, shore protection program I, tidelands management program, the regulatory activities of the Department of Energy and the Hackensack Meadowlands Development Commission, and the funding programs available under the federal Coastal Zone Management Act and through the New Jersey Green Acres Administration. Program History New Jersey's interest in its tidal waters precedes the American Revolution, for under the public trust doctrine of English common law, tidal waters and the lands thereunder belonged to the sovereign for the common use of all the people. With the Revolution, the royal rights to the State's tidelands became vested in the people of New Jersey. In 1821, the State Supreme Court in Arnold v. Mundy (6 N.J.L. 1) articulated the State's right to convey, regulate, improve and secure the tidelands for the common benefit of every individual citizen, but also determined that neither the State nor the purchaser or licensee of tidelands could impair the public's common rights of fishing and navigation in tidal waters. In 1869, the General Riparian Act was passed setting forth the procedure by which an administra- tive agency, then the Riparian Commissioners, could alienate State-owned tidelands. Subsequent State Supreme Court decisions have declared that because tidal lands are held in public trust, the State must consider the broad public interest and must receive adequate compensation for these lands. In 1914, the State Legislature showed its first interest in regulating the land areas along tidal waters when it passed the Waterfront Development Law. The Law requires that prospective developers obtain State agency approval for "all plans for the development of any water-front upon any navigable water or stream of this State or bounding thereon ..." (N.J.S.A. 12:5-3). The next major law affecting the State's coastal area was the Hackensack Meadowlands Reclamation and Development Act passed 55 years later -in 1969. To ensure the orderly development of the Meadowlands District, the law created the Hackensack Meadowlands Development Commission, provided it with authority to regulate all forms of development within the District, and instructed it to develop a master plan for the District. 3 Concern about the environment of the State's coastal zone was reflected in the Wetlands Act of 1970. The Wetlands Act delegated authority to the newly created Department of Environmental Protection to delineate and regulate development in all coastal wetlands of the State 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) giving DEP authority to regulate major development in the Bay and Ocean Shore Segment of the coastal zone to preserve environmentally sensitive sites and ensure a rational pattern of development, and also requiring the Department to prepare a strategy for the management area by September, 1977. In 1972, the U.S. Congress passed the Coastal Zone Management Act, declaring a national interest in the effective management, beneficial use, protection and development of the coastal zone, and encouraging and assisting the states 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 has been working since 1974 to prepare and obtain federal approval for a statewide coastal management program. Because DEP, under CAFRA, had already prepared a coastal management strategy for the Bay and Ocean Shore area in 1977, DEP elected to seek federal approval of this segment first, and to then complete the boundary, policy and management system suitable for the remainder of the State's coastal zone. Between 1974 and 1978, the Department collected data and viewpoints, and met with interested groups throughout the State, which provided a foundation for the coastal management program for the segment and for the rest of the State. One end result was a comprehensive set of Coastal Resource and Development Policies to be used by the Department to ensure consistent and predictable permit decision-making in the coastal zone. These were adopted as Departmental rules effective September 28, 1978 and the Coastal Management Program for the Bay and Ocean Shore Segment received federal approval the next day. The first step toward continuing the coastal management program into the more developed portions of the State was publication of Options for New Jersey's Developed Coast in March 1979. In the report, DEP candidly discussed the opportu- nities aFT-773-1ces available to New Jersey under the federal Coastal Zone Manage- ment Act, with a particular emphasis on the state's more developed coastal areas. This report served as a basis for public comment and discussion in the Spring and early Summer of 1979. Publication of the Proposed New Jersey Coastal Management Program and Draft EIS was the second step. The third step was the public review and comment on it and on the Options report. DEP staff met with, and received comments from many residents and people representing federal, state, county and municipal elected representativ es and agencies, regional planning groups, and interest groups with environmental, civic, residential, industrial development, and other concerns. In addition, NJDEP and NOAA-OCZM jointly held four formal public hearings, on the State's proposed coastal management program on June 11 and 12 in Camden, Jersey City, Toms River and Trenton. 4 NJDEP and NOAA-OCZM used the public comments to refine and, where neces- sary, rewrite the State's proposed coastal management program. This was the fourth and final step in the coastal program completion process. The product of this effort is this coastal management program and final environmental impact statement, which the Governor is submitting to NOAA-OCZM for federal approval. Changes the Program Will Make Federal approval of the New Jersey Coastal Management Program will not cause any dramatic immediate effects. Rather, the changes that wirT -occur stem from the beginning of concerted coastal planning in New Jersey in the early 19701s, and will be realized gradually as the results of that planning are accepted and applied. A description of the proposed coastal zone as it is today and as it will become through implementation of a Coastal Management Program may be found in Part III. Federal approval is a major step toward the acceptance of the state's coastal planning activities which will help accelerate those changes which have begun in recent years. Three general areas of change are being produced by the coastal program. In each case, these changes have already been brought about in the Bay and Ocean Shore Segment of the coast and will be realized in the remainder of the coastal zone with implementation of a Coastal Management Program. The first change caused by the proposed coastal management program is improved procedures for coastal land and water use decision-making. The adoption of the Coastal Resource and Development Policies as administrative rules will result in greater predictability of DEP coastal decisions. These rules substitute publicly debated and refined written policies for case-by-case decision making. The largely federally funded coastal planning effort has enabled New Jersey to employ a professional coastal planning staff for the past five years which has been able to incorporate new, as well as previously underused, information into State coastal policies. In some cases, the policies codify what had become administrative practice, while in others they will result in different decisions. The major change caused by these policies will be better use of New Jersey's coastal resources. The policies are summarized at the end of this Chapter and presented in full in Chapter Three. In addition, DEP has adopted procedural rules for CAFRA and the Wetlands Act, established innovations such as the pre-application conference, and most recently reorganized the former Division of Marine Services into a Division of Coastal Resources, with a single permit office (instead of three) and increased monitoring and enforcement capabilities. These actions, coupled with the Legisla- ture's enactment of the "90 Day Construction Permit Law", are creating a regulatory process in which developers and others can make their own plans on the basis of binding, and increasingly predictable, beneficial and efficient policies and procedures. The second change caused by the coastal management program will be the avail- ability of increased funding in New Jersey for coastal management. The State is currently receiving $800,000 a year to implement the coastal program in the Bay and Ocean Shore Segment. Upon Federal approval of New Jersey's statewide program, the State will then become eligible to receive an estimated fourteen-month grant of $2.1 million to implement the coastal program, and an estimated $1.8 million in grants and $4 million in credit assistance under the federal Coastal Energy Impact 5 Program. Part of the program implementation grant New Jersey receives will be used to administer the State's coastal permit programs and to increase the Department's monitoring and enforcement of coastal activities and decisions. The funds will also be used for research projects and continued planning to refine the Coastal Resource and Development Policies as necessary and to focus on additional issues and information which could improve the state's coastal management program. In addition, DEP intends to use part of the grant to initiate or promote specific state, county or municipal projects which would help further the Coastal Resource and Development Policies described in Chapter Four. Thus, a municipality could apply to DEP for funding to conduct a planning study for a specific project which would increase recreational, commercial, or industrial use of the waterfront in a manner consistent with the State's coastal policies. DEP expects that these small grants will be used in conjunction with funds available from the CEIP program administered by the Department of Energy. These planning funds are intended as ,seed money to enable local governments to obtain larger implementation grants from other State, federal and private funding sources. Federal approval of the state- wide program will extend these benefits to 244 municipalities in seventeen counties. Lastly, the coastal management program is bringing increased public focus on the coast. This is the change which makes other more specific changes possible. As people become more aware of the resources of the coast, and of the problems and opportunities the resources present, they become willing to devote more attention, support and money to various coastal issues. Issues such as public access to the waterfront, high rise construction, energy facility siting, and the use of urban waterfronts have all been subject to recent public discussion and debate. The Coastal Management Program has certainly not been the only cause of this concern, but it has sponsored, and will continue to promote, educational programs and publications, research, pilot projects, and revisions to State policies to increase public awareness and use of the coast. Changes the Program will make Outside of the Bay and Ocean Shore Segment Federal approval of a Statewide Coastal Management Program will bring the remainder of the coast the same benefits of consistent and predictable coastal permit decision making, federal funding for planning and permitting, and increased public awareness to coastal issues that is now enjoyed in the Bay and Ocean Shore Segment. In addition, completion of the management program beyond the Bay and Ocean Shore Segment will entail a defining of DEP's jurisdiction under the Waterfront Development Law. This law gives the Department authority to regulate construction in the navigable waters of the State and the adjacent "waterfront". The inland extent of the "waterfront" has never been defined formally in the sixty-five year history of this law. Based upon its legislative history, the Department (with the agreement to the Attorney General) has decided that a boundary ranging from 100 to 500 feet inland of mean high water is consistent with the intent of the legisla- tion. This change will be accomplished through the adoption of an administrative rule which will take effect September 26, 1980. This rule will entrust DEP with project review responsibility over all upland development along a narrow strip of land along coastal waters in the Delaware River Area and Northern Waterfront Area. It would cause no change in the CAFRA area. This proposal is not an extension of the CAFRA boundary. It is discussed in detail in Part II, Chapter Two, and the text of the proposed rule is included in Appendix D. 6 In the Hackensack Meadowlands District, the Coastal Management Program will not replace the adopted Meadowlands District Master Plan and associated policy documents as the guiding policies for the District. What the program will do is bring about closer coordination between the HKDC and the Department, provide federal funds to improve planning and program implementation in the District, and bring greater public awareness to the coastal resources of the Meadowlands District. Changes the Program will make in the Bay and Ocean Shore Segment The Coastal Management Program for the Bay and Ocean Shore Segment is in place and has received federal approval. Continuation of the program into the remainder of the State's coastal zone will have little impact on the Bay and Ocean Shore Segment. The one change that will be made is that the Coastal Resource and Devel- opment Policies will be amended to make them applicable statewide. There are some substantive changes in the policies affecting the Bay and Ocean Shore Segment. These changes - were suggested by staff planning activities, public comment and project review experience, which would be deemed advisable even if the Coastal Management Program,were not being extended beyond the Segment. The changes are included in the amended rules on Coastal Resource and Development Policies found in Chapter Four of Part II which will take effect September 26, 1980. Integration of the Two Segments Upon federal approval of a statewide coastal management program there will no longer be any distinction between the Bay and Ocean Shore Segment and the re 'mainder of the coastal zone, except that the Segment will be a wider zone in which CAFRA is the principal regulatory authority. The Coastal Resource and Development Policies will be a unified set of policies to guide Departmental policies throughout the statewide coastal zone. The policies will, however, recognize site specific and regional differences., and will be more restrictive of new development in land areas in certain "limited growth" regions, all of which are in the Bay and Ocean Shore Area, than in "extension" or "development" regions, which are located both within and without the segment. In the Hackensack Meadowlands District, development will be regulated by the Hackensack Meadowlands Development Commission as lead agency, in accordance with its adopted Master Plan Zoning Regulations. The overall result will be a comprehensive state-wide coastal management program in which environmentally sensitive "special areas" receive special protec- tion wherever they are found, but in which the regulation of development in land areas will be most restrictive in the relatively pristine area near the shores of the Mullica River, Great Egg Harbor and Delaware Bay, and least restrictive in urban areas, and in the urban/suburban areas along the Delaware River, in north- eastern New Jersey, and in the Ha 'ckensack Meadowlands District, Planning, funding and permitting will be carried out in a uniform statewide manner, except that different laws will be used to implement coastal objectives in different portions of the coastal zone. Major Issues and Opportunities This section of the Summary describes major coastal issues in New Jersey, including areas of controversy. The conflicting interests and viewpoints held by different groups on coastal issues demand that a meaningful coastal program be 7 controversial, while the complexity of the issues together with the dynamic quality of the coast itself suggest that no coastal program will ever be "complete" in the sense of having resolved all outstanding issues. Sand dunes, power plants, surf clams, and the State's largest cities all share the resources of New Jersey's coast. Over the years numerous competing and often conflicting activities have converged on the Jersey Shore. New Jersey residents and tourists from all regions of the country spend their vacations at the Jersey Shore, which accounts for the vitality of New Jersey's second largest revenue- producing industry, tourism. Boaters, fishermen, divers, young and old enjoy the ocean breezes and salt air. Rapid development of the Shore area to accommodate those seeking relief from hot summers in the city, as well as those desiring permanent residence in a healthy environment, however, has created many competing pressures for the coast's fragile resources. New Jersey's wetlands were disappear- ing rapidly until the passage of the Wetlands Act in 1970. The barrier islands are overbuilt. The shoreline is eroding. Fish and shellfish resources are under intense pressure from recreational, commercial and industrial interests. The energy industry continues to examine the coast for potential sites for energy facilities. How can the New Jersey coast be maintained as a healthy ecosystem and guarded against the depletion of natural resources, while accommodating those resort-oriented and other activities and facilities which belong on the coast? Away from the shore, the New Jersey coast is even more diverse and in demand for a wider range of activities. Despite, and in some cases because of, the more built up nature of the waterfront along the state's rivers and bays, the main- tenance of existing natural areas and the restoration of spoiled areas is of great concern. In addition, the economic revitalization of New Jersey's cities is an increasingly recognized coastal issue, as urban waterfronts are seen to offer opportunities for rejuvenating and creating attractive residential and commercial areas. The more developed areas also support the state's ports and considerable industrial development which contribute to the state and national economy. A need to facilitate and in some cases expand these operations is likely, and will need to be considered in terms of the multiple coastal issues. one of the major issues the Coastal Program addresses is water quality. The water bodies in the coastal area are crucial to the vitality of the coastal ecosystem and the protection of the health and safety of coastal and many inland residents. Proper management can alleviate problems of contaminated ground and surface water, stream turbidity and land and bank erosion. Good water quality is also essential to the fish and shellfishing industry, as well as to sport fishermen and boaters. Recent storms and increased development have contributed to New Jersey's eroding shoreline. Beach restoration and preservation are essential for main- taining New Jersey's thriving tourist industry. Construction along the beach and waterfront areas can also limit public access to the shore. High-rises built in the past have obstructed some panoramic vistas, and some beachfront development has interfered with passive and active coastal recreation. 8 The coast does not just include pristine areas. Many of the once thriving urban waterfronts in New Jersey are now vacant land and unused, poorly maintained docks. Atlantic City and its region faces a unique set of development pressures from casino gambling and offshore oil and gas exploration. Camden, Jersey City, Newark and other cities face more traditional urban problems while possessing greatly underused waterfront areas. Energy is one of the most complex issues facing the entire country. The Jersey coast currently has two operating nuclear plants and four more are under construction. oil and gas exploration off New Jersey's coast is now a reality, and development is stil'i a possibility. New Jersey will have to grapple with the new demands which will be placed on the coast's resources by these activities and associated facilities. Public concern for prudent coastal management reflects a general concern for the quality of life. People want to live in a healthy environment, and provide a healthy environment for all the other living resources which are part of the coastal ecosystem. However, the public often expresses concern over the morass of regulations at all levels of government directed toward management of public goods and resources. Often, the applications, fees, permits and time delays appear to overshadow the intended benefits of a resource management program. Despite the federal and state legislation for coastal management in New Jersey, the coastal program faces several constraints. New Jersey's coastal laws, while progressive by national standards, are not perfect. By relying primarily upon laws passed in 1914, 1968, 1970, 1973 and 1977, the state's coastal management program is faced with both regulatory duplication, so that development proposals may require more than one coastal permit, and regulatory gaps which prevent the State from fully protecting potentially valuable natural resources and develop- ments. DEP has addressed some of those issues through the reorganization of the Division of Coastal Resources. The Coastal Management Program will provide a focus for additional steps in this direction. The result is that New Jersey has adequate legal authority for federal approval of its coastal management program but also faces challenges for future legislative and administrative reform. In addition, the real property tax system has led to inter-municipal rivalry for ratable-producing property. Construction and development often take precedence over concern for open space in some financially hard pressed municipalities. New Jersey's strong tradition of home rule has meant that some municipalities make individual development decisions with little regard for regional impacts, posing severe constraints for the proper management of coastal regions. Also, the actions, or lack of action, of neighboring states can affect New Jersey's coast. Coastal management in New Jersey is a delicate process, balancing fragile and sensitive environmental resources with development essential to the economy of the state. The public wants to work, live, and play, in the coastal zone, as well as to develop, restore and protect the coast. The agenda of coastal zone manage- ment ranges from dredge spoil disposal to rehabilitation of urban neighborhoods, from protection of surf clam beds to preservation of dunes. This requires a program that is dynamic and flexible to change, and, most important, responsive to the concerns of the citizenry, while being sufficiently specific to indicate to public officials and private interests the implications of the program. 9 This Coastal Management Program is a tool for making decisions, but it is not a panacea. It is important to understand that this document is not a detailed, rigid plan indicating only one activity which can or should take place on each site, block, or acre in the coastal zone. New Jersey has deliberately designed a program which accommodates the creativity, interests, and initiative of individual land owners, developers, citizens, and others, and recognizes the State's historic commitment to a strong role for local governments in land use decision-making. The Program, therefore, focuses on coastal resource management decisions with greater than local significance that the Legislature has entrusted to State agencies. The Coastal Program provides enforceable policies to form predictable and consistent decisions which will best manage New Jersey's coast. Major Conclusions - Basic Coastal Policies The major conclusions of the New Jersey Coastal Management Program are sum- marized by eight proposed basic coasZal policies. These policies are recommended objectives for all public and private land and water use decision-making in the coastal zone, and they summarize the direction of the legally binding, specific Coastal Resource and Development Policies included in Chapter Four of the descrip- tion of the New Jersey Coastal Management Program (Part II of this FEIS). 1. Protect and Enhance the Coastal Ecosystem Although severely stressed by centuries of use as a waste disposal area, the estuarine complex in developed coastal areas is showing some signs of recovery under the influence of recent federal and state water quality legislation and resulting waste treatment facility construction. Portions of the Hackensack Meadowlands, for example, are witnessing a return of species absent for many years due to poor water quality. While the industrial and commercial nature of the waterfront together, with high population densities preclude reattainment of the pristine conditions of the distant past, it is not unreasonable to expect that ambient standards set under the Federal Clean Air Act and Federal Clean Water Act can be attained, that certain natural areas can be restored, and that the urban waterfront can once again provide recreational and employment opportunities for area residents. The coastal ecosystem is fragile and special, and is characterized by a combination of beaches and the ocean, tidal and inland wetlands, flood plains, estuarine areas, bays, streams and stream corridors, vegetation communities and wildlife habitats. These natural features make the area a desirable place to visit, which in turn fosters the state's tourist industry. The same features make the coastal region a productive area for agriculture and commercial and recrea- tional fishing. If the ecosystem is not protected, not only will natural resources and processes be harmed, but the economy of the area and of the state will suffer. 2. Concentrate Rather than Disperse the Pattern of Coastal Residential, Commer- cial, Industrial, and Resort Development and Encourage the Preservation .of Open Space The special characteristics of the coast attract many different types of development to an area which is limited in size. The concentration of development is the most efficient way to use this limited space because it allows a large variety of activities to be located in the coastal zone while minimizing conflicts which could occur between activities such as industry and housing if they were 10 located near each other. In addition, the concentration of development can provide large expanses of open space which can, in some areas, be more useful to the public than a similar amount of open space scattered among many small private parcels. The policy to concentrate development does not apply to nuclear generat- ing stations and liquefied natural gas (LNG) facilities. 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 Traditionally, land and water use planning has focused exclusively on environ- mental features which offer disadvantages for development or which should be preserved. Each location, however, can also be evaluated in terms of the advan- tages it offers for development. A site near existing roads, for example, could be developed with less coastal and environmental disturbance than a more isolated site. This policy insures that both types of factors will be considered in decision-making under the Coastal Management Program. 4. Protect the Health, Safety and Welfare of People who Reside, Work and Visit in the Coastal Zone This basic policy is a reminder that people use the coast for different purposes and have different needs and expectations. The quality of human life improves if needed development is built in a manner which respects the natural and built environment. 5. Promote Public Access to the Waterfront Through Linear Walkways and At Least One Watertront Park in Each Watertront Municipality Along much of the waterfront, particularly in developed areas, highways or underutilized private 'property prevent residents from being able to walk, fish or otherwise enjoy the shores of rivers and bays. In some locations, high-rise buildings immediately adjacent to the waterfront block visual access to the water. Discouraging new highways and high-rise buildings adjacent to the waterfront, providing pedestrian bridges over existing highways, publicly purchasing selected waterfront properties, and obtaining easements for public access over other properties can increase the value of the waterfront to the surrounding communities, by making possible linear walkways, bikeways and vita courses along the waterway. The waterfront in much of the coastal zone does provide sites where urban and suburban residents can relax, walk, fish, or play, even in areas where swimming is not currently advisable. The waterfront offers views of boats and shorelines, fresh breezes and a sense of openness not otherwise available in most urban areas. Waterfront parks, by bringing people to the waterfront, also help raise public consciousness about water quality and waterfront use and development. Waterfront parks do not have to be large or elaborate. The success of Liberty State Park in Jersey City has demonstrated that an attractive, green area by the water can attract many people. It has also proved that a park can be extremely beneficial in a location which many believed was unsuited to a park. Nevertheless, for some municipalities, a waterfront park may make little sense due to the lack of an appropriate site or too small a nearby population. The specific policies on recreation, therefore, will exempt such areas from the policy. 6. Maintain Active Port and Industrial Facilities, and Provide for Necessary rx-panslon in Adjacent Sites The proposed New Jersey coastal zone includes thriving port and industrial facilities along both the Northern Waterfront and the Delaware River Areas. The continued vitality of these facilities is important to the state's economy and helps New Jersey contribute to several national interests. 7. Maintain and Upgrade Existing Energy Facilities, and Site Additional Energy Facilities Determined to be Needed by the J. Department of Energy (DOE) in a Manner Consistent with the Poll-c"ies of this Coastal Management Program The Northern Waterfront and Delaware River Areas of the proposed coastal zone contain many of the East Coast's energy facilities for crude oil refining,. petrochemical manufacture and electricity generation. Crude oil refining and petrochemical manufacture serve national needs. Electricity is generated for regional needs. Provided these facilities comply with federal air, water, toxic substance and other applicable regulations, the continued operation and needed expansion of existing petrochemical and oil refining facilities are expected to be acceptable under the New Jersey Coastal Management Program. Electric generating facilities must be in compliance with the same federal standards, and also must be determined to be needed by the N.J. Department of Energy. The New Jersey Department of Energy (DOE) is responsible for determining what new energy facilities are needed in the State. DEP will use the specific policies of the coastal management program to ensure that the facilities determined to be necessary by NJDOE are located on sites where they can operate efficiently without threatening the health or welfare of area residents or natural resources. 8. Encourage Residential, Commercial, and Recreational Mixed-Use Redevelopment of the Developed Waterfront Sections of abandoned and deteriorating waterfront property are suitable for residential, commercial or recreational reuse depending on their location. DEP will aid counties, municipalities, and developers in design of plans and programs to redevelop these lands to more beneficial uses. The waterfront in or near urban areas can be creatively designed and used to accommodate diverse activities which might, at first glance, be considered infeas- ible or incompatible. Waterfront projects will be encouraged which include, for example, housing, public open space and commercial developments such as restaurants and stores. Others have suggested combining industry and ports with recreation and educa- tion. If safely constructed, for example, a bike path could follow the outskirts of an industrial facility to a park, or a public area near a port could be designed to give people a view of the port in action, as the more familiar "nature inter- pretative trails" offer ecological understanding. This Basic Policy is a recognition that developed waterfront areas in New Jersey, because of the views they offer and the large nearby population, provide unique opportunities for nontraditional, as well as traditional, forms of develop- ment and redevelopment. 12 Federal Coastal Zone Management Act (FCZMA) In response to intense pressure, and because of the importance of coastal areas of the United States, Congress passed the Coastal Zone Management Act (P.L. 92-583) which was signed into law on October 27, 1972. The Act authorized a Federal grant-in-aid program to be administered by the Secretary of Commerce, who in turn delegated this responsibility to the National Oceanic and Atmospheric Administration's (NOAA) Office of Coastal Zone Management (OCZM). The Coastal Zone Management Act of 1972 was substantially amended on July 26, 1976 (P.L. 94-370). The Act of the 1976 amendments affirm a national interest in the effective protec- tion and development of the coastal zone by providing assistance and encouragement to coastal states to voluntarily develop and implement rational programs for managing their coastal areas. Broad guidelines and the basic requirements of the CZMA provide the necessary direction to States for developing coastal management programs. These guidelines and requirements for program development and approval are contained in 15 CFR Part 923 as revised and published, March 28, 1979, in the Federal Register. In summary, the requirements for program approval are that a State develop a management program that: (1) Identifies and evaluates those coastal resources recognized in the Act that require management or protection by the State; (2) Re-examines existing policies or develops new policies to manage these resources. These policies must@ be specific, comprehensive and enforce- able, and must provide an adequate degree of predictability as to how coastal resources will be managed; (3) Determines specific uses and special geographic areas that are to be subject to the management program which should be based on resources capability and suitability analyses, socio-economic considerations and public preferences; (4) Identifies the inland and seaward areas subject to the management program; (5) Provides for the consideration of the national interest in the planning for and siting of facilities that meet more than local requirements; and (6) Includes sufficient legal authorities and organizational arrangements to implement the program and to insure conformance to it. In arriving at these substantive aspects of the management program, States are obliged to follow an open process which involves providing information to and considering the interests of the general public, special interest groups, local government, and regional, State, inter-state and Federal agencies. Section 305 of the CZMA authorizes a maximum of four annual grants to develop a coastal management program. After developing a management program, the state may submit it to the Secretary of Commerce for approval pursuant to Section 306 of the CZMA. If approved, the state is then eligible for annual grants under Section 306 to implement its management program. If a program has deficiencies which need to be remedied or has not received approval by the time Section 305 program develop- ment grants have expired, a state may be eligible for preliminary approval funding under Section 305(d). 13 Section 305 of the Act stipulates that Federal agency actions shall be con- sistent, to the maximum extent practicable, with approved State management pro- grams. Section 307 further provides for mediations by- the Secretary of Commerce when a serious disagreement arises between a Federal agency and a coastal State with respect to a Federal Consistency Issue. New Jersey's Department of Environmental 'Protection discusses the purpose of developing a comprehensive program through participation in the Federal Coastal Zone Management Program and its desire to seek approval of its Program under Section 306 of the CZMA in Part I of this document. Approval of the New Jersey Coastal Managem ent Program is considered a major action which significantly affects the quality of the human enviornment. An immediate effect of approval is the qualification of the State for Federal matching funds for use in administering the program. In addition, the CZMA stipulates that Federal activities affecting the coastal zone shall be consistent to the maximum extent practicable with an approved management program. It is the general policy of OCZM to issue a combined final environmental impact statement (FEIS) and program document. Parts III, IV, and V of this FEIS were prepared by OCZM. Parts I and II of this FEIS is a description of the State's program and was prepared by the New Jersey Department of Environmental Protection. For purposes of reviewing the proposed action, the key questions are: - whether the New Jersey Program is consistent with the objectives and poli- cies of the national legislation. - whether the award of Federal funds under Section 306 of the Federal act will help New Jersey to meet those objectives. - whether the State's management authorities are adequate to implement the Program, and - whether there will be a net environmental gain as a result of program approval and implementation. OCZM has made an assessment that the answers to these questions are affirma- tive. OCZM wants the widest possible circulation of this document to all inter- ested agencies and parties. OCZM thanks those participating in the review of the New Jersey Program and this Final Environmental Impact Statement. 14 DESCRIPTION OF THE PROPOSED NEW JERSEY COASTAL MANAGEMENT PRPGRAM Chapter 1: Introduction Chapter 2: Boundary Chapter 3: Management System sx@&-r]E 0.V WMW JBIRSY-y OFFICE: OF TMIE GO-%r]EFZWOI-;.' TIRIF-WTOW o8625 BRENDAN T. BYRNE GOVERNOR Mr. Michael Glazer Assistant Administrator for Coastal Zone Management U.S. Department of Commerce National Oceanic and Atmospheric Administration 3300 Whitehaven Street, N.W. Washington, D.C. 20235 Dear Mr. Glazer: The State of New Jersey submits the New Jersey Coastal Management Program for approval under Section 306 of the Federal Coastal Zone Management Act. This program is the culmination of a six year process during which a wide range of agencies, interest groups and citizens have worked together to identify issues of concern, review draft recommendations and debate public policy on the coast. In the two years since New Jersey received federal approval of the Coastal Management Program for the Bay and Ocean Shore Segment, we have been able to dramatically improve the processes for coastal decision-making as well as the substance of those decisions. We have also learned from administering that ap- proved program and have incorporated our experience this coastal management program for the State's entire coastal zone. In addition, new policies have been added to apply specifically to the more developed areas which are now part of the coastal zone. I have reviewed this document and approved the management program for the New Jersey coastal zone as State policy. Accordingly, I have designated the Department of Environmental Protection as the single State agency to receive and administer implementation grants under Section 306 of the Coastal Zone Management Act. I certify that the State of New Jersey has the legal authority necessary to implement the management program, and that the organizational structure necessary to implement the program is in place. I believe that this coastal management program will enable the wise management of one of New Jersey's greatest assets, the coast. S el 011. GOVERNOR CHAPTER ONE - INTRODUCTION This part of the final environmental impact statement describes the New Jersey Coastal Management Program. This is the heart of the document and the focus of the other parts and of the appendices. Unlike some EIS's, it does not repeat all the information in Part 1, but rather assumes the reader is somewhat familiar with this introductory material. The Department of Environmental Protection (DEP) has prepared the New Jersey Coastal Management Program to protect the state's coastal resources while accommo- dating needed future deve opment. The Program contains the statements of policy which will be followed by DEP in making coastal decisions and which will guide other public and private actions affecting the coast. The Coastal Management Program is also designed to enable New Jersey to meet the requirements, and thereby reap the benefits of the federal Coastal Zone Management Act. These include greater consistency between state and federal actions in the coastal zone, and the provision of federal funds for New Jersey's coastal management efforts. DEP was given responsibilty for preparing and administering the State's coastal management program by the Governor. DEP's enabling legislation, the Coastal Area Facility Review Act (CAFRA), Wetlands Act, Waterfront Development Law, and tidelands and shore protection statutes provide a strong mandate and basis for direct State agency involvement in key decisions involving the coastal region. The Department of Energy Act and the Hackensack Meadowlands Reclamation and Devel- opment Act give some coastal responsibilities to other State agencies, and these are also included in the Coastal Management Program. The Coastal Management Program also contains the standards DEP will use to determine the consistency of actions proposed in the coastal zone by federal, state, and local agencies. New Jersey's coastal policies will be used to determine the consistency with the approved program of federal activities, development projects, licenses, permits, and financial assistance to the State and local governments under Section 307 of the federal Coastal Zone Management Act. The Coastal Program will aid DEP when it is called upon to review federal domestic financial assistance applications under the A-95 Project Notification and Review Process, as well as Environmental Impact Statements prepared under the National Environmental Policy Act. From time to time, DEP is also likely to receive requests for advice or comments on the adequacy or appropriateness of plans and proposals by government agencies and private interests. The Coastal Policies provide a visible basis for offering an informed comment on the consistency of these plans and proposals. State funding decisions that affect coastal resources will also be guided by the Coastal Program. In particular, several important State aid, and direct State financing programs administered. by DEP involve decision-making in the coastal zone: (1) the Green Acres Open Space Acquisition and Outdoor Recreation program of grants to local governments and direct DEP efforts, (2) the Shore Protection program of matching grants to local governments, and (3) the pass through grants DEP will make to local governments with funds available under the federal Coastal Zone Management Act. 17 The strong direct State role does not mean that DEP will regulate every proposed use of coastal resources within the defined coastal zone. Local govern- ments in the coastal zone will continue to be solely responsible for the consider- able amount of land and water use decision-making in the coastal zone which has no regional impact, as defined by State law. New Jersey's coastal management program has three interrelated, basic ele- ments: first, a boundary defining the general geographic scope of the program; second, Coastal Resource and Development Policies defining the standards for making decisions on what activities may take place within the boundary; and third, a management system defining the types of decisions subject to the program, and the process by which those decisions will be made. The Coastal Management Program, a guide to decision-making, resembles a tripod. All three legs, or elements, must be firmly in place for the Program to stand and work. All three elements function together and must be read and understood together, especially because of New Jersey's direct state control approach. For example, if read out of the context of the overall management program, the Coastal Resource and Development Policies could be applied to every land and water use decision in the coastal zone, from the location of a single gas station to a nuclear generating station. That is not the intent here. Rather, the Coastal Resource and Development Policies are to be applied as substantive standards for decision-making for only those selected coastal decisions defined in the management system, particularly CAFRA, Wetlands, and waterfront development permit applica- tions. The Coastal Policies could, however, because of their comprehensive nature, be used to guide other decisions not strictly subject to the New Jersey Coastal Management Program. The heart of the program remains, however, the combination of boundary definition, policy statements, and decision-making processes that in concert spell out New Jersey's approach to managing its coastal resources. This Part of the EIS is presented in six chapters. Chapter Two defines the boundary proposed for the coastal zone. Chapter Three describes the management system which will be used within the boundary to carry out the Coastal Resource and Development Policies. Chapter Four presents the definitions, policies and rationales for the Coastal Resource and Development Policies which describe what should and should not take place in the coastal zone. Chapter Five addresses seven special requirements of the federal Coastal Zone Management Act: Federal Consistency, National Interests, Regional Benefit Deci- sions, Geographic Areas of Particular Concern, Areas for Preservation and Restora- tion, Shoreline Access and Protection Planning, Shoreline Erosion Mitigation Planning Process, and the Energy Facility Planning Process. These sections, for the most part, repeat information in the first four Chapters but in a format which directly addresses the specific federal requirements and which provides greater detail. The proposed inclusion of the Hackensack Meadowlands Development Commis- sion District is discussed in detail in this Chapter at the end of the section on Geographic Areas of Particular Concern. Finally, Chapter Six outlines the next steps in the coastal management process in New Jersey, including public review and comment on this draft coastal management program, preparation of a final program, and activities New Jersey plans to pursue once the program receives federal approval. is CHAPTER TWO - BOUNDARY Summary Inland Boundary Seaward and Interstate Boundaries Summary 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 and related water bodies south to the Raritan Bay, the Atlantic Ocean and some inland areas from Sandy Hook to Cape May, the Delaware Bay and some inland areas, and the waterfront of the Delaware River and related tributaries. The coastal zone encompasses areas in which the State, through the Department of Environmental Protection and the Hackensack Meadowlands Development Commission, ha's the authority to regulate land and water uses that have a significant impact on coastal waters. These authorities include the Coastal Area Facility Review Act (CAFRA), the Wetlands Act, the Waterfront Development Law, Tidelands statutes, and the Hackensack Meadowlands Reclamation and Development Act. Inland Boundary The inland boundary for the portion of the coast from Raritan Bay south to Cape May Point and then north along the Delaware Bay (consisting of parts of Middlesex, Monmouth, Ocean, Burlington, Atlantic, Cape May, Cumberland and Salem Counties), is defined as: the landward boundary of the Coastal Area as defined in the Coastal Area Facility Review Act (CAFRA, N.J.S.A. 13:19-4), or the upper boundary of coastal wetlands located landward of the CAFRA boundary along tidal water courses flowing through the CAFRA area, whichever is more landward, including State-owned tidelands. In the more developed portions of the State (including portions of Salem, Gloucester, Camden, Burlington, Mercer, Middlesex, Somerset, Union, Hudson, Essex, Passaic and Bergen Counties), the coastal zone boundary is defined as: the landward boundary of the State's jurisdiction under the Waterfront Devel- opment Act (N.J.S.A 12:5-3)* or Wetlands Act (N.J.S.A. 13:9A-1), or the landward boundary of State-owned tidelands, whichever extends farthest inland. The definition of the inland jurisdictional boundary of the Waterfront Develop- ment Law is: the first public road, railroad right-of-way, or property line generally parallel to any navigable waterway, but in no case more than 500 feet or less than 100 feet inland from mean high water. 19 This boundary (discussed below in "Principal Program Authorities") ensures that the State will regulate at least the first 100 feet inland from all tidal waters. The State will consider all land within 500 feet of tidal water to be within this boundary unless demonstrated otherwise. This represents a substantial reduction from the coastal zone boundary DEP proposed in several publications between December 1976 and March 1979, which would have extended the coastal zone inland to the first road or railroad, regardless of its distance from the water (See Appendix B). The boundary of the Hackensack Meadowlands region is defined as: the boundary of the area defined as the Hackensack Meadowlands District by the Hackensack Meadowlands Reclamation and Development Act. (N.J.S.A. 13:17-4) A generalized map of the Statewide Coastal Zone Boundary is shown in Figure I in Part. I of this document, and Figure 2 is a sketch of the boundary in different parts of the State. The boundary encompasses approximately 1,792 miles of tidal coastline, includ- ing 126 miles along the Atlantic Oceanfront from Sandy Hook to Cape May. It ranges in width from one hundred feet to twenty-four miles (near Batsto and the Mullica River, in Burlington County). The total land area of the Bay and Shore region is approximately 1,376 square miles or 17 percent of New Jersey's land area. Research indicates that there has been a rising trend in the level of the ocean, relative* to coastal land, along the northern East Coast of the United States. Hicks data places the rise at about 8 inches between the 1890s and 1970. If this trend continues, tidal waters will penetrate further up the State's coastal rivers. Should this change become significant, the coastal zone boundary and the area under the jurisidiction of the Waterfront Development Law, will be redelineated accordingly. Seaward and Interstate Boundaries The seaward boundary of the coastal zone is the three nautical mile limit of the United States Territorial Sea, and the interstate boundaries of the States of New York and Delaware and the Commonwealth of Pennsylvania. In most of Salem County, the Delaware-New Jersey State boundary is the mean low water line on the eastern (New Jersey) shore of the Delaware River. The New Jersey and Delaware Coastal Management agencies have discussed this issue and have concluded that any New Jersey project extending beyond mean low water must obtain coastal permits from both states. New Jersey and Delaware, therefore, will coordinate reviews of any proposed development that would span the interstate boundary to ensure that no development is constructed unless it would be consistent with both state coastal management programs. S.D. Hicks, "As the Oceans Rise", National Ocean Survey, NOAA, Vol. 2, No. 2, pp. 22-24, 1972. 20 Figure 2 NEW JERSEY COASTAL ZONE BOUNDARY SKETCH 2. NORTMICNI WA-rf%FR0t-fr 66MCIZALIVED CIL @OUMDAIZJ I-IALKENSAtk MEAbOWLANbS UNERAU-Lcr.) C'l- ?,c)L)NpAoq LIKI w MEA'Dow I-ANb, -,Vr;,LoP@AF-M Of ?"N t4c-W VORK HAWMACK tivElt ,t P-t 5,j-rA P-4 tAgAoow LAMO DELAWAF.9 RIVER ARGA oil-MICT 11" 6Et49eA(LIl.GD CZ ?@oUtqDjNp,4 LlKfr OF OCEP04 514ORE SECS-MEW W JAITMFX UNERALMM C%. 150L)NDAP-1 MiCLOPMA CAFRA PA - Ot- ... IN, 3 Mai 1.114IT NEW Yol(K 09 DQAwkvfs REGULATED WETLANDS 00 TIDAL WATERS L= 0 PROPOSED COASTAL ZONE 21 CHAPTER THREE - MANAGEMENT SYSTEM MANAGEMENT SYSTEM Introduction and Summary Administrative Framework-Department of Environmental Protection Principal Program Authorities Introduction Waterfront Development Law Coastal Area Facility Review Act Wetlands Act Tidelands Management Hackensack Meadowlands Development Commission Department of Energy Green Acres Funding Shore Protection Coastal Program Funding Supplementary Program Authorities Water Quality Program NPDES Permits Areawide Water Quality Management (208) Plans Wastewater Treatment Facilities: Regulation and Funding Stream Encroachments and Flood Hazards Wild and Scenic Rivers Delaware and Raritan Canal State Park Pinelands Protection Regulation of State Owned Land Air Quality Regulation Solid Waste Harbor Clean-Up Other State Agencies Department of Agriculture Department of Community Affairs Department of Labor and Industry Department of Transportation Department of Health County and Municipal Land Use Authority County Authority Municipal Authority Regional Land Use Authority Delaware River Area Hackensack Waterfront Area Northern Waterfront Area Federal Agency Authority Public Participation Conflict Resolution 23 MANAGEMENT SYSTEM Introduction and Summary In passing the federal Coastal Zone Management Act of 1972 (CZMA), Congress recognized both the importance of the coastal zone and the need to strengthen existing public controls over resources and development in order to protect it. Section 302(h) of the Act states that: The key to more effective protection and use of the land and water resources of the coastal zone is to encourage the states to exercise their full author- ity over the lands and waters in the coastal zone by assisting the states ... in developing land and water use programs for the coastal zone, including ... methods and processes for dealing with land and water use decisions of more than local significance. This section of the New Jersey Coastal Management Program describes the methods and processes that New Jersey has developed to guide decision-making in the coastal zone. Section 305 of the CZMA requires that participating coastal states demon- strate one of three methods of exercising control over those land and water uses in the coastal zone which have a direct and significant impact on coastal waters. New Jersey's approach corresponds to management technique "B" -- Direct State regula- tion and planning -- as described in Section 306(e)(1) of the CZMA. This is the only feasible approach under New Jersey's existing legislative framework that is in compliance with the requirements of the CZMA. It requires no new legislation. This Chapter describes the administrative framework and program structure under which New Jersey proposes to exercise these controls. It contains a descrip- tion of the three state agencies involved in significant coastal decision-making: the Department of Environmental Protection, the Hackensack Meadowlands Development Commission and the Department of Energy. It describes the principal legal authori- ties and programs to be used in implementing the policies found in Chapter Three, including the Coastal Area Facility Review Act (CAFRA), the Wetlands Act, the Waterfront Development Law, the authority to grant title to, or license the use of State owned tidelands (sometimes referred to as riparian lands), and the Hackensack Meadowlands Reclamation and Development Act. It also describes certain capital spending programs such as the Green Acres Program, the Shore Protection Program and the coastal management funds available under the CZMA. Also described are other state regulatory programs, largely administered by DEP, which are not focused as exclusively on the coastal zone, but which do affect the coast and supplement the Statets ability to implement specific Coastal Resource and Development Policies or categories of policies. These are described as "sup- plementary program authorities". The last sections of the Chapter analyze the manner in which the programs of other state, county, municipal, regional and federal agencies function with the Coastal Management Program. 24 ADMINISTRATIVE FRAMEWORK - THE DEPARTMENT OF ENVIRONMENTAL PROTECTION Created by the Legislature in 1970, the Department of Environmental Protection (DEP) was given broad authority to "formulate comprehensive policies for the conservation of the natural resources of the State ... 11 (N.J.S.A. 13:1D-9). Spe- cific authority for preparation of the coastal program was delegated by the Governor when he designated DEP as New Jersey's coastal planning agency under Section 305 of the federal Coastal Zone Management Act. DEP also serves as New Jersey's lead agency to administer the Federally approved program, under Section 306 of the Act. The Department is divided into nine operating units: the Division of Coastal Resources (prior to July 1, 1979, the Division of Marine Services); Division of Water Resources; Division of Environmental Quality (which includes the Bureau of Air Pollution Control and the Solid Waste Administration); Division of Fish, Game and Wildlife; Division of Parks and Forestry; the Green Acres Administration; the Division 'of Fiscal and Support Services; Division of Employee Management and Development; and the Commissioner's Office. The Bureaus of Coastal Project Review, Coastal Planning and Development, Coastal Enforcement and Field Services, Tide- lands, Coastal Engineering, and Marine Law Enforcement are all located in the Division of Coastal Resources (See Figure 3). The core of the Coastal Management Program's management system is the adoption by DEP of the Coastal Resource and Development Policies as administrative rules. This means that the actions of every Division in the Department will be legally bound to be consistent with the Coastal Policies to the extent permitted by the enabling legislation of each program. DEP's regulatory authority in the coastal zone is principally based on the Waterfront Development Law, the Coastal Area Facility Review Act, the Wetlands Act, and the Tidelands statutes. These laws apply to virtually all aspects of major development within this zone. Their administration will be unchanged under the coastal management program with the exception of the Waterfront Development permit program's redefined jurisdiction. Division of Coastal Resources - On July 1, 1979, the former Division of marine Services was reorganized and continued as the Division of Coastal Resources. The reorganization's principal features are the consolidation of three different permit offices. (the former Office of Coastal Zone Management's CAFRA Permit Section, the office of Riparian Lands Management, and the office of Wetlands Management) into one Bureau of Coastal Project Review, the placement into one bureau of all coastal planning and development activities, and the creation of a Bureau of Coastal Enforcement and Field Services. This reorganization became permanent in 1980 when the Legislature amended the relevant portions of DEP's enabling legislation (N.J.S.A. 13:ID-1 et seq.). The Division's new organization is described in chart form in Figure 4, and is summarized as follows: The Bureau of Coastal Project Review administers the CAFRA, Wetlands, and Waterfront Development Permit Programs, in conformance with the respective enabling legislation and with the Rules on Coastal Resource and Development Policies. 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(D IVA. 61 COO, Figure 4 DIVISION OF COASTAL RESOURCES ORGANIZATIONAL CHART APRIL , 1980 DIRECTOR BUREAU OF MARINE OFFICE OF LAW ENFORCEMENT ADMINISTRATION BUREAU OF COASTA BUR E A U OF COASTAL BUREAU OF COASTAL BUREAU OF COASTAIJ BUREAU OF PLANNING ENFORCEMENT AND AND DEVELOPMENT PROJECT REVIEW FIELD SERVICES ENGINEERING TIDELANDS - The Bureau of Coastal Planning and Development provides a single planning agency to assist in the development and refinement of a program to guide and regulate development and resource protection in the coastal zone. This office assumes the planning functions of the former Office of Coastal Zone Management. - The Bureau of Tidelands serves as staff to the Tidelands Resource Council and aids in the protection and management of State-owned tidelands through the review of applications for conveyances for grants, leases and licenses. The Bureau assumes the functions of the former Office of Riparian Lands Management with respect to the description and valuation of State-owned tidelands. - The Bureau of Coastal Enforcement and Field Services provides an interdis- ciplinary inspection team to support the functions of the Bureaus of Tide- lands and Coastal Project Review. The Bureau assumes the inspection and enforcement activities of the former Offices of Coastal Zone Management, Wetlands Mangement and Riparian Lands Management. - The Bureau of Coastal Engineering administers the State's shore protection and waterway maintenance programs. It assumes the functions of the former Office of Shore Protection. Division of Water Resources - The Division of Water Resources is responsible tor water quality planning -a-ng-maintenance, water supply, and flood plain manage- ment. The Division is the designated water quality planning agency under Section 208 of the Federal Clean Water Act and, under the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.), has the authority to administer the National Pollution Discharge Elimination System (NPDES) permits once EPA delegates this responsibility to DEP. The standards set by the Division under the Clean Water Act are incorporated into the Coastal Policies, as required by Section 307(f) of the federal Coastal Zone Management Act. The Division also has the authority to regulate the building or alteration of structures within stream areas and to regulate development and land use in designated floodways under the Flood Hazard Areas Control Act, (N.J.S.A. 58:16A-50 et seq.). Within the seventeen New Jersey counties with coastal waters, area-wide water quality planning (also known as 208) is being conducted by four county planning boards, by the Delaware Valley Regional Planning Commission in four counties, and by the Division of Water Resources in the remaining nine counties. The plans are being completed between 1979 and 1980 in different parts of the state. The water quality planning program seeks institutional and technical alternatives to control and abate water pollution. The key policies of the program are to protect the sources of potable water supply, control toxic and hazardous substances, control pollution from areawide sources, and protect environmentally sensitive areas. Water quality planning programs may utilize and refine the Coastal Location Acceptability Method for activities which need not be regulated for coastal manage- ment program approval (i.e. activities not having a direct and significant impact on coastal waters), and in parts of the state outside the coastal zone. The method could, for example, be modified and used in making land and water use decisions on and near non-tidal portions of the Delaware River and in other areas of the State where a decision-making method is needed to protect water quality. 28 The Division of Water Resources is also responsible for supervising the development of the State Water Supply Master Plan. The plan, financed by the State Water Conservation Bond Fund, will assess near and long-term water needs, evaluate various alternatives for meeting those needs, and provide a framework for the future planning and management of the State's water supplies. Specific recom- mendations will be made including those for near-term water supply development projects, conservation and management policies, interconnection programs, and drought and emergency response plans. The draft plan was completed in Spring, 1980. The Division of Coastal Resources will continue to work with the Division of Water Resources to assure consistency between the Water Supply Master Plan and the Coastal Policies. Division of Environmental Quality - The Division of Environmental Quality is responsible for air quality planni7g-and monitoring and is the agency designated to administer the federal Clean Air Act in New Jersey. The Division also is respon- sible for the State's radiation, noise, pesticide control and solid waste manage- ment programs. Under the requirements of the Clean Air Act, the Bureau of Air Pollution Control in the Division is developing programs to attain National Ambient Air Quality Standards. The attainment of standards for photochemical oxidants for the entire State, for carbon monoxide in central business districts, and for particulates in Camden and Jersey City, and the maintenance of clean air levels throughout the state are the major problems to be addressed. The Division of Environmental Quality is also responsible for the development of a statewide plan to maximize use of resource recovery and minimize the adverse environmental impacts of solid waste. This was the responsibility of the Solid Waste Administration until August, 1979 when it was abolished and its functions transferred. The state has been divided into twenty-two districts (21 counties and the Rackensack Meadowlands Development Commission District). Each district is responsible for developing a ten-year plan to meet the solid waste needs for each municipality within the region. The SWA is responsible for coordinating the district planning through the development of a statewide plan and for providing guidelines, especially in the area of hazardous waste, for use by the twenty-two planning districts. The Division of Coastal Resources works closely with the Division of Environ- mental Quality to develop programs directed toward attainment of the National Ambient Air Quality Standards, and to assure consistency between the Coastal Policies and statewide solid waste planning. In addition, attentioA will be given to the impact of Coastal Policies on air quality outside of the Coastal Zone. Coordination with the Division of Environmental Quality should result in the use of Coastal Policies to help attain statewide air quality and solid waste management goals as well as use of the State Implementation Plan and State and district solid waste plans to further Coastal Management Program goals. Division of Parks and Forestry - The Division of Parks and Forestry manages the state's parks and iF -responsible for acquiring, operating and maintaining historic sites. The Division reviews CAFRA permit applications in addition to coordinating with Division of Coastal Resources on park and recreation policies. 29 Green Acres and Recreation - The Green Acres Administration develops a comprehensive recreation plan and works with the Division of Parks and Forests and the Division of Fish, Game and Wildlife to identify and rank possible sites for DEP purchase. The Division of Coastal Resources reviews all proposed expenditures of Green Acres funds, and where differences emerge, the Commissioner of DEP makes the final decision. The New Jersey State Comprehensive Outdoor Recreation Plan (SCORP), prepared by the Green Acres Administration, addresses the adequacy of open space for exist- ing and projected demands, and the accessibility of recreation resources for all segments of the population. The plan qualifies New Jersey for funding under the Federal Land and Water Use Conservation Fund Program. In addition to studying recreation needs and uses, SCORP also includes inventories of federal, state, county, municipal and private recreation resources. The major policies in SCORP, which are fully consistent with the Coastal Resource and Development Policies, include emphasizing open space in urban areas, developing recreation facilities, increasing public access to recreation resources through mass transit, and devel- oping barrier free recreation facilities. Division of Fish, Game and Wildlife -. The Division of Fish, Game and Wildlife is responsible tor managing the fish-and wildlife resources of the State. This includes research and educational programs as well as enforcement of state fish and game laws and maintenance of state fish and wildlife management areas. The Divi- sion also administers the federal Endangered Species Act of 1973, which provides funds for the purchase or management of land for research and for other activities to protect wildlife. Office of the Commissioner - The Office of the Commissioner conducts a number of functions relating to th astal Management Program. Matters relating to Coastal Resources; Green Acres and Recreation; Fish, Game and Wildlife; Parks and Forestry; and Pinelands are supervised by the Assistant Commissioner for Natural Resources. Matters relating to water and air quality, solid wastes, and toxics are supervised by the Assistant Commissioner for Environ- mental Management and Control. First, the office of Environmental and Cultural Services coordinates the review of major development proposals likely to require more than one DEP-admini- stered permit, applications circulated through the A-95 Project Notification and Review Processt, and state agency sponsored projects costing more than one million dollars (as required by Executive Order #53 of 1973). This coordinated review helps speed the permit review process and insures the application of consistent pol ic ies . This Office also reviews coastal permit applications in terms of possible archaeological impacts. In addition, the Office evaluates the potential impact of CAFRA permit applications on cultural resources, maintains the State Register of Historic Places, and makes recommendations to the Commissioner for State nominations to the National Register of Historic Places. DEP's Assistant Commissioner for Science administers the New Jersey Spill Control and Compensation Act (N.J.S.A. 58:1-23.11 et seq.) In addition, under his direction, the office of Cancer-Causing and Toxic P-olfu-tants is conducting research with the assistance of computer facilities funded by the U.S. Council on Environ- mental Quality. The information produced by this research will be incorporated 30 into the Coastal Policies, and could conceivably lead to proposed alternatives to certain siting policies. in addition, this computer project is serving as a model for DEP to test the feasibility of digitizing much of the information necessary to apply the Coastal Policies. The Tidelands Delineation Program, conducted by the Office of Environmental Analysis (under the direction of the Assistant Commissioner for Natural Resources), is@a multi-year project to map the extent of State-owned tidelands by delineating the mean high tide line. The program will require several years to complete because of the complex issues of land ownership to be resolved. The office of Public Participation, created in 1979, directs DEP's efforts to stimulate public interest and involvement in the development and implementation of all of the Departments management and planning programs. PRINCIPAL PROGRAM AUTHORITIES Introduction This section describes the Coastal Management Program's principal regulatory and capital spending programs. They are described as "principal" programs since they allow the State, through a number of agencies, to implement a broad range of Coastal Policies. This is particularly true of the three coastal permit programs administered by the Division of Coastal Resources (the Coastal Area Facility Review Act, the Waterfront Development Law, and the Wetlands Act). These authorities, in and of themselves, provide authority for land and water uses in the coastal zone sufficient for program approval. In contrast, the supplementary programs which follow this section are more limited in scope and involve the implementation of only one or a few policies (e.g. air quality or water quality). This section also describes the process by which the Tidelands Resource Council, a twelve-member citizen body, supervises the management of State-owned tidelands (sometimes called riparian lands). This section explains how the deci- sions of the Council are made consistent with the Coastal Resource and Development Policies contained in Chapter Three. Also described are: The Hackensack Meadowlands Development Commission (HMDC): A state-level regional agency regulating development and conservation in a 31 square mile area encompassing part of the Hackensack River Estuary and associated uplands. Its master plan constitutes the proposed State Coastal Resource and Develop- ment Policies for the area, and, for the purposes of the Federal CZMA, its regulatory authority constitutes the principal management mechanism; The Department of Energy (DOE): The state agency responsible for energy planning, DOE is authorized to participate with all other state departments on any regulatory decision affecting energy facilities. The Shore Protection Program: A program planned and administered by the Division of Coastal Resources, and The Green Acres Program: A recreation and open space funding program admini- stered by DEP's Green Acres Administration. 31 I . Waterfront Development Law - The Waterfront Development Law (N.J.S.A. 12:5-3) autgorizes DEP to regulate th construction or alteration of a dock, wharf, pier, bulkhead, bridge, pipeline, cable, or other "similar or dissimilar develop- ment" on or adjacent to navigable waterways and streams throughout the State. Past and present administrative practice under the Law (passed in 1914) has been generally restricted to tide-flowed lands on or below the mean high water line, but D.EP has now adopted regulations to fully implement the law by defining both its geographic scope and the types of development to which it applies. These regulations, which are reprinted in Appendix D, are intended to re-establish DEP's long neglected authority to guide development in waterfront areas. They have been reviewed by the Attorney General of New Jersey, who has issued an opinion endorsing them in terms of both geographic scope and facilities subject to the law. The Attorney General's opinion is also contained in Appendix D. Under these regulations, the following types of development in the waterfront area will, with specified exceptions, require DEP approval: a. Docks, wharves, piers, bulkheads, bridges, pipelines, cables, moorings and other submerged structures (all these already require DEP approval); b. The construction, reconstruction, structural alteration, relocation or enlargement of any building or other structure, or of any excavation or landfill, and any change in the use of any building or other structure, or land or extension of use of land. The waterfront area itself is defined (N.J.A.C. 7:7-2.4) as including all tidal waterways and lands adjacent thereto up to the first property line, public road or railroad right-of-way generally parallel to the waterway, provided that the boundary is between 100 and 500 feet from the waterway. This rule will apply in upland areas beyond the mean high water line only outside the CAFRA area and Hackensack Meadowlands District (see Figure 2). The waterfront boundary for a hypothetical location is illustrated in Figure 5a, and a sample map of the boundary is shown in Figure 5b. Persons proposing to undertake waterfront development must first apply to the@ Division of Coastal Resources for a permit. The applicant must hold a valid grant, lease or license for the tide flowed part of the site before the application will be considered. The permit process is outlined in Figure 6. Waterfront Development permits are subject to the requirements of the 90 Day Construction Permit Law (N.J.S.A. 13:10-29). Under its provisions interested persons who consider themselves aggrieved by the granting or denial of a Waterfront Development permit may appeal the Division's decision to the Tidelands Resource Council (a proposed amendment to the 90 Day Construction Permit Rules will transfer this function to the Commissioner). This includes the right to challenge decisions which the appealing party contends are in conflict with the Rules on Coastal Resource and Development Policies. 2. Coastal Area Facility Review Act (CAFRA) - The Coastal Area Facility Review Act (N.J.S.A. 13:19-1 et seq.) authorizes DEP to regulate and approve the location, design and cons trJ_t i3n-o f major facilities in a 1,376 square mile coastal region encompassing portions of Middlesex, Monmouth, Ocean, Burlington, Atlantic, Cape May, Cumberland and Salem Counties (See Figure 7). The CAFRA area 32 Figure. 5a JURISDICTION OF RULE FOR WATERFRONT DEVELOPMENT LAW CONCEPT SKETCH 100 -400@- A C D F G H WATER LOT I BOUNDARY MEAN HIGH JUSTICE ROAD WATER LINE 0 w 0 w LOT LOT K BOU NDA RY AML 0 0 LOT L LOT M 0 WATERFRONT BOUNDARY WATER AREA UPLAND AREA 33 H k @'e "@7, e 7igure 5b N@k -@*qf A JURISDICTION OF RULE FOR WATERFRONT DEVELOPMENT a r h-2 LAW SAMPLE MAP x 4@Q@rEcce ric % \ . @ell I I @ . , , "I i - \*.% / I/ , I . Rive Gq ce JURISDICTION Wind Villa. /;E 1.AdOiti 0i aW tandpi Watero N 4- lPiimping 'a z@ation u Qt5,@ atel Board ar@ eth r S cwmr 7Z 40@ Stand 5,1 wage '@o'aste,. p ng <\ IL st tion- s D % ),S /P L% j*1 0. 0 w ter c- 20 Pvens VV -7@ N 2 T anal W@ h Ir Bm Z Z 0 :........... ast 'o& E ............... . @V& %B -23 \@@B m Its @ F4-P V - 2 10 2 e o!, r W atm osal High Merl. AB IK' Gra, .7, avel c, C@. Yci@.@ p . . .... an 20 N 'rr . ..... ........ 1124,000 'A 16661 mooll, 3000, -V Tow n 34 simst" malft "ps "he love (D YETLANDS AND WATERFRONT (RIPARIAN) DEVELOPMENT PERMIT APPLICATION PROCESSES REQUEST ADD ITIONAL ADDITIONAL INFORNATION INFORMATION R ECE IVED APPLICATION OR STILL DEFICIENT tA OPTIONAL P OR 0PT 10 NAL DECISION DEP PRE - APPLICATION RECEIVES P UBL IC CONFERENCE APPLICATION 20 WORKING DAYS MAXIMUM HEARING t RETURN 90 DAYS MAXIMUM PUBL:C COMMENTS PL CAT WIT H N FIVE DAYS OF DEP BULLETIN NOTICE NOTE A WATERF RONT DEVELOPMENT PERMIT APPLICATION IS NOT DECL AIRED COMPLETE FOR REVIEW WITHOUT A LAWFUL RIPARIAN OCCUPATIONAL OR USE INSTRUMENT SUCH A S A RIPARIAN GRANT, LEASE OR LICENSE. INDICATES THAT THE TIMETABLE IS SET BY THE APPLICANT. 0 /RLE@f@@@]4 APPLICAT I ON UtIACCEPTABLE FOR FILING Figure 7 NEW JERSEY CAFRA op INLAND BOUNDAR U 44 S 0 X 0 0 U 0 c P E N N SY LVANIA DELAWA U :j N G T 0 N Xv E, M' T L A N 0 U E R A 4 P E 4 STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION 1,1250000 36 also includes coastal waters. Lying within the CAFRA area are New Jersey's barrier beach islands, all of its coastal resort areas, portions of the Pinelands, large agricultural areas, and New Jersey's fastest growing county (ocean). The Act is administered by the Division of Coastal Resources. Facilities regulated under CAFRA include all those proposed for the following purposes: a. Electric power generation, including oil, gas, coal fired or nuclear; b. Public facilities, including housing developments of 25 or more dwelling units, roads and airports, parking facilities of 300 spaces or more, wastewater treatment systems and components, and sanitary landfills; C. Food and food by-products, paper and agri-chemical production; d. Mineral products, chemical and metallurgical processes an inorganic salt manufacture; e. Marine terminals and cargo handling and storage facilities. The full list of facilities regulated under CAFRA, together with the text of the Act, is reprinted in Appendix E. A flow chart depicting the CAFRA permit applica- tion process appears as Figure 8. Persons proposing to build CAFRA-regulated facilities must first submit an application and Environmental Impact Statement (EIS) to the Division. A public hearing and review of the EIS by other DEP divisions and state agencie.s are required before the decision to grant or deny the permit may be made by the Divi- sion Director. CAFRA permit decisions may be appealed by an interested person to the Com- miEsioner of DEP, or directly to the three member Coastal Area Review Board. Appeals to the Commissioner may also be taken to the Review Board following her decision. The broad provisions of the appeals process allow challenges to permit decisions on the basis that they are inconsistent with the Rules on Coastal Resource and Development Policies. 3. Wetlands Act - The Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) authorizes DEP to regulate activities on coastal wetlands. Since its enacFm_ei7t_and the adoption of the Wetlands Regulations in 1972, the amount of wetlands filled in New Jersey has been reduced from 1,900 to 55 acres annually. In 1978, approxi- mately 14 acres of regulated wetlands were filled, while in 1979, less than one acre was filled. The Act, which is administered by the Division of Coastal Resources, gives the state broad discretion in regulating virtually any form of development or disturbance on mapped coastal wetlands, except for mosquito control and continued commercial production of salt hay or other agricultural crops or activities. Coastal wetlands are defined as those wetlands subject to tidal action along specified water bodies. They are not regulated under the Act until they have been mapped and the maps promulgated, following notice to affected property owners and a public hearing. Most coastal wetlands were mapped and the maps promulgated by 1972. The Act does not affect inland or freshwater wetlands. 37 m co CAFRA PERMIT APPLICATION PROCESS S SO Is 0.1. SO All MAXImum 10. MA X, MUM OR .0, M .A 1.U. 0M 15 D.s ........... 0. 30 DAYS MAXIMUM .5 A A .0 DAYII MA.-M .0 DAYS MAXIMUM THE ftwp;m. IFT-11 TROVIcas P'JILIC Ica OF WE *TRPs In THR PROCEED ONCE All APPLICATION 1949 BERN RECEIVED. 0 'MUM -ZN 120 30 DAIS MAXIMUM The g.reatest amount of wetlands acreage is found along the Atlantic shorefront but there is also a considerable amount of acreage along the Delaware River, and approximately twenty acres of regulated wetlands on the Raritan River, in and near Perth Amboy. The Act specifically exempts the Hackensack Meadowlands District from its coverage. Small wetlands areas in the Delaware River Area have not yet been delineated and are therefore not now regulated by DEP. They would, however, be regulated under the proposed rules for the Waterfront Development Act. Under Administrative Order No. 12 of 1977, Wetland permit decisions are made by the Division Director and may be appealed to the Commissioner of DEP. As is the case with Waterfront Development and CAFRA permits, permit decisions may be challenged on the basis that they violate the Rules on Coastal Resource and Devel- opment Policies. The Division of Coastal Resource's jurisdiction under each of the three coastal permits in the Bay and Ocean Shore Segment is shown in Figure 9. The Waterfront Development's proposed jurisdiction in the rest of the State is depicted in Figure 2. 4. Tidelands Management - In New Jersey, "tide-flowed" (or riparian) lands are owned by the State --- or -New Jersey, except where already conveyed. These are lands now or formerly flowed by the mean high tide, including filled lands. The State owns the lands as trustee for the public, and must administer their use in the public interest. The State exercises control over tidelands in two ways: through its proprietary role as owner, and through its regulatory role under the Waterfront Development Law. The State's ownership interest extends to the mean high water mark, which is determined on the basis of a theoretical 18.6 year tide. DEP's Office of Environmental Analysis is presently conducting a tidelands delineation program throughout the State. Until the delineation is complete, the Division of Coastal Resources is determining the applicability of tidelands law on a case-by-case basis. Landowners proposing to build and citizens concerned about a proposed project, as well as the Division of Coastal Resources staff of Marine Lands Inspectors, bring individual cases to the attention of the Department. The State's ownership role is exercised through the Tidelands Resource Council, which may grant, lease, or license the use of State-owned tidelands provided such action is in the public interest. Persons seeking to purchase, lease or otherwise use these lands must first obtain the Council's approval (Figure 10). Many of the State's tidelands were sold in the nineteenth and early twentieth century, but it is the present practice of the Council only to license the use of the lands, and not to grant them outright, except in unusual cases. The Council, which is composed of twelve citizens appointed by the Governor, with the advice and consent of the State Senate, has broad discretion concerning applications for tideland conveyances. The Council may make any decision it 'believes to be in the public interest. DEP's Commissioner and Director of Coastal Resources, however, have the authority to veto any Council action inconsistent with state policy. Should a veto occur, the application is returned to the Council for reconsideration. Consideration of the State's Coastal Resource and Development Policies in tidelands decision-making is also assured by the fact that the Division of Coastal Resources serves as staff to the Tidelands Resource Council. 39 -TT" CAFRA Th WASCFftW t)WLWPMSWT VEP.Mrr CAV9A EPOTSIECT TO MWA19CWNT WYELOPAWNT -r r'ro 1?@"'r @TLAND I Ill / MkMIT 0 PERMIT :6 C Gtjl@SSCIT TO CAr-p-A PC-P-Mfr I -e H VV5 1146 C OfA PLGTXES 0-F 2 OP, mom, -6 vt4 kl'5 WA:,,-E WAre-R lv5pCT- MENT FAC I On E-S BULKHEAD WATrzRFL't*a rAVcU"sNr PSRfAI-V ISVBIECT TO ATLANTIC or_ G PC N cPrT:)ZA W-Rm GROINS solblecr LON 'TO WOOND a S\Jp>jcc-T 'row AxMoW WrauPK &NT r PeRml r ki BAN ANb OCEAN S40Q ACEA COA5TAL PERMIT JURISDICTIONS PERMIT TjuL.KHFAD 17pil WE-TLANtr. eGROIN ROAD,'Wl Vol; 49 29 40 TIDELANDS APPLICATION PROCESS - - - - - - - - - - TB. In keeping with traditional riparian law, the owners of land immediately upland have the first right to purchase or use tidelands. But before any person may make use of tidelands, the Council requires that they obtain a Waterfront Development Permit. Since the permit may only be granted if the activity is consistent with the Coastal Resource and Development Policies, this requirement insures that the use of tidelands will conform with those policies. 5. Hackensack Meadowlands District - Implementation of coastal policies in the Hackensack Meadowlands District will 'be a joint venture of DEP and the Hacken- sack Meadowlands Development Commission (HMDC), with the Commission's plans guiding both agencies in their decisions. The HMDC is composed of the Commissioner of the Department of Community Affairs and three residents each from Bergen and Hudson Counties, appointed by the Governor, with the advice and consent of the State Senate. The Commission is responsible for developing and implementing a plan for ecologically sound development of the Meadowlands District. For this purpose, it has been given planning and zoning powers for the District, which were previously exercised by the individual municipalities. In 1972, the Meadowlands Commission adopted a master plan, which, as revised in 1977, 1978 and 1979, is to guide future development of the District. The HMDC will be the State agency responsible for implementing the State's coastal program under the CZMA in the Meadowlands District, and the coastal policies for the District will be those presently adopted by the HMDC in their Master Plan and other policy documents. Amendments to the Zoning Regulations of the Hackensack Meadowlands District will be considered as amendments to the Coastal Management Program when they meet the definition for amendments found in 15 CFR 923.80(c): I'amendments are defined as substantial changes in, or substantial changes to enforceable po,licies or authorities related to: (1) Boundaries; (2) Uses subject to the management program; (3) Criteria or procedures for designating or managing areas of particular concern or areas for preservation or restoration; and (4) Consideration of the national interest involved in the planning for and in the siting of, facilities which are necessary to meet requirements which are other than local in nature." As required by 15 CFR 923.53(a)(1), DEP-Division of Coastal Resources will make federal consistency determinations for actions affecting the Meadowlands District. However, such determinations will be made after consultation with the HMDC. The District is not subject to the requirements of the Wetlands Act. 6. Regulation and Planning of Energy Facilities - The Department of Energy (NJDOE), created in July 1977 (N.J.S.A. 52:27F-1 et seq.), has broad planning authority over energy-related matters, including th'@_a =thority to participate in the decision-making of other State agencies concerning the siting of energy facili- ties. The fact that energy generating and petroleum refining facilities often seek to locate in the coastal zone means that NJDOE8s authority is a significant element in the management system. 42 The Departments of Energy and Environmental Protection, recognizing their coextensive jurisdiction over energy facility siting in the coastal zone, and also recognizing the importance of such siting decisions to a successful coastal manage- ment program, entered into a memorandum of understanding in August 1978. The memorandum has three important features: a procedure for DOE review of coastal permit applications, a commitment by DEP and NJDOE to make their findings on the basis of the State's Coastal Resource and Development Policies as well as on the State Energy Master Plan, and a procedure for resolving disagreements between the two agencies. The proposed amendments to the existing Coastal Resource and Devel- opment Policies will not be adopted until agreed to by NJDOE, at which time they will be subject to the August 1978 Memorandum of Understanding. (See Appendix C) In the case of a disagreement between DEP and DOE concerning the siting of an energy facility, the matter will be submitted to an Energy Facility Review Board for resolution. The Board was established by the Act creating DOE, and consists of the Director of DOE's Division of Energy Planning and Conservation, the Chief Executive Officer of the state instrumentality with the power of approval over the application, and a designee of the Governor. The Board has never had to meet. The New Jersey Department of Energy is also the lead agency for the Coastal Energy Impact Program (CEIP). The 1976 Amendments to the federal Coastal Zone Management Act created Section 308, the CEIP, to provide financial assistance to help coastal states respond to the growth and impacts of new energy exploration and development. A second objective of the CEIP is to balance the two national goals of encouraging development of domestic energy resources to further energy self- sufficiency, and to protect and manage the nation's coast in a manner consistent with the objectives of a state's Coastal Management Program. To be eligible for assistance under the CEIP, a coastal state must be receiving a grant under Section 305 of the Act, have a coastal management program which has been approved under Section 306, or be making satisfactory progress which is consistent with the policies set forth in Section 303 of the Act. New Jersey currently meets these criteria. Ensuring New Jersey's continued eligibility through federal approval of a complete statewide coastal management program is one key incentive for complet- ing the program. CEIP grants are based in part on the amount of OCS acreage adjacent to a particular state. As specified in the FCZMA, NOAA's Assistant Administrator for Coastal Zone Management is in the process of establishing extended lateral seaward boundaries which will be used to determine New York and Delaware, and New Jersey's respective CEIP grant allocations. As the lead agency for CEIP, the New Jersey Department of Energy is respon- sible for administering the program, including soliciting applications, providing technical assistance. Funds are allocated to municipal and county governments, State agencies and governmental regional planning agencies according to the pro- gram's intrastate allocation process which includes project evaluation and approval by the New Jersey Intrastate Allocation Committee, representing diverse state interests. DOE and DEP coordination is required by the federal CEIP regulations which state that CEIP assistance cannot be granted without DEP certification of compatibility with the goals and policies of the developing Coastal Management Program or consistency with the approved Coastal Management Program. 43 To facilitate such a finding, and to satisfy the requirement that the state's coastal planning agency review CEIP applications, the Memorandum of Understanding provides that all such applications will be forwarded to DEP for consistency review. Another major responsibility of the Department of Energy is preparation and updating of the State Energy Master Plan. This plan considers the production, distribution, consumption and conservaE-lon of energy in the state and surrounding reg ion. The Plan and the more specific reports it promises will become a primary resource for energy facility siting decisions by DEP. The State Energy Master Plan was formally adopted in October 1978. The Board of Public Utilities, which is in, but not of, the Department of Energy, has broad regulatory authority over public utilities. Included in this authority is the power to supercede local zoning decisions when necessary if the service conveniences the welfare of the public (N.J.S.A. 40:55D-19). This authority comes into play only when a proposed utility facility has received required state permits (including coastal permits) and is denied a required local permit. This, provision helps New Jersey fulfill a section of the federal CZR-A requiring that local governments not be able to unreasonably restrict uses of regional benefit (See Chapter Four). 7. Green Acres Funding - The Green Acres Administration determines where and how state funds shou-ra-F-es pent for park and open space acquisition, development, and capital improvements. DEP can purchase land under this program by condemnation if necessary. The Division of Coastal Resources reviews proposed expenditures of Green Acres funds in the coastal zone for consistency with the Coastal Resource and Development Policies and can suggest modifications. In addition, under the Use Policies for Recreation, Green Acres funds would be withheld from municipalities with recreational plans or ordinances which are inconsistent with the Coastal Resource and Development Policies. The State Comprehensive Outdoor Recreation Plan (SCORP), prepared by the Green Acres Administration, addresses the adequacy of open space for existing and projected demands, and the accessibility of recreation resources for all segments of the population. The plan qualifies New Jersey for funding under the Federal Land and Water Use Conservation Fund Program. In addition to studying recreation needs and uses, SCORP also includes inventories of federal, state, county, muni- cipal and private recreation resources. The major policies in SCORP, which are also proposed for adoption in the Coastal Management Program, include an emphasis on open space in urban areas, recreation facility development, increasing public access to recreation resources through mass transit, and developing barrier free recreation facilities. In November 1978, the voters of New Jersey approved a $200 million Green Acres Bond issue, with $100 million earmarked for the acquisition and development of park land in urban areas. This brings to $540 million the amount of money approved by the voters for Green Acres funding since 1961. The Green Acres Administration will be spending this money in accord with SCORP priorities. One top priority is the creation of waterfront parks in urban areas. Some of the money will be used for direct state acquisition, while the majority will be channeled through local governments as matching grants. This money will help to significantly expand public access and recreational opportunities through the coastal zone. 44 New Jersey has also received additional funds for park rehabilitation in selected urban areas under the federal Urban Parks and Recreation Recovery Act, passed in 1978. These funds could be used by an eligible municipality to fill the local matching share of a state Green Acres grant. 8. Shore Protection - Shoreline erosion is a major concern in New Jersey, and DEP is authorized to undertake any and all actions necessary to prevent and/or- repair damage caused by such erosion (see N.J.S.A. 12:6A-1). In 1977, New Jersey's voters approved a $30 million bond issue (the Beaches and Harbors Bond Act of 1977, P.L. 77-208), $20 million of which is to fund State matching grants for beach restoration, maintenance and protection facilities, projects and programs. The Act requires that DEP prepare a comprehensive master plan that will serve as a basis for these grants. Work on this plan has been underway since 1978, and is being conducted by the Division of Coastal Resources. Shore Protection rules, which have been proposed only in draft form, would be procedural rules which cite the Coastal Resource and Development Policies relevant to shore protection for their substantive element. These include policies on Coastal Engineering, Dunes and Dune Management, Beach Nourishment, and High Risk Beach Erosion Areas. This uniformity between programs is required by the adoption of the Coastal Resource and Development Polices as Department rules governing coastal decision- making. In addition to guiding the state's program, the Shore Protection Master Plan and the Coastal Policies will serve as a basis for the planning of joint projects with the U.S. Army Corps of Engineers. Coastal permits will be issued only in conformity with the Policies. 9. Coastal Program Funding Coastal Management Program Implementation (306) Funds Upon federal approval of the coastal program, New Jersey is eligible to receive implementation funds under Section 306 of the federal Coastal Zone Manage- ment Act. DEP received $800,000 in FY 1979, for example, after approval of the program for the Bay and Ocean Shore Segment. The Department made avail- able $50,000 of this implementation money to selected county and municipal govern- ments included within the Bay and Ocean Shore Segment boundary by inviting them to submit proposals for planning projects which would help to fulfill the objectives of the Coastal Program, and selected projects in Toms River and Bridgeton. In FY 1980, the Department received a second year implementation grant of $840,000, of which $86,000 is being passed through to six local governments. After receiving Federal approval for the complete coastal program, New Jersey will be eligible for increased Section 306 funds to implement the entire program. DEP intends to continue to make a part of this money available for local govern- ments to assist with projects which will help to carry out the goals and objectives of the coastal program. Other States have, for example, granted funds to local governments for the development of beach access plans or projects, land use analyses, zoning ordinance revisions, and downtown revitalization projects. 45 DEP has also been receiving funds for the past four years, under Section 305 of the federal Coastal Zone Management Act, to develop the Coastal Management Program. In 1977, DEP passed through $180,000 of these planning funds to twelve coastal counties. In 1978, the Department granted $75,000 to eleven of the counties to enable them to write specific reports contributing to DEP's development of a coastal program. In 1979, DEP granted $110,000 to five municipalities in the developed coast to develop plans for projects which would further the State's coastal object@ives. DEP is currently receiving its last year of Section 305 federal coastal planning funds and will not be eligible to receive additional Section 305 funds. Coastal Energy Impact Program (308) Funds The Coastal Energy Impact Program, Section 308 of the Coastal Zone Manage- ment Act, provides funds to assist states in dealing with impacts from new or expanded energy facilities, and existing, expanded or new coastal energy activities. State agencies, counties and municipal governments are eligible to receive CEIP grants and loans from the Department of Energy, which is the state's designated lead agency for CEIP. New Jersey has been alloted almost $2 million in grants and $3 million in loans since the program's inception in 1977. The CEIP is explained in more detail in the section above which discusses the Department of Energy. Supplementary Implementation Programs in DEP There are a number of programs in DEP which require that new development meet regulations and standards concerning the maintenance and enhancement of water and air quality, the regulation of soil erosion, and the protection of flood hazard areas, wild and scenic rivers, and specified park areas. Programs in these areas will be useful in implementing particular coastal policies. They will be subject to the Coastal Resource and Development Policies to the extent allowed by their enabling legislation. This extent is narrow in the case of programs dealing with the quality of the ambient environment (i.e. air and water quality regulation), but is broader where a program involves land use regulations. The policies of these programs are generally consistent with and, in several cases, are identical with the proposed Coastal Policies. The Coastal Policies on Water and Air Quality and Solid Waste adopt by reference the policies being devel- oped by the divisions of the Department with greatest expertise in each field. The Division of Coastal Resources continues to monitor and review proposed changes to these policies through the rule-making process, and if a change were to violate the adopted Coastal Resource and Development Policies, the DEP Commissioner could refuse to allow the change. Water Quality Program - The Federal Clean Water Act of 1977 (33 USC 466 et seq.) sets a framework f achieving a national goal of restoring and maintaining the chemical, physical and biological integrity of the nation's waters and ensuring that they be fishable and swimmable. This is to be accomplished by Federal-state partnerships under which EPA sets increasingly strict effluent standards for wastewater discharges and the states set quality standards for rivers, bays and the ocean, and develop a strategy for their attainment. The key regulatory element is the National Pollutant Discharge Elimination System (NPDES), and the key planning element is the Areawide Water Quality Management (208) Plan. These elements, as well as State wastewater treatment facility requirements, are the key programs for attaining the State's water quality goals in the coastal zone and throughout the state. 46 The attainment and maintenance of water quality in New Jersey is the responsi- bility of DEP's Division of Water Resources. The Division of Coastal Resources also plays a role in water quality enhancement through the enforcement of water quality resource policies in decision-making under CAFRA, the Wetlands Act and the Waterfront Development Law. The Division of Water Resources will consider other coastal policies not related to water quality to the extent statutorily permissible. NPDES Permits - Any point source discharge into the waters of the United States, including the territorial sea, must receive a National Pollutant Discharge Elimination System Permit (NPDES) from either EPA or the State. There are 1,396 facilities currently regulated by NPDES in New Jersey. Perhaps as many as half of these facilities are located in the coastal zone. In New Jersey, permits are issued by EPA, Region II, but the State now has enabling legislation (the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.) which allows DEP to take over the permitting function. Under the present arrangement, DEP's Division of Water Resources must certify that a proposed discharge will not prevent the attainment of the State's water quality standards before EPA may issue a NPDES permit, and can therefore prevent the issuance of that permit. This certification, which is required by Section 401 of the Federal Clean Water Act, focuses on the chemical and biological impact of the proposed discharge on attainment of the water quality standards for the receiving body of water. For example, water classified as TW-1, the highest classification for tidal waters, must be suitable for shellfish harvesting where permitted. If a proposed discharge would threaten the shellfish beds in TW-l waters, the Division of Water Resources would have to withhold Section 401 Certification, and thus preclude EPA from issuing a NPDES permit. The NPDES permit process could be used to implement many of the proposed coastal policies for point sources of discharges. When EPA approves a State program for issuing NPDES permits, the requirements remain the same -- compatibility with Federal effluent guidelines and state water quality standards -- but in New Jersey, DEP rather then EPA would make the initial permit determination. EPA would then have the authority to overrule DEP concerning any permit, just as DEP can currently prevent EPA from issuing a permit by not providing the Water Quality Certificate. Section 6(b) of the State's Water Pollution Control Act also authorizes the Division of Water Resources to adopt regulations placing pre-construction require- ments on anyone planning to build a new facility which would discharge wastewater. So-called "Preliminary Facility Approval" Regulations were proposed in the summer of 1977 which would require any person proposing to build a facility to first examine its potential impact on water quality. DEP could prevent construction or require modifications in the plan until it was satisfied that the completed facil- ity would be compatible with State water quality requirements, thereby controlling water pollution by regulating the siting and construction of facilities in addition to regulating effluents. Adopting such regulations could significantly increase the types of development which DEP could require to follow the coastal policies. .The proposed rules, however, were not well accepted and are presently being studied and revised. The Coastal Management Program' will adopt' by reference the State's water quality standards as its standards, and the Division of Coastal Resources will comment on any proposed revisions. This is the same procedure adopted for the Bay and Ocean Shore Segment, which recognizes and relies upon the Division of Water 47 Resources' expertise. The Division of Coastal Resources will use its permitting authority, in consultation with the Division of Water Resources, to approve only those projects which will not prevent attainment of State water quality standards. Areawide Water Quality Management (208) Plans A Water Quality Management Plan developed according to Section 208 of the Clean Water Act is a comprehensive and implementable strategy for the control of water pollution in a county or multi-county area. Federal and State legislation require that the Coastal Management Program and 208 Plans be consistent. Through a Federal agreement between the Department of Commerce and the Environmental Protec- tion Agency, and through a working relationship at the state level between the Divisions of Coastal Resources and Water Resources, the policies of the two pro- grams are being coordinated and made consistent for both point and non-point sources of pollution. Each 208 plan is to consist of a set of policies and a management system detailing how and by which agencies these policies will be enforced. The Coastal Zone is to be addressed by nine separate 208 Plans.: Counties Planning Agency Status as of July 1980 1. Middlesex Middlesex County Planning Board Certified by Governor 2. Mercer Mercer County Planning Board Certified by Governor 3. Burlington/Camden/ Delaware Valley Regional Planning Certified by Governor Gloucester Commission 4. Salem/Cumberland DEP-Division of Water Resources Certified by Governor 5. Bergen/Hudson/Essex/ DEP-Division of Water Resources Certified by Governor Passaic/Union/Somerset 6. Monmouth DEP-Division of Water Resources Certified by Governor 7. Ocean Ocean County Planning Board Draft Plan Completed 8. Atlantic Atlantic County Division of Draft Plan Completed Planning 9. Cape May Cape May County Planning Board Draft Plan Completed The Division of Coastal Resources will not issue CAFRA, Waterfront Development or Wetlands permits to development proposals which conflict with a certified 208 Plan. Similarly, all other regulato'ry programs in DEP will not issue permits to projects in conflict with a certified plan as required by N.J.S.A. 58:11A-10. The Division of Coastal Resources has been participating in the 208 planning process to assure that the plans are not only consistent with Coastal Policies, but also contain policies and strategies designed to protect water-related coastal resources. Thus, in implementing 208 plans through regulatory and other strategies, DEP, the counties and other agencies will also be implementing elements of the Coastal Management Program. Wastewater Treatment Facilities - DEP is actively involved in the planning, financing and regulation of wastewater treatment facilities. The State Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.), authorizes instal- DEP's Division of Water Resources to require a permit for the lation, modification or operation of any wastewater treatment facility, including 48 but not limited to sewage treatment plants, sewage collection systems including interceptors, sewer outfalls, industrial wastewater treatment plants, and cooling towers and ponds. Through another program authorized by the Water Pollution Control Act, the Division may place a ban on extensions to a sewerage system when that system is found to be receiving flows in excess of design capacity or to be discharging inadequately treated sewage. Under the Water Supply and Sewer Systems in Realty Improvements Act (N.J.S.A. 58:11-23 et seq.), the Division must certify the adequacy of the proposed water supply and wastewater disposal system for any development involving fifty or more houses, or other structures producing wastewater, before a municipality may give the necessary subdivision approval. This requirement assures that proposed major subdivisions in the coastal zone and the entire state which employ on-site sewage disposal will not be built unless the disposal system is adequate "with respect to wells or other sources of water supply, topography, existing individual sewage disposal systems on adjacent properties, water table, soil characteristics, avail- able area and expected volume of sewage" and meets State standards regarding design (N.J.A.C. 7:9-2.5). This law is of importance primarily in areas without regional sewerage systems. In the proposed coastal zone, this includes significant portions .of Cumberland, Salem, and Cape May Counties. In September, 1979, EPA delegated administration of the Wastewater Con- struction Grant Program under Section 201 of the Federal Clean Water Act to the Division of Water Resources. Under this program, DEP determines the eligibility of proposed municipal facilities for federal aid for facility planning (Step I), engineering (Step II), and construction (Step III). Since all wasterwater facili- ties require a Waterfront Development permit (and a CAFRA -permit if located in the CAFRA zone), DEP and EPA in 1977 entered into an agreement which requires that applicants obtain these permits before Step II engineering funds are released. This practice will continue under the delegated program. This insures that waste- water treatment facilities are planned, funded and built in accordance with Coastal Policies. The State Public Sanitary Sewerage Facilities Assistance Act of 1965, (N.J.S.A. 26:2E-1 et seq.), authorizes DEP to give grants of up to 30 percent of the State-local c(Ts-t-3-f construction projects which qualify for the 75 percent Federal construction subsidy under Section 201. The State construction aid program is designed to complement the federal sewerage construction grants, and DEP's funding priorities are in accordance with Federal priority guidelines and Areawide Water Quality Management (208) Plans. This funding program will help to carry out coastal policies related to secondary impacts and the protection of environmentally critical or sensitive areas. Stream Encroachments and Flood Hazards No structure or alteration within the 100 year floodplain of any stream may be made without a permit from DEP's Division of Water Resources. This permit responsibility existed under the Stream Encroachment Act (N.J.S.A. 58:1-26) until its repeal and transfer to the Flood Hazards Area Control Act (N.J.S.A. 58:16A-50 et seq., as amended, see P.L. 1979, c.359). The program is intended primarily for flood protection, "to safeguard the public against danger from waters impounded or affected by such structures". 49 Administration of this program supports the preservation of stream channels in their natural state, and will allow further implementation of the Coastal Policies related to hydrology and flood hazards. Of 500 stream encroachment permit applica- tions received in 1978, DEP granted 450. The Division of Coastal Resources and Water Resources are discussing procedures for waiving the Stream Encroachment Permit requirement for projects requiring a Waterfront Development Permit. The Flood Hazards Area Control Act also authorizes DEP to adopt land use regulations for delineated floodways -"designed to preserve (their) flood carrying capacity and to minimize the threat to the public 'safety, health and general welfare". Under the Act, municipalities may conduct the delineation and adopt regulations concerning their use in zoning ordinances, provided that they meet the minimum standards of the DEP regulations. DEP has adopted, or proposed for adoption, floodway delineations in various parts of the proposed coastal zone (See Resource Policy on Flood Hazard Areas in Chapter Four) . The Act only applies to riverine flood hazard areas, however, so its use in coastal flood zones is extremely limited. Wild and Scenic Rivers. The purpose of the Wild and Scenic Rivers Act of 1977 (N.J.S.A. 13:8-45 et seq.) is to preserve, protect and enhance the natural and recreational value _oT some of the State's most significant river segments. The Act allows the Commis- sioner of DEP to designate river segments as "wild", "scenic", "recreational", or "developed recreational". In any river segment so designated, all construction activities would be either prohibited or regulated within the river's flood hazard area. This would expand upon DEP's authority under the Flood Hazards Area Control Act in the areas designated, by permitting a much wider range of considerations as criteria for DEP's regulatory decisions. Before any designations can be made, the flood hazard area of a river under consideration must be delineated. The geographic extent of river designation is the flood hazard area, except that DEP owned lands beyond the flood hazard area which are important to the river may also be included in the designated river area. A designation study, assessing the river's values, and the impact of designation must be prepared and will be subject to public review and hearings. The types of development that are controlled under the Act will depend on which designation is applied to the segment, with "wild" rivers having the strictest prohibitions and "developed recreational" the most lenient. DEP's Green Acres Administration has published guidelines for designation of the State's rivers under which both the Lower Delaware River and the Hudson River could be charac- terized as developed recreational segments. Examples of river segments which may be designated include: Hudson River from the New Jersey-New York border to Liberty State Park (only characteristics of the New Jersey side, including views of Man- hatten, would be considered), or the Rancocas Creek from head of tide to confluence with the Delaware. DEP has proposed flood hazard area delineations for the Rancocas Region under the Flood Hazard Areas Control Act. 50 The.Delaware and Raritan Canal State Park Act (N.J.S.A. 13:13A-1 et seq.) This law is similar to, but was enacted three years before, the State's Wild and Scenic Rivers Act. Preservation of the sixty mile Delaware and Raritan Canal is entrusted to the Delaware and Raritan Canal Commission, which is in but largely independent of DEP. The Department is required by the law to administer all State-owned lands along the Canal as a State park, in accordance with a master plan adopted by the Commission in May, 1977. The Commission is given project review authority over proposals within a delineated review zone which includes the Canal Park and any land on either side of it in which development will have drainage or visual impact on the park. Within this zone, the Commission has the authority to 11review and approve, reject or modify any project ..." (N.J.S.A. 13:13a-14c). The projects to be reviewed by the Commission are set by rules adopted in 1979 (N.J.A.C. 7:45-1.1 et seq.): Within 1,000 feet of the Canal Park (the 'W' zone), all projects wilr-b@T_reviewed for drainage, visual, noise or other eco- logical impacts. Outside this area, but within watersheds of streams that enter the Canal Park (the "B" zone), projects will be reviewed only for drainage impacts. Projects to be reviewed in this latter area will be those involving construction or redevelopment of twenty-five or more dwelling units, projects which will cover one or more acres of land with impervious surfaces, and projects with any of the following uses: livestock pens, corrals or feed lots; pipelines, storage or distribution systems -for petroleum products or chemicals; liquid waste, storage, distribution or treatment facilities; solid waste storage, distribution or inciner- ation or landfill; quarries, mines or borrow pits; land application of sludge or effluents. Two small segments of the canal park, totalling approximately 288 acres, lie within the proposed coastal zone (See Figure 11). In the Northern Waterfront area, the Canal extends along the Raritan River from New Brunswick to the limits of tidal water. In the Delaware River area, it begins at Crosswicks Creek, Hamilton Township, and then leaves the coastal zone as it turns away from the river in Trenton. Within these segments, proposed development would have to meet the policy requirements of both the Canal Commission and the Coastal Management Program. The policies proposed by the Commission are consistent with the proposed Coastal Resource and Development Policies. Pinelands Protection The Pinelands Protection Act (P.L. 1979, Ch. 111; N.J.S.A. 13:18A-1 et seq.) establishes a framework for the comprehensive planning and regulation of develop- ment in the approximately 1,000,000 acres of fragile, highly valued pinelands that reach across central and southern New Jersey. The Pinelands Area and its sub-areas are mapped and the overlap between that area and the proposed coastal zone is shown in Figure 19 (Chapter 4). The Act is intended to accomplish the purposes of the National Parks and Recreation Act of 1978 (P.L. 95-625), which authorized federal support for Pine- lands protection through planning and land acquisition. The Federal Act directs the Department of the Interior to provide up to $3 million in planning assistance if requested by the Governor, and up to $26 million in implementation funds 51 .41. RA u on 'Ir kLoo @ighls 17 10 "0 t to roonv Pt N 10 Iro i N. Beacor, Lights /0 50 Iri /S . ..... olro 7 I NE J Lig 60 ,R A. c co 4TO 0. r4 0 0 1 '00 so C7. CrR,/,b @:m 10 V@l Inc 28M % 1124,0 0 I Coe 16M. 3000. F 4. 52 31 Sake N 0 0 0 "g- 0 C) < Ap U) 37, age" w4, arsha Ln. 0, 00 or @j m ad. 0 R 4 0 Towe iP BM Rad,u Ra To. Ol . . ........ "a following submission of an acceptable master plan. Both the planning process and a moratorium on State permit approvals and financial assistance were initiated by a Governor's Executive Order (EO No. 71, 1979) in March, 1979. The Pinelands Protec- tion Act was subsequently passed and signed into law on June 28, 1979. The Act establishes the following policy goals for the Pinelands: 1. The goal of the comprehensive management plan with respect to the entire pinelands area shall be to protect, preserve and enhance the significant values of the resources thereof in a manner which is consistent with the purposes and pro- visions of this act and the Federal Act. 2. The goals of the comprehensive management plan with respect to the protection area shall be to: (a) Preserve and maintain the essential character of the existing pinelands environment, including the plant and animal species indigenous thereto and the habitat therefor; (b) Protect and maintain the quality of surface and ground waters; (c) Promote the continuation and expansion of agricultural and hor- ticultural uses; (d) Discourage piecemeal and scattered development; and (e) Encourage appropriate patterns of compatible residential, commercial and industrial development, in or adjacent to areas already utilized for such purposes, in order to accommodate regional growth influences in an orderly way while pro- tecting the pinelands environment from the individual and cumulative adverse impacts thereof. 3. The goals of the comprehensive management plan with respect to the preservation area shall be to: (a) Preserve an extensive and contiguous area of land in its natural state, thereby insuring the continuation of a pinelands environment which contains the unique and significant ecological and other resources representative of the pine- lands area; (b) Promote compatible agricultural, horticultural and recreation uses, including hunting, fishing and trapping, within the framework of maintaining a pinelands environment; (c) Prohibit any construction or development which is incompatible with the preservation of this unique area; (d) Provide a sufficient amount of undeveloped land to accommodate specific wilderness management practices, such as selective burning, which are necessary to maintain the special ecology of the preservation area; and (e) Protect and preserve the quantity and quality of existing surface and ground waters. 54 The Act created a 15 member Commission (in but independent of DEP), and directed the Commission to develop a comprehensive Pinelands management plan by August 8, 1980. On June 8, 1980, the Commission released a draft Comprehensive Management Plan including a land use map and development standards. Since the plan's release, legislation has been enacted to extend the deadline for plan adoption from August 8 to December 15, 1980, to allow adequate time for comment and revision. The stand- ards for the Preservation Area, however, will take effect on August 8, 1980 as called for in the initial legislation. Within one year of the plan's adoption, every county and municipality located in whole or in part in the Protection Area must submit to the Commission a master plan and/or zoning ordinance which complies with the adopted policies. Also following adoption, state regulatory and capital spending decisions in the area must comply with the policies. The Act continues and extends to county and municipal approvals the moratorium on decision-making in the Pinelands area. The construction of single family dwellings is exempted from the moratorium in the Protection Area if the building lot was owned by January 7, 1979 by the person who is to occupy the dwelling, has access to a sewer system or, where no sewer is available, is greater than one acre in area. The Commission may grant exceptions from the moratorium when necessary to alleviate extraordinary hardship or to satisfy a compelling public need, or where it has been determined that the project is consistent with the Act's purposes and would not result in substantial impairment of the Pinelands area's resources. The Commission has not yet adopted regulations governing this process. The Pinelands National Reserve overlaps with the coastal zone in portions of Ocean, Burlington, Atlantic and Cape May Counties (see Figure 19), and in the Mullica River watershed there is also overlap between the coastal zone and the Pinelands Area under the jurisdiction of the State Pinelands Act. In this later area, coastal permits and approval from the Pinelands Commission will both be required for new development. This area is designated a part of the Preservation Area by the Pinelands Protection Act and a Limited Growth Region by the Coastal Resource and Development Policies, indicating a consistency of policies. In the area of overlap between the coastal zone and the National Reserve which is not under the jurisdiction of the Pinelands Protection Act, the Coastal Management Program will be the principal means of implementing the Pinelands Comprehensive Management Plan. The amendment to Coastal Growth Ratings in Ocean County (Chapter 4, Section 7:7E-5.3) and revisions to the Resource Policy on Buffers and Compatibility of Uses (Chapter 4, 7:7E-8.15), are both intended to make the coastal program more consistent with the draft Comprehensive Management Plan. Similarly, Section 22 of the State Pinelands Protection Act requires that DEP review its coastal policies and make any revisions "as may be necessary to effectu- ate the purposes of this act and the Federal Act". DEP believes that the Coastal Resource and Development Policies, as amended in this document, are basically 55 consistent with Federal and State Pinelands objectives and with the draft Pinelands Comprehensive Management Plan. Nonetheless, between now and the time of adoption of the Pinelands Comprehensive Management Plan, DEP and Pinelands Commission staff will be meeting to discuss modifications to both programs to increase their con- sistency. Regulation of State Owned Land The Natural Areas System Act (N.J.S.A. 13:lB-15.12a et seq.) calls for the Department to designate and regulate State-owned lands f37 Fh-e purpose of pro- tecting and enhancing their natural values. The natural area regulations govern state agencies administering lands designated as part of the system, and ensure that any critical areas purchased by the State for preservation or conservation purposes are adequately protected. The Natural Areas System Act is a regulatory adjunct to those coastal policies encouraging the preservation of open space and the protection of critical environmental areas. There are ten designated Natural Areas in the proposed coastal zone. These are described in Chapter Five under Geographic Areas of Particular Concern. Parts of Rancocas State Park in Burlington County and the Delaware and Raritan State park in Middlesex and Mercer Counties are also in the proposed coastal zone. These parks and any other State-owned lands managed by DEP within the coastal zone, including forests and fish and wildlife management areas, will be managed con- sistent with the Coastal Policies. Development proposed on DEP managed lands is reviewed by the Division of Coastal Resources to assure consistency, if it requires one or more coastal permits. Coastal resources along the Hudson River north of the George Washington Bridge, most notably the Palisades, are protected by inclusion within the Palisades Interstate Park. The park is managed by the Palisades Interstate Park Commission, a bi-state agency of New Jersey and New York. Federally owned land is excluded from the coastal zone (see Appendix B). Air Quality Programs As the New Jersey agency designated to administer the Federal Clean Air Act, DEP's Division of Environmental Quality conducts the planning for and the moni- toring of air quality. The Division's Bureau of Air Pollution Control has promul- gated, and is further developing programs by which the National Ambient Air Quality Standards (NAAQS) will be attained. In compliance with the 1977 Amendments to the Federal Clean Air Act, New Jersey has submitted a State Implementation Plan (SIP) to the U.S. Environmental Protection Agency outlining strategies for attain- ment and maintenance of the Standards. The Bureau of Air Pollution Control has an extensive permitting program which reviews proposals for any operation which would result in air pollution emissions. Thus, any proposal to construct or operate manufacturing facilities, non-commercial fuel burning equipment, storage tanks to hold fuel and other organic substances, and commercial fuel burning equipment with a heat output rate of one million BTU/hour or more must receive a permit from DEP. In addition, the Bureau requires permits to install any incinerator unless it will serve a multi-family dwelling of six units or less. 56 The purpose of requiring permits under the State's Air Pollution Control Act is to impose controls necessary to meet established standards on potential sources of new air pollution. The Act, therefore, will serve to implement the Coastal Policies on air quality. Permits are granted when the Bureau has ascertained that the application complies with Federal and State air pollution regulations, and that its emissions control system reflects "Best Available Control Technology", also considered "state of the art" technology. In any year, the Bureau reviews 6,000 to 7,000 applications and approves all but about 120. Solid Waste The Solid Waste Management Act, N.J.S.A. 13:IE-1 et seq. authorizes DEP to supervise the collection and disposal of all solid wast7s- gn-d related operations, including the location of disposal sites. Proposed facilities and sites are to be reviewed with reference to the quality of groundwater, erosion control, and "such other measures as shall be deemed necessary to protect the public health and safety of the environment "(N.J.S.A. 13:IE-6). Because numerous environmental impacts may be considered under this Act, DEP would apply all of the proposed Coastal Policies as criteria for site selection for solid waste collection and disposal facilities. Under the New Jersey Solid Waste Management Act and the Federal Resource Conservation and Recovery Act (RCRA, P.L. 94-580), every county in the State as well as the Hackensack Meadowlands Development Commission must draft a solid waste management plan. After the plans are adopted, they will control the siting of solid waste disposal facilities. RCRA states that for a plan to receive EPA implementation funds, it must provide that all solid waste be recycled or disposed of in sanitary land fills meeting federal requirements. The Division of Coastal Resources will review developing solid waste management plans for consistency with coastal policies. Harbor Clean-Up The "New York Harbor Collection and Removal of Drift Project" is a joint State/Federal undertaking, supervised by the U.S. Army Corps of Engineers and administered at the state level by the Bureau of Capital Improvements in DEP's Division of Fiscal and Support Services. The plan calls for the Corps to remove all abandoned sources of drift from both public and private property, from mean high water seaward to a depth of 20 feet. Disposal methods include burning at sea, landfill, and land incineration, with burning at sea found preferable. Some dredging may be required to reach structures scheduled for removal. Local govern- ments are to be responsible for subsequent maintenance of facilities, and no funds are provided for the revitalization of cleared areas. New Jersey's share of the project's cost, $10 million, was authorized by the voters of the State as part of the $30 million Beaches and Harbors Bonds Act of 1977. The Act states in part that "the state's growing population, expanding commercial development, and tourist industry all require and should have a clean, adequate, and accessible shoreline" (Section 2b). OTHER STATE AGENCIES A number of state agencies, in addition to DEP, make decisions affecting land and water uses in coastal areas. 57 Unlike the operating divisions of DEP, these agencies are bound by the Rules on Coastal Resource and Development Policies only when their activities require a DEP permit. ' Only the Department of Energy (DOE) is specifically obli- gated to follow the adopted Coastal Resource and Development Policies, pursuant to a Memorandum of Understanding with DEP. The sections which follow describe those activities of other state agencies which affect coastal land or water uses and which could, if conducted consistently with the Coastal Policies, enhance the program's effectiveness. All major State public construction projects will be consistent with the coastal policies by virtue of the Governor's Executive Order 53 of 1973, which requires that any State project costing $1.0 million or more, or State projects costing less than $1.0 million which by reason of their nature or location have the potential for substantial adverse environmental impacts, be first reviewed by DEP for environmental impacts. Department of Agriculture - The Department of Agriculture shares with DEP the regulatory responsibir-ity of the Soil Erosion and Sediment Control Act (N.J.S.A. 4:24-39 et seq. as amended). The Act is administered by the State Soil Conserva- tion Com-mitFe_e, which includes the Commissioners of the two Departments, and local Soil Conservation Districts. The Act controls erosion and sediment during the construction phase of development. It mandates site plan review of proposed sediment control practices for all construction, excluding individually developed single family homes, resulting in a soil disturbance of at least 5,000 square feet. Reviews are conducted according to regulations (N.J.A.C. 2:90-13) describing standards for techniques to establish ground protection and control of runoff, such as diversions, sediment basins, slope protection structures and channel stabilization. The Coastal Resource and Develop- ment Policies pertaining to soil are based on the-Act, thereby assuring conformity between the two. In addition, local Soil Conservation Districts and the South Jersey Resource Conservation and Development Council, with technical assistance from the USDA-Soil Conservation Service, have worked with several municipalities on dune stabilization and dune management. Department of Community Affairs - The Department of Community Affairs (DCA) is responsible for the administration -of a broad range of social programs, including those affecting housing. The Department does not, however, play a significant role in the formal management system of the Coastal Program, with the possible exception of the activities of its Housing Finance Agency. Under Section 701 of the Federal Housing and Community Development Act and the State law which established the Division of State and Regional Planning (N.J.S.A. 13:lB-15.50), DCA has prepared a State Development Guide Plan (Preliminary Draft - September 1977). The major policies of the Tu@idePlan are: Maintain the quality of the environment, preserve the open space necessary tor an expanding population, provide space and services to support continued economic expansion, and enhance the quality of life in urban areas. These policies, and the regulatory and funding decisions made under them, are consistent with the proposed coastal policies. 58 DCA's Housing Finance Agency (HFA) provides financing for private housing, and makes its decision on the basis of the Guide Plan and other State policies. Because all HFA proposals involve projects 777F -costs exceeding $1.0 million, DEP is able to use Executive Order 53 to insure that they aredesigned consistently with the Coastal Resource and Development Policies. In addition, HFA-financ@d projects with 25 units or more require a CAFRA Permit, and all HFA-financed projects in the coastal zone outside the CAFRA area will require either a-"Water- front Development or Wetlands permit. Department of Labor and Industry - The Department of Labor and Indust ry's (DLI) regulatory programs are, for the most part, not land-u-se related. However, the Department, through its office of Business Advocacy, plays an important role in siting and financing business and industry in the State. As part of this effort, DLI assists industrial developers in obtaining the State permits necessary for siting and operating plants, and will therefore work with DEP on industrial siting decisions. In addition, the Department can speed the development review process by steering potential developers towards sites on which development would be consistent with the Coastal Policies. Economic Development Authority - The Economic Development Authority (EDA), arranges low-interest, long-term financing for projects (including commercial fisheries), and is authorized to enter into contracts and buy and sell land and buildings. It is governed by a seven member board which includes the Commissioner of DEP. The Authority works closely with the Division of Economic Development within the Department of Labor and industry. In 1977, it provided $265 million for low interest loans throughout the State. DEP is working with EDA to explore the opportunity for consistency between EDA funding criteria and the proposed Coastal Policies. This could lead to coordinated planning for industrial development. Department of Transportation - The Department of Transportation (DOT) is responsible for the plann-ir-ng,construct ion, and maintenance of state highways, the review and funding of local highway projects, the planning of state and regional transportation strategies, and the regulation of some transportation facilities. DOT construction projects affecting DEP-regulated lands or resources are subject to DEP regulatory authority, insuring their conformity with the coastal policies. As part of their planning responsibilities, DOT and DEP have a working relationship for planning in coastal areas. Department of Health - The Department of Health shares with DEP the regulatory responsibilities for shellfish control activities including depuration and for recreational sanitation. Additionally, the Department of Health is responsible for the administration of a broad range of health programs, including health facilities planning, which may impact on the development of coastal policies. COUNTY LAND USE AUTHORITY The major role played by counties in the coastal program management system is that of planners. County land use authority is limited to the review and approval of subdivision and site plans for traffic impacts on county roads, and for drainage impacts on county facilities (see N.J.S.A. 40:27-1 et seq.). Most counties have prepared master plans or studies analyzing county issues and concerns to guide their decision making. The Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.) mandates coordination between county and municipal authorities by requiring Ch-a-t municipal master plans include a statement concerning the relationship between the municipal plan and the county master plan. S9 Other county functions which could help to carry out a coastal program include the 208 water quality planning responsibility some counties have undertaken and the counties' responsibility to prepare Solid Waste Management plans. Under the County ,-Environmental Health Act of 1978, each county can formulate and enforce environ- mental health ordinances to control air pollution, solid waste, noise and water polhution. These ordinance must be consistent with applicable state laws, rules and regulatio 'ns. The Act gives the Commissioner of DEP authority to delegate admini- stration o-f--the environmental health laws it administers to the counties. To date, this authority has not been exercised, nor have the Act's programs been funded. Most coastal counties have been actively involved in the planning and develop- ment of the New Jersey's coastal program. For two years, DEP sponsored a state- county coastal coordination project with every county in the Bay and Ocean Shore Segment and Salem, Camden, Gloucester, Burlington (one year), Middlesex, Hudson and Union (one year) counties. Using funds made available under the federal Coastal Zone Management Act, DEP contracted with the counties for the provision of information and analysis which is being used in the development of the Coastal Program. The counties have generated ideas, and in some cases, suggested a bound- ary and policies for their section of the coastal zone. MUNICIPAL LAND USE AUTHORITY New Jersey's municipalities derive their power to enact and enforce zoning ordinances from the State, and possess extensive regulatory authority over land uses. The Municipal Land Use Law, (NJSA 40:55D-1 et seq.), requires municipal planning boards to prepare master plans to guide munMc1p=aland use. It requires that all 'municipal zoning ordinances be consistent with or designed to carry out the land use element of the master plan. The State and municipality act as a check on each other in areas subject to State land use regulatory authority. A locally approved proposal cannot be con- structed without receipt of relevant state approvals, and a State-approved project, with certain exceptions in which the State has eminent domain authority, must receive appropriate local approvals. The Division of Coastal Resources has been soliciting municipal participation in the development of the coastal program for years by sharing draft documents with municipal officials and holding public meetings throughout the state. In addition, the Division will continue to encourage municipalities to review and comment on State coastal permit applications. Active involvement of the municipalities and consistency between local plans, ordinances and policies and state Coastal Policies is important for the successful development and full implementation of the Coastal Program. REGIONAL LAND USE AUTHORITY Delaware River Area In the Delaware River area, authority to implement the Coastal Policies is complemented and enhanced by the Delaware River Basin Commission (DRBC). The DRBC was created in November 1961 up@n enactment of concu@_ren@' l-eg-li-slation by the Congress of the United States and by the respective legislatures of the States of Delaware, New Jersey, and New York, and the Commonwealth of Pennsylvania. It is charged with the responsibility for development and effectuation of plans, policies 60 and projects relating to the water resources of the multi-state Delaware River Basin. The members of the DRBC are the Governors of the signatory States and one commissioner appointed by the President of United States. The Governors appoint alternates to the act as their representatives. The Commission exercises its powers and duties within the limits of the Delaware River Basin, defined in the Delaware River Basin Compact as the area of drainage into the Delaware River and its tributaries, including Delaware Bay (see Figure 12). Under the provisions of the Compact, DRBC has broad powers in relation to management of water supplies, water quality, pollution control, flood protection, watershed management, recreation, fish and wildlife, hydro-electric power, and regulation of water withdrawals and diversions. Under Section 3.8 of the Compact, no project having a substantial effect on the water resources of the basin may be undertaken without the Commission's approval. Under Article 11, all public pro- jects affecting the water resources of the Delaware Basin must be planned in consultation with the Commission. The Delaware River Basin Compact requires that the DRBC develop and adopt a comprehensive plan for the water resources of the Basin. The Comprehensive Plan differs from the usual "master plan" in that it serves not only as a guide for development of the water resources, but also as a management and regulatory mech- anism. It sets water quality standards for the basin, which together with state standards are the criteria for water quality certification of NPDES permits. it also establishes an interstate waste load allocation program for the Delaware River Estuary. In October, 1979, the DRBC produced a report titled The Delaware River Basin containing generalized recommendations and strategy for updating the Compre- hensive Plan. The report was the product of a comprehensive basinwide (Level B) study of the basins's water resources. The Comprehensive Plan includes Commission administrative actions and deter- minations, and the Plan continues to grow in scope as the Commission regularly adds new policies, criteria, standards and projects. For example, in 1978 the Commis- sion adopted a wetlands policy similar in substance to the State's proposed Wet- lands Special Area Policy, as part of the Comprehensive Plan. The plan, therefore, goes beyond the presentation of programs and facilities for meeting various needs; it includes a codification of administrative decisions governing water resources use, development and conservation. DEP hopes to modi 'fy an existing administrative agreement between DRBC and DEP for the purpose of coordinating DEP coastal permit programs with DRBC project review in the Coastal Zone. Although such an agreement is not essential for federal approval of the New Jersey Coastal Management Program, it would supplement the coastal permit programs by ensuring that DRBC, upon the request of DEP, will use its authority under Section 3.8 of its Compact to review proposed projects significantly affecting the water resources of the Delaware River Basin. A recently completed coordination project between DRBC and DEP-DCR provided input to the Department in drafting the proposed Coastal Resource and Development Policies and concluded that the policies are not in conflict with the DRBC Comprehensive Plan. The administrative agreement would ensure that DRBC will consider adopted Coastal Resource and Development Policies to the maximum extent feasible as criteria in its project review decisions. The Department will also work with DRBC and the Delaware and Pennsylvania coastal management programs to develop a unified set of coastal policies for consideration for future incorporation into the DRBC Comprehensive Plan. 61 OVERLAP 'BETWEEN DELAWARE RIVER BASIN COMMISSION (DRBC) JURISDICTION AND 'COASTAL ZONE HACKENSACK MEADOWLANDS SUSSEX DISTRICT ,".PASSAIC i BERGE MORRIS 'ESSEX 0 NORTHERN WATERFRONT AREA u 10 DRBC JURISDICTION .:40MERSET-,,!@ .14 ON AREA -dMIDDLESEX MONMOUTH Elicl.R DELAWARE RIVER AREA OCE SAY A ND OCEAN SHORE AREA oo@ 00" HACKENSACK N OV.ERLA -tXAMDEN MEADOWLANDS AREA ")GkCUCE R N DISTRICT S kLEW BAY AND OCEAN SHORE AREA ATL TIC AN DRBC JURISDICTION cillill, A OVERLAP AREA MAX, ... ... ...... ......... :. STME OF NE* ARSEY L PROTECTION FNVIRODNEMPE"NTTALl"n OF @@ISUSSEX Mol 4, 62 Another regional agency in the Delaware River Area is the Delaware River Port Authori ty (DRPA). The DRPA is a self-sustaining bi-state public agency o nnsyl- vania and New Jersey. It owns and operates four bridges which span the Delaware River connecting Southeastern Pennsylvania and Southern New Jersey, and through its subsidiary PATCO operates the Lindenwold High Speed Line. Although the Delaware River Port Authority does not own or operate any port facilities along the Dela- ware, it promotes trade and commerce for the ports of the Delaware River, collec- tively known as Ameriport. As part of its efforts to plan for and promote the Delaware River Port area, the Delaware River Port Authority is currently working to develop a Delaware River Regional Port Planning Study which will be funded by the federal Maritime Admini- stration. The study will make recommendations concerning development of twenty- seven sites wholly or partly within the New Jersey coastal zone. DEP-has analyzed these sites and determined.that under the Rules on Coastal Resource and Development Policies water dependent development would be acceptable provided Special Area, Use and Resource Policies are complied with. On two sites the presence of wetlands substantially limits the developable area. A map of the twenty-seven sites and DEP comments on their acceptability for development are available at DEP-DCR offices in Trenton. DEP will continue to coordinate closely with DRPA as their regional port planning study progresses. Although the DRPA is specifically exempted from State regulation (N.J.S.A. 32:3-6), it must obtain permission for the acquisition or use of State-owned tidelands from the Tidelands Resource Council. The Delaware River and Bay Authority was created by an interstate compact between New Jersey and Delaware. The Authority operates the Delaware Memorial Bridge and the Cape May-Lewes Ferry, and is empowered to operate marine terminals. Northern Waterfront Area In most of the northern waterfront, the Coastal Policies are enforceable only through the Waterfront Development and Tidelands Management programs. Near the Raritan Bay, DEP also has regulatory authority over development in mapped coastal wetlands. In addition, DEP will fund capital spending projects only when they are consistent with the Coastal Policies. The Coastal Policies can be further implemented, however, through coordination with several interstate and regional agencies having jurisdiction in the area. One of these agencies, the Port Authority of New York and New Jersey, is a self- supporting corporate agency formed in 1921 by the States of New York and New Jersey "to deal with the planning and development of terminal and transportation facili- ties, and to improve and protect the commerce of the Port District". The Port District encompasses a large area surrounding New York harbor and includes all of the Northern Waterfront coastal zone. The Authority's operations are not exempt from DEP's regulatory and tidelands authority (see N.J.S.A. 32:1-35.11 and 32:1-32.35). Because of the Port Authority's active involvement in the development and management of port, transportation and industrial facilities and its mandate to protect and promote commerce through the Port of New York and New Jersey, the Division of Coastal Resources is working closely with the Authority in policy 63 development. The planning and development of large northern waterfront sites by this interstate agency could be an important step toward revitalization of urban waterfront areas. In 1978, legislation was enacted in New Jersey and New York enabling the Port Authority to undertake an industrial park development program intended to revita- lize the inner cities of the Port District and to create an estimated 30,000 jobs over the next ten years. The Port Authority program to develop sites for manufac- turing plants in the hard-pressed central cities would require an investment of more than $1 billion in public and private funds over the next ten years, of which the Port Authority would invest up to $400 million on a self-supporting basis. The Interstate Sanitation Commission was formed in 1936 by the states of New Jersey, New York and Mnecticut to c-ontrol pollution in the tidal waters of the New York metropolitan area. More recently the Commission has become concerned with air pollution as well, and monitors and conducts research concerning both air and water quality. Under its compact (Article 17 . as revised October 1970), the Commission may "develop and, after public hearing place in force ... classifica- tions of waters and effluent standards within the District". A NPDES permit may not be issued for any discharge which would violate the Commission's standards. Waterfront planning and management in the Northern Waterfront Area may also benefit from the Hudson River Waterfront Study, Planning, and Development Commis- sion. This Commission was established by Governor Byrne in Executive Order No. 69 on January 11, 1979 to "conduct a thorough study and investigation of the various alternatives for the planning and redevelopment of the Hudson River Waterfront South of the George Washington Bridge". The Commission is composed of State legislators, representatives of Hudson and Bergen Counties, the mayors of 15 waterfront municipalities in those counties and other citizens appointed by the Governor. The Commission has released a Working Draft Report (March 1980) and will present its recommendations, including a proposal for a permanent regional agency which will prepare a Riverfront Plan to guide the redevelopment and revita- lization of the waterfront, to the Governor in September 1980. DEP's Bureau of Coastal Planning and Development serves as staff to the Commission. Federal Agency Authority Section 307 of the FCZMA allows states with approved coastal management programs to object to direct federal activities, federal permits or funding activities in or affecting the coastal zone which would violate elements of the Coastal Program. Also covered by Section 307 are federally licensed and permitted activities described in Outer Continental Shelf (OCS) exploration plans. The meaning of "Federal Consistency" has been subject to much debate since it was first included in the Coastal Zone Management Act in 1972. At a minimum, it leads to increased coordination between DEP and federal agencies near the coast. it increases opportunities for more efficient and effective review of coastal projects which require both state and federal approvals and it establishes a formal process for resolution of differences. Once the State has an approved coastal management program, any OCS plan for exploration, development or production from any tract affecting New Jersey's coast would have to be certified as consistent with the State Coastal Management Program. This is now in effect as a consequence of federal approval for the Bay 64 and Ocean Shore Segment As opposed to past procedures which only allowed the State to exercise review and comment on OCS plans, the consistency provisions go one step further by allowing the State to enforce its coastal policies through a consistency certification process. Federal consistency applies only after a State's coastal program is approved and cannot be used by a state to help demonstrate that it has sufficient authority to meet the standards of the federal Coastal Zone Management Act. Federal Con- sistency is discussed in detail in Chapter Five. Public Participation Public participation is an essential element in the development of a viable coastal management program. The New Jersey program offers opportunities for participation not only in program development, but also in regulatory decision- making and continued planning. The three coastal permit programs (CAFRA, Wetlands, and Waterfront Develop- ment) all have public notice and hearing requirements, providing the opportunity for public participation in the implementation of the coastal policies. DEP will ensure public notice of pending applications through notification of the appro- priate county planning board, county environmental commission, municipal planning board, county environmental commission, soil conservation district, and the Dela- ware Valley Regional Planning Commission and Tri-State Regional Planning Commis- sion. In addition, owners of land adjacent to the site proposed for development will be informed of the application. All pending applications are listed in the DEP Bulletin which is distributed -free and has a current circulation of 1,600. The Dep3-rtment is also cooperating with the "coast watch" program, sponsored by the American Littoral Society, to inform more people about pending coastal decisions and other events. DEP holds a public hearing near the site of a proposal for every CAFRA permit application, and for major Wetlands and Waterfront Development permit applications. In addition, any interested person can review DEP's file on a pending application and submit written comments. Decisions to lease or sell tidelands are made by the Tidelands Resource Council at meetings which are open to the public. DEP will continue to involve coastal residents, workers and visitors in planning for the future of the coastal zone. This involvement takes several forms, and, the Department will remain open to additional public participation techniques which may be suggested. Substantive changes in the Coastal Management Program and its policies will be subject to the notice and hearing requirement of both the federal regulations and the New Jersey rule-making process. The Division of Coastal Resources will continue to publish The Jersey Coast several times each year to inform interested people of future public meetings, available reports, and coastal planning and regulatory activities. Division staff will continue to make themselves available to meet with interested groups and the Division will continue to convene a series of public meetings throughout the coastal zone at least twice a year. in addition, Division staff will continue to meet periodically with the leaders of statewide environmental groups, builders groups, and other groups which express interest. 65 Part of public participation is public education, and DEP will continue to prepare and to assist others in preparing informative, understandable publica- tions about the coast and the coastal zone management program. The Department will supplement governmental publications with the use of newspapers, magazines, radio and displays in public places such as libraries, shopping areas and conventions. Conflict Resolution - Appeals The permit decisions made under the New Jersey Coastal Management Program, as described in this Chapter, can be appealed administratively. A CAFRA permit decision can be appealed by any interested person within 21 days of the final DEP action, to the DEP Commissioner or to a Coastal Area Review Board composed of the Commissioners of Environmental Protection, Community Affairs, and Labor and Industry. The decision of the Commissioner or of the Review Board can be further appealed through the courts. A Wetlands permit decision may be appealed to the DEP Commissioner and then to the courts. A Waterfront Development permit decision may be appealed to the Tidelands Resource Council (DEP has proposed to change the procedure.so appeals will be to the Commissioner), and then to the courts. There is no administrative process for appealing the decision of a State agency to adopt a rule, but the adoption of any rules, including the Rules on Coastal Resource and Development Policies, may be challenged by bringing an action in the Appellate Division of the New Jersey Superior Court. The Department of Energy (DOE) may appeal decisions affecting the construction or location of an energy facility to the Energy Facility Review Board. Under the Department of Energy Act, the Board will be called into existence by the Department of Energy if it disagrees with the decision of any state agency to grant or deny a permit for an energy facility. The Memorandum of Understanding in Appendix C explains this process. it is important to note, however, that between July 1977 and the present, the DEP/DOE conflict resolution process has not been neces- sary. The Management System for the Coastal Program does not appear likely to generate other conflicts which will require a resolution mechanism. 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 the Coastal Management Program and encouraged by the plans or actions of another agency could not be constructed unless it received the required coastal permits. At the same time, a project which conforms with all the Coastal Resource and Development Policies could not be constructed until the applicant received all other required state, federal, and municipal approvals. 66 Chapter 4: Coastal Resource and Development Policies CHAPTER FOUR - COASTAL RESOURCE AND DEVELOPMENT POLICIES Note to Reader This chapter defines substantive coastal policies to guide public decisions about significant proposed development and management of resources of New Jersey's coastal zone. A three step decision-making process involving Location, Use and Resource Policies is used in order to increase predictability and add more speci- ficity to the coastal decision-making process. Coastal policies for the Bay and Ocean Shore Segment were adopted as admini- strative rules (N.J.A.C. 7:7E-1.1 et seq., effective September 28, 1978), and appeared on pages 27-163 of the New Jersey Coastal Management Program - Bay and Ocean Shore Segment and Final Environmental Impact Statement (August 1978). As adopted, M policies apF=1ed only to the Bay and Ocean Shore Segment. The poli- cies will be amended effective September 26, 1980, to expand their jurisdiction to the entire coastal zone. The policies will be the criteri 'a for permit decisions under CAFRA, the Wetlands Act and the Waterfront Development Act, and will guide DEP recommendations to the Tidelands Resource Council and management actions anywhere in the coastal zone. These amended rules apply to all CAFRA applications found complete for review on or after September 26, 1980, and for all Wetland Act and Waterfront Development Act applications found complete for filing on or after September 26, 1980. How- ever, these amended rules also apply to applications found complete for review or filing before September 26, 1980, at the request of the applicant. 67 CHAPTER TABLE OF CONTENTS SUBCHAPTER I - INTRODUCTION 71 7:7E-1.1 Purpose 71 7:7E-1.2 Authority 71 7:7E-1.3 Jurisdiction 71 7:7E-1.4 Severability 74 7:7E-1.5 Review, Revision, and Expiration 74 7:7E-1.6 Coastal Decision-Making Process. 75 SUBCHAPTER 2 - LOCATION POLICIES 79 7:7E-2.1 Introduction 79 7:7E-2.2 Classification of Land and Water Types 79 7:7E-2.3 Mapping and Acceptability Determination 79 SUBCHAPTER 3 - SPECIAL AREAS 81 7:7E-3.1 Introduction 81 7:7E-3.2 Shellfish Beds 81 7:7E-3.3 Surf Clam Areas 82 7:7E-3.4 Prime Fishing Areas 83 7:7E-3.5 Finfish Migratory Pathways 84 7:7E-3.6 Submerged Vegetation 85 7:7E-3.7 Navigation Channels 85 7:7E-3.8 Canals 86 7:7E-3.9 Inlets 87 7:7E-3.10 Ma rina Moorings 88 7:7E-3.11 Ports 88 7:7E-3.12 Submerged Infrastructure Routes 89 7:7E-3.13 Shipwrecks and Artificial Reefs 89 7:7E-3.14 Estuarine or Marine Sanctuary 90 7:7E-3.15 Wet Borrow Pits 91 7:7E-3.16 Intertidal Flats 93 7:7E73.17 Filled 'Water's Edge 96 7:7E-3.18 Existing Lagoon Edge 96 7:7E-3.19 Natural Water's Edge - Floodplains 98 7:7E-3.20 Alluvial Flood Margins 100 7:7E-3.21 Beach and Dune Systems 100 7:7E-3.22 Central Barrier Island Corridor 106 7:7E-3.23 Wetlands 107 7:7E-3.24 Cranberry Bogs 109 7:7E-3.25 Wet Borrow Pit Margins 110 7:7E-3.26 Coastal Bluffs ill 7:7E-3.27 Intermittent Stream Corridors 113 7:7E-3.28 Farmland Conservation Areas 115 7:7E-3.29 Steep Slopes 116 7:7E-3.30 Dry Borrow Pits 116 7:7E-3.31 Historic and Archaeological Resources 118 7:7E-3.32 Specimen Trees 119 7:7E-3.33 Endangered or Threatened Wildlife or Vegetation 119 Species Habitat 7:7E-3.34 Critical Wildlife Habitats 120 68 CHAPTER TABLE OF CONTENTS Continued SUBCHAPtER 3 - Continued 7:7E-3-35 Public Open Space 121 7:7E-3.36 Special Hazards Areas 122 7:7E-3.37 Excluded Federal Lands 122 7-7E-3.38 Special Urban Areas 123 7:7E-3.39 Pinelands National Reserve and Pinelands Protection 124 Area 7:7E-3.40 Hackensack Meadowlands District 127 7:7E-3.41 Wild and Scenic River Corridors 127 SUBCHAPTER 4 - GENERAL WATER AREAS 131 7:7E-4.1 Definition 131 7:7E-4.2 Policy Summary Table 131 7:7E-4.3 Ocean 131 7:7E-4.4 Open Bay 138 7:7E-4.5 Semi-enclosed and Back Bay 139 7:7E-4.6 Tidal Guts 139 7:7E-4.7 Large Rivers 140 7:7E-4.8 Medium Rivers, Streams and Creeks 140 7:7E-4.9 Lakes, Ponds and Reservoirs 141 7:7E-4.10 Acceptability Conditions for Uses 141 5 - GENERAL LAND AREAS 151 7:7E-5.1 Definition 151 7:7E-5..2 Acceptability of Development in General Land Areas 151 7:7E-5.3 Coastal Growth Rating 151 7:7E-5.4 Environmental Sensitivity Rating 15 5 7:7E-5.5 Development Potential 157 7:7E-5.6 Definition of Acceptable Intensity of Development 162 7:7E-5.7 Land Acceptability Tables 167 SUBCRAPTER 6 - GENERAL LOCATION POLICIES 175 7:7E-6.1 Policy on Location of Linear Development 175 7:7E-6.2 Basic Location Policy 175 7:7E-6.3 Secondary Impacts 175 SUBCHAPTER 7 - USE POLICIES 177 7:7E-7.1 Purpose 177 7:7E-7.2 Housing Use Policies 177 7:7E-7.3 Resort/Recreational Use Policies 181 7:7E-7.4 Energy Use Policies 184 7:7E-7.5 Transportation Use Policies 201 7:7E-7.6 Public Facility Use Policies 203 7:7E-7.7 Industry Use Policies 205 7:7E-7.8 Mining Use Policies 206 7:7E-7.9 Port Use Policies 207 7:7E-7.10 Commercial Use Policies 209 7:7E-7.11 Coastal Engineering 212 7:7E-7.12 Dredge Spoil Disposal on Land 214 7:7E-7.13 National Defense Facilities Use Policy 215 69 CHAPTER TABLE OF CONTENTS Continued SUBCHAPTER 8 - RESOURCE POLICIES 217 7:7E-8.1 Purpose 217 7:7E-8.2 Marine Fish and Fisheries 217 7:7E-8.3 Shellfisheries 217 7:7E-8.4 Water Quality 219 7:7E-8.5 Surface Water Use 2j9 7:7E-8.6 Groundwater Use 220 7:7E-8.7 Runoff 220 7:7E-8.8 Soil Erosion and Sedimentation 222 7:7E-8.9 Vegetation 223 7:7E-8.10 Important Wildlife Habitat 225 7:7E-8.11 Air Quality 225 7:7E-8.12 Public Services 227 7:7E-8.13 Public Access to the Shorefront 228 7:7E-8.14 Scenic Resources and Design 229 7:7E-8.15 Buffers and Compatibility of Uses 229 7:7E-8.16 Solid Waste 230 7:7E-8.17 Energy Conservation 231 7:7E-8.18 Neighborhoods and Special Communities 232 7:7E-8.19 Traffic 232 7:7E-8.20 High Permeability Moist Soils 233 7:7E-8.21 Wet Soils 233 7:7E-8.22 Fertile Soils 234 7:7E-8.23 Flood Hazard Areas 235 7:7E-8.24 Decommissio'ning of Projects 237 7:7E-8.25 Noise Abatement 238 7:7E-8.26 Barrier Free Design 238 70 SUBCHAPTER 1 - INTRODUCTION 7:7E-1.1 Purpose This chapter presents the substantive policies of the Department of Environ- mental Protection regarding the use and development of coastal resources, to be used primarily by the Division of Coastal Resources in the Department in reviewing permit applications under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq., Wetlands Act, N.J.S.A. 13:9A-1 et seq., and Waterfront Development Permit fr-oi-ram, N.J.S.A. 12:5-3. The rules also -17r-ovide a basis for recommenda- tions by the Department to the Tidelands Resource Council on applications for riparian grants, leases, or licenses. By adopting these policies as administrative rules, according to the Admini- strative Procedures Act, the Department aims to increase the predictability of the Department's coastal decision-making by limiting administrative discretion, as well as to ensure the enforceability of the Coastal Resource and Development Policies of the coastal management program of the State of New Jersey prepared under the federal Coastal Zone Management Act. Further, the Department interprets the 11public health, safety, and welfare" clause in CAFRA (N.J.S.A. 13:19-10f) and the Wetlands Act (N.J.S.A. 13:9A-4d) to include a full consideration of the national interests in the wise use of coastal resources. 7:7E-1.2 Authority These rules ate adopted under the general powers of the Department, N.J.S.A. 13:1D-9, as well as the Department's specific rule-making and coastal management powers under the Coastal Area Facility Review Act, N.J.S.A. 13:19-17, the Wetlands Act, N.J.S.A. 13:9A-1 et seq., the Waterfront Development Permit Program N.J.S.A. 12:5-1 et seq., and the riparian lands statutes (generally N.J.S.A. 12:3-1 et seq.). Th@_se rules are consistent with the purpose and intent of the 90 ITa-y Construction Permit Law and regulations, P.L. 1975, c. 232, and N.J.A.C. 7:1C-1 et seq. These rules complement the adopted rules that implement the Wetlands Ac-t, N.J.A.C. 7:7A-1.0 et seq., and the rules that define the permit application proce- dures under CAFRA, N.j_.A.C. 7:7D-2.0 et seq. The Coastal Resource and Development Policies are derived from the legislaMive=ntent of the CAFRA, Wetlands, Waterfront Development, and riparian statutes, and, in the case of the Coastal Area Facility Review Act, the rules define the standards for approval, conditional approval, or denial of permit applications more precisely than the findings required by N.J.S.A. 13:19-10 and 11. 7:7E-1.3 Jurisdiction (a) General These rules shall apply to five categoxies, as defined in Section 7:7E-1.3(c) to (g), of actions or decisions by the Department on uses of coastal resources within or significantly affecting [the Bay and Ocean Shore Region of] the coastal zone: (1) coastal permits, (2) consistency determinations, (3) financial assistance, (4) DEP management actions affecting the coastal zone, and (5) DEP planning actions affecting the coastal zone. 71 (b) Geographic Scope of the New Jersey Coastal Zone These rules shall apply geographically to the New Jersey Coastal Zone which is defined as the Coastal Area under the jurisdiction of the Coastal Area Facility Review Act (N.J.S.A. 13:19-4), all other areas now or formerly flowed by the tide, shorelands subject to the Waterfront Development Law, regulated Wetlands listed at N.J.A.C. 7A-1.13, and the Hackensack Meadowlands Development Commission District as defined by N.J.S.A. 13:17-4. (c) Coastal Permits These rules shall apply to all waterfront development permits (N.J.S.A. 12:5-3), Wetlands permits (N.J.S.A. 13:9A-1 et seq.) and CAFRA permits N.J.S.A. 13:19-1 et seq.). (d) Consistency Determinations These rules shall app ly to decisions on the consis 'tency or compatibility of proposed actions by federal, state, and local agencies with the Coastal Resources and Development Policies, inlcuding but not limited to determinations of federal consistency under Section 307 of the federal Coastal Zone Management Act, determinations of consistency or compati- bility under the Coastal Zone Management Act, comments on Draft and Final Environmental Impact Statements prepared under the National Environmental Policy Act, and comments on other public and private plans, programs, projects and policies. (e) Financial Assistance Decisions These rules shall apply to state aid financial assistance decisions by DEP under the Shore Protection Program and Green Acres Program within the Coastal Zone, to the extent permissible under existing statutes and regulations. (f) DEP Management Actions These rules shall apply, to the extent statutorily permissible, to the following DEP management actions in or affecting the coastal zone in addition to those noted above: TIDELANDS RESOURCE COUNCIL (1) Conveyances of State owned tidelands (N.J.S.A. 12:3-1 et seq). DIVISION OF WATER RESOURCES (1) Permits for use of a floodway (N.J.S.A. 58:16A-50) (2) Promulgation of regulations concerning land use in delineated flood hazard areas (N.J.S.A. 58:16A-50) (3) Permits for point source discharges under the National Pollution Dis- charge Elimination System (N.J.S.A. 58:10-1 et seq.) presently issued by EPA under Section 402 of the Federal Clean Water Act. 72 (4) Certification under Section 401 of the Federal Clean Water Act (water quality certificates) (5) Approval of wastewater treatment works, sewage collection systems, and outfall sewers (N.J.S.A. 5:10A-6) (6) Wastewater Treatment Construction Grants (N.J.S.A. 26:2E-1 et seq.) (7) sewerage connection ban exemptions (N.J.S.A. 58:10A-4) (8) Designation of Critical Sewerage areas (N.J.S.A. 58:11-44) (9) Permits for 50 or more sewerage (septic) facilities (N.J.S.A. 58:11-23) (10) Approval of Sewerage facilities in Critical Areas (N.J.S.A. 58:11-45) (11) Permit to divert surface and/or subsurface or percolating waters for public water supply (N.J.S.A. 58:1-37, 58:4A-2) (12) Approval of diversions for water supply (N.J.S.A. 58:1-17) (13) Permit to drill wells (N.J.S.A. 58:4A-14) (14) Permits to construct new or modified public water supply sources, treatment plants, and distribution systems (N.J.S.A. 58:11-2,3, 10) (15) Permits to install or maintain a physical connection between an approved public potable water supply and an unapproved supply (N.J.S.A. 58:11-9 to 9.11) (16) Dam Permits (N.J.S.A. 58:4-1) DIVISION OF ENVIRONMENTAL QUALITY (1) Permit to construct, install, or alter control apparatus or equipment (N.J.S.A. 26:2C-9-2) (2) Certificate to operate control apparatus or equipment (N.J.S.A. 26:2C- 9.2) (3) The Approval of a variance to exceed an air quality standard (N.J.S.A. 26:2C-9.2) SOLID WASTE ADMINISTRATION (1) Approval of sanitary landfill sites (N.J.S.A. 13:1E-1 et seq.) GREEN ACRES AND RECREATION (1) Adoption of regulations concerning use of state owned lands (N.J.S.A. 13:8-20 et seq.) (2) Designation of state owned lands for inclusion in the Natural Area system (N.J.S.A. 13:IB-15.12a et seq.) 73 (3) Allocations of Green Acres Grants (N.J.S.A. 13:8A-19 et seq.) (4) Inclusion of and adoption of regulations concerning river areas in the Wild and Scenic Rivers System (N.J.S.A. 13:8-45 et seq.) DIVISION OF FISH, GAME AND WILDLIFE (1) Adoption of regulations concerning use of land and water areas under the control of the Division (N.J.S.A. 13:IB-30 et seq., 23:1-1 et seq., 23:4-28) ALL DIVISIONS (1) Management of state-owned lands by DEP. (g) DEP Planning Actions These rules shall provide the basic policy direction for the following planning actions undertaken by DEP in the Coastal Zone as the lead state agency for coastal management under Section 306 of the federal Coastal Zone Management Act. DIVISION OF COASTAL RESOURCES Coastal Zone Management Shore Protection DIVISION OF WATER RESOURCES Areawide water quality management ("208") DIVISION OF ENVIRONMENTAL QUALITY Air quality planning Solid Waste management GREEN ACRES AND RECREATION Planning for public acquisition of coastal lands 7:7E-1.4 Severability If any provision of these rules or the application of these rules to any person or circumstances is held invalid, the remainder of the rules and the appli- cation of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. 7:7E-1.5 Review, Revision, and Expiration The Department shall periodically review these rules, consider the various national, state, and local interests in coastal resources and developments seeking coastal locations, and propose and adopt appropriate revisions to these rules. Under the requirements of the federal Coastal Zone Management Act, the Department expects to conduct an annual review of the rules and expects to revise, amend or readopt the rules before the five year deadline under Executive Order No. 66 of 1979 for periodic review of administrative rules. 74 7:7E-1.6 Coastal Decision-Making Process (a) General Decisions on uses of coastal resources shall be made using the three step process comprising the Location Policies (Subchapters 2 through 6). the Use Policies (Subchapter 7), and the Resource Policies (Subchapter 8) of these rules. Depending upon the proposed use, project design, location, and surrounding region, different specific policies in each of the three steps may be applicable in the coastal decision-making process. The Coastal Resource and Development Policies address a wide range of land and water types (locations), present and potential land and water uses, and natural, cultural, social and economic resources in the coastal zone. DEP does not, however, expect each proposed use of coastal resources to address all Location Policies, Use Policies, and Resource Policies. Rather, the applicable policies are expected to vary from proposal to proposal. Decisions on the use of coastal resources in the Hackensack Meadowlands District will be made by the Hackensack Meadow- lands Development Commission, as lead agency, and by the Department, consistent with the Hackensack Meadowlands District Master Plan, its adopted components and management programs. (b) Principles The Coastal Resource and Development Policies represent the consideration of various conflicting, competing, and contradictory local, state, and national interests in diverse coastal resources and in diverse uses of coastal locations. Numerous balances have been struck among these interests in defining these policies, which reduce but do not presume to eliminate all conflicts among competing interests. One reason for this intentional balancing and conflict reducing approach is that coastal management involves explicit consideration of a broad range of concerns, in contrast to other resource management programs which have a more limited scope of concern. Decision-making on individual proposed actions using the Coastal Resource and Development Policies must therefore consider all three steps in the process, and weigh, evaluate, and inter- pret inevitably complex interests, using the framework established by the policies. In this process, interpretations of terms, such as "prudent", "feasible", "minimal", "practicable", and "maximum extent", as used in a specific policy or combinations of the policies, may vary, depending upon the context of the proposed use, location, and design. Finally, these principles should not be understood as authorizing arbitrary decision- making or unrestrained administrative discretion. Rather, the limited flexibility intentionally built into the Coastal Resource and Development Policies provides a mechanism for incorporating professional judgment by DEP officials, as well as recommendations and comments by applicants, public agencies, specific interest groups, corporations, and citizens into the coastal decision-making process. In the application of administrative discretion, DEP officials will be guided by eight basic coastal plicies, which summarize the direction of the specific policies. 1. Protect and enhance the coastal ecosystem. 75 2. Concentrate rather than disperse the pattern of coastal residential, commercial, industrial, and resort development and encourage the preser- vation 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 municipality. 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. S. Encourage residential, commercial, and recreational mixed-use redevelop- ment of the developed waterfront. (c) Definitions The Coastal Resource and Development Policies are stated in terms of actions that are encouraged, required, acceptable, conditionally acccept- able, discouraged, or prohibited. Some policies include specific con- ditions that must be met in order for an action to be deemed acceptable. Within the context of the Coastal Resource and Development Policies and the principles defined above in Subsection (b), the following words have the following meanings. (1) $faction", "activity", "development", "project", "proposal", or flusell are used interchangably to describe the proposed use of coastal resources that is under scrutiny using the Coastal Resource and Development Policies. (2) 11site", "location", "area", or "surrounding region" means the geo- graphic scope of the proposed use of coastal resources that is under scrutiny using the Coastal Resource and Development Policies. This shall include the site of a proposed use as well as the sur- rounding area or region that may be affected by or affects the proposed use and is therefore appropriate for evaluation as part of the coastal decision-making process, as well as alternative sites. (3) 11prohibited" means that a proposed use of coastal resources is unacceptable and that DEP will use its legal authority to reject or deny the proposal. 76 (4) "discouraged" means that a proposed use of coastal resources is likely to be rejected or denied as DEP has determined that such uses of coastal resources should be deterred and developers should be dissuaded from proposing such uses. In cases where DEP considers the 'proposed use to be in the public interest despite its dis- couraged status, DEP may permit the use provided that mitigating or compensating measures are taken so that there is a net gain in quality of the affected ecosystem. (5) "conditionally acceptable" means that a proposed use of coastal resources is likely to be acceptable provided that conditions speci- fied in the policy are satisfied. (6) flacceptable" means that a proposed use of coastal resources is likely to be approved. (7) "encouraged" means that a proposed use of coastal resources is accep- table and is a use, by its purpose, location, design, or effect, that DEP has determined should be fostered and supported in the coastal zone, through favorable consideration of other aspects of the location, design, or effect of the use in terms of the weighing process of the Coastal Resource and Development Policies. (8) "water dependent" means development that must have direct access to the body of water along which it is proposed in order to function. Maritime activity, commercial fishing, public waterfront recreation and marinas are examples of water dependent uses, but only the portion of a development requiring direct access to the water is water dependent. The test for water dependency shall assess both the need of the proposed use for access to the water and the capacity of the proposed water body to satisfy the requirements and absorb the impacts of the proposed use. A proposed use will not be considered water dependent if either the use can function away from the water or if the water body proposed is unsuitable for the use. For example, in a maritime operation a dock or quay and associated unloading area would be water dependent, but an associated warehouse would not be water dependent. Housing, hotels, motels, casinos and restaurants are not water dependent. (9) O'navigable" means navigable in fact, including by canoe, at mean low tide. (d) Pre-Application Phase At an optional pre-application conference with a prospective applicant, DEP shall employ the Coastal Resources and Development Policies as a basis for a candid, informal and non-binding evaluation of the merits of a proposed use, location and design. (e) Application or Project Review Phase DEP shall employ the Coastal Resource and Development Policies as the standards for issuing actual decisions, making determinations, and carrying out management and planning actions that affect the coastal 77 zone. Decisions may be issued with conditions or pre-conditions as permitted by the procedural rules of the Department and as reasonably necessary to carry out the spirit and intent of the Coastal Resource and Development Policies. information Requirements Applicants for coastal permits shall comply with the adopted procedural rules and regulations that define the information to be submitted as part of applications for Waterfront Development, Wetlands, and CAFRA Permits. Applicants shall submit information to DEP indicating and documenting how the proposed use complies with the applicable Coastal Resource and Development Policies. This information shall be submitted [at least] in a discrete section of the application, or its accompanying environmental impact statement (EIS) if applicable, that is identified by the heading "Compliance with Coastal Resource and Development Policies". At the pre-application phase, mapped information for a site and its surrounding region shall be submitted at least at a scale of 1:24,000 (1 inch = 2,000 feet). At the application phase, mapped information shall be submitted at least at a scale of 1:24,000 and at larger scale(s), such as 1:2,400 (1 inch = 200 feet), appropriate for the size and complexity of the site and its surrounding region. Information describing the site and sur- rounding region, including alternatives, in terms of the Coastal Resource and Development Policies, shall be mapped to the maximum extent practi- cable. Approximate data sources referred to in the Coastal Resource and Development Policies, such as soil surveys, shall be required to be supplemented as necessary by site-specific data presented by an applicant in the environmental impact statement. 78 SUBCHAPTER 2 - LOCATION POLICIES 7:7E-2.1 Introduction The coastal land and water areas of New Jersey are diverse. The same development placed in different locations will have different impacts on the coastal ecosystem and built environment as well as different *social and economic implications. Different policies are therefore required for different locations. This section defines the Location Policies of the Coastal Program. These policies are also known as the Coastal Location Acceptability Method or CLAM. This presentation of the policies is lengthy and detailed because the coast is large, varied, and complex. The method of applying the policies is, however, relatively simple. 7:7E-2.2 Classification of Land and Water Types The Location Policies classify all land and water locations into a General Area and some into one or more Special Areas. Special Areas are so naturally valuable, or so important for human use, or so hazardous, or so sensitive to impact, or so particular in their planning requirements, as to merit focused attention. Special Areas are defined and given special policies in Subchapter 3. Special Area types are grouped under four broad headings: Special Water Areas; Special Water's Edge Areas; Special Land Areas; and Special Coast Wide Areas. General Areas are general types of locations which classify the whole coastal zone with the exception of the Water's Edge, which is entirely a Special Area. Parts of General Areas may also be classified. as one or more Special Areas. General Areas are defined and given general policies in Subchapters 4 and 5. General Area types are grouped under two broad headings: General Water Areas (Subchapter 4) and General Land Areas (Subchapter 5). 7:7E-2.3 Mapping and Acceptability Determination The Coastal Location Acceptability Method (CLAM) is a nine step process which determines DEP policy for any proposed coastal use in any coastal location. The first six steps are the mapping and policy determination process to assess Location Acceptability, which is the subject of this section. Steps 7 and 8 refine the Location Acceptability Determinations by reviewing the proposed use in terms of Uses and Re'sources Policies. Step 9 is the synthesis of Location, Use and Resource Policies. CLAM Location Policy Analysis: Step 1 - Identify and map site and surrounding region Step 2 - Identify and map Special Areas Step 3 - Determine and map Special Area Policies Step 4 - Identify and map General Areas 79 Step 5 - Determine and map General Areas Policies Step 6 - Map Final Location Acceptability and list Location Policy conditions CLAM Use Policy Analysis: Step 7 - Identify applicable Use Policies, evaluate the proposed use, and, if necessary, modify the Location Acceptabitlity Determi- nation and list Use Policy conditions CLAM Resource Analysis: Step 8 - Identify applicable Resource Policies, evaluate the proposed use, and, if necessary, modify the Location Acceptability Determination and list Resource Policy conditions CLAM Synthesis: Step 9 - Determine final acceptability of proposed use Summarize and synthesize the final acceptability of a proposed use at a proposed location in terms of the applicable Location, Use and Resource Policies. Approval will only be given if a proposal satisfies all three sets of policies. In particular, applicants should note that applica- tions that do not satisfy Location Policies will not be approved even if the Use and Resource Policies are satisfied. 80 SUBCHAPTER 3 - SPECIAL AREAS 7:7E-3.1 Introduction Special Areas are those 39 types of coastal areas which merit focused atten- tion and special management policies. This subchapter divides Special Areas into Special Water Areas (Section 7:7E-3.2 through 7:7E-3.16), Special Water's Edge Areas (7:7E-3.17 through 7:7E-3.27), Special Land Areas (7:7E-3.28 through 7:7E- 3.30), and Coastwide Special Areas (7:7E-3.31 through 7:7E-3.41). Special Water Areas extend landward to 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 is the most extensive. Special Land Areas are landward of the Water's Edge. Coastwide Special Areas may include Water, Water's Edge or Land Areas. , All land or water locations, except Special Water's Edge Areas, are subject to either the Land Area or Water Area General Policies. In addition, certain loca- tions are subject to one or more Special Area policies. All Special Water's Edge Areas are subject to one or more Special Area Policies. Where the applicable General and Special Area policies differ, the Special Area Policies shall be applied. 7:7E-3.2 Shellfish Beds (a) Definition Shellfish Beds are defined as estuarine bay or river bottoms (tidelands) that are productive for hard clams (Mercenaria mercenaria), soft clams (Mya arenaria), eastern oysters (Crassostrea virginica), bay scallops (Argopecten irradians), or blue mussels (Mytilus edulis). A productive bed is one which can be shown to have a history of natural recruitment for one or more of these species, or is leased by the State of New Jersey for shellfish culture, or is a State Shellfish Management Area. (b) Policy (1) Any development which would result in the destruction of presently productive Shellfish Beds is prohibited. The term destruction includes actions of filling to create fast land, overboard dumping or disposal of solids or spoils which would smother present shell- fish populations or create unsuitable conditions for shellfish colonization, or the creation of bottom depressions with anoxic water conditions. Development within Shellfish Beds is condi- tionally acceptable if the development is of national interest and no prudent and feasible alternative sites exist. (2) Any coastal development which would result in contamination or condemnation of Shellfish Beds is prohibited. Development which would significantly alter the salinity regime, substrate character- istics (as through runoff and sedimentation), natural water circu- lation pattern, or natural functioning of the Shellfish Beds, during the construction or operation of the development is prohibited. 81 (3) Water dependent development which requires dredging adjacent to shellfish beds is discouraged and must be managed so as not to cause significant mortality of the shellfish resulting from increase in turbidity and sedimentation, resuspension of toxic chemicals, or to otherwise interfere with the natural functioning of the shellfish bed. New dredging within shellfish beds is prohibited. Maintenance dredging of existing navigation channels is conditionally acceptable with state managed shellfish recovery programs encouraged prior to dredging. (4) if there is a delay of more than one year between completion of permit application review and initiation of approved activity, the site may be required to be resurveyed as the shellfish resource value may have changed during the interim. (c) Rationale Estuarine shellfish are harvested by both commercial and recreational fishermen, with the sport group concentrating on hard clams. Oysters, bay scallops and soft and hard clams are -predominantly commercial species. Commercial dockside landing values in New Jersey for 1978 were $3.43 million for estuarine mollusks, with an estimated retail industry value of $8.6 million. The commercial harvest is estimated to support employment of 1,500 persons in fishing, distribution, processing, and retail. Sport clammers numbered 21,200 in 1978. In addition to direct human consumption, shellfish play an important role in the overall ecology of the estuary. Young clams are important forage foods for a variety of finfish such as winter flounder, crabs and migratory waterfowl especially the diving species. 7:7E-3.3 Surf Clam Areas (a) Definition Waters within the territorial sea of the State of New Jersey which can be demonstrated to support significant commercially harvestable quantities of surf clams (Spisula solidissima), or areas important for recruitment of surf clam stocks. This includes areas where fishing is prohibited for research sanctuary or conservation purposes by N.J.A.C. 7:25-12.1(d)4. (b) Policy Development which would result in the destruction, condemnation, or contamination of Surf Clam Areas is prohibited. Development within Surf Clam Areas is conditionally acceptable only if the development is of national interest and no prudent and feasible alternative sites exist. (c) Rationale The surf clam fishery accounted for dock-side landing values (wholesale) of $7.5 million during 1978 and estimated retail value of $18.9 million. The industry annually generates monies in excess of the retail value, supports employment of over 300 full and part time people in fishing and 1,000 - 1,500 in canning, processing, distribution and industry services. Significant areas of productive water are presently closed due to water pollution. In addition, the massive marine fish kill during the summer 82 of 1976 was estimated to have resulted in the loss of $65 million in sea clam stocks over a seven year period. Surf clam harvesting within New Jersey's territorial sea is regulated by NJDEP. The Mid-Atlantic Regional Fisheries Management Council regulates sea clamming within the Fishery Conservation Zone (200 mile limit). Harvesting is required to be compatible with these agencies, as appropriate. Harvest quotas and other management measures have been adopted for sea clamming (surf clams and ocean quahogs) within the Fishery Conservation Zone. 7:7E-3.4 Prime Fishing Areas (a) Definition Prime Fishing Areas include tidal water areas and water's edge areas which have a demonstrable history of supporting a significant local quantity of recreational or commercial fishing activity. The area includes all coastal jetties and groins and public fishing piers or docks. Prime Fishing Areas also include all red line delineated features within the State of New Jersey's three mile territorial sea illustrated in: B.L. Freeman and L.A. Walford (1974) Angler's Guide to the United States Atlantic Coast Fish, Fishing Grounds and Fishing Facilities, Section III and IV. While this information source applies only to the Delaware Bay and Atlantic Ocean shorefronts, prime fishing areas do occur throughout the coastal zone. (b) Policy Permissible uses of Prime Fishing Areas include recreational and commer- cial finfishing and shellfishing, as presently regulated by NJDEP Divi- sion of Fish, Game, and Wildlife, scuba diving and other water related recreational activities. Prohibited uses include sand or gravel submarine mining which would alter existing bathymetry to a significant degree so as to reduce the high fishery productivity of these areas. Disposal of domestic or industrial wastes must meet applicable State and federal effluent limitations and water quality standards. (c) Rationale Natural bathymetric features, such as the Shrewsbury Rocks and important sand ridges, and artificial structures act as congregation areas for many species of finfish, shellfish, and a diversity of invertebrate species which are essential to marine ecosystem functioning. These areas are heavily utilized by recreational and commercial' fishermen. Commer- cial fishing occurs primarily along the Delaware Bay and Atlantic ocean. Over 2.7 million people annually participate in marine sport fishing and shellfishing in New Jersey. This represents the highest number of participants in any state, from Maine to Maryland. of that total, 1.6 million reside in New Jersey, with the remaining number coming mostly from Pennsylvania and New York (792,000 and 300,000 respectively.) The Mid-Atlantic Regional Fisheries Management Council manages fishing activities seaward of the State's coastal zone. 83 7:7E-3.5 Finfish Migratory Pathways (a) Definition Waterways (rivers, streams, creeks, bays inlets) which can be demon- strated to serve as passageways for diadromous fish to or from seasonal spawning areas, including juvenile anadromous fish which migrate in autumn and those listed by H. E. Zich (1977) "New Jersey Anadromous Fish Inventory" NJDEP Miscellaneous Report No. 41, and including those por- tions of the Hudson and Delaware Rivers within the coastal zone boundary are defined as Finfish Migratory Pathways. Species of concern include: alewife (river herring) (Alosa pseudoharengus), blueback herring (Alosa aestivalis), American shad (Alos-a-s-a-p-ldissima), striped bass (go-rone saxatili"M, and American eel. (b) Policy Development, such as dams, dikes, spillways and intake pipes, which creates a physical barrier to the movement of fish along finfish migra- tory pathways is prohibited, unless acceptable mitigating measures such as fish ladders, erosion control, or oxygenation are used. Develop- ment which lowers water quality to such an extent as to interfere with the movement of fish along finfish migratory pathways or to violate State and Delaware River Basin Commission water quality standards is prohibited. Mitigating measures are required for any development which would result in: lowering dissolved oxygen levels, releasing toxic chemicals, raising ambient water temperature, impinging or suffocating fish, causing silta- tion, or raising turbidity levels during migration periods. Water's edge development which incorporates migration access structures, such as functioning fish ladders, will be conditionally acceptable, provided that the NJDEP, Division of Fish, Game, and Wildlife approves the design of the access structure. (c) Rationale Striped bass are one of New Jersey's most prized sport fish and are actively sought wherever they occur in New Jersey. This species spawns in the Delaware, Hudson and Maurice Rivers. American Shad, once much more numerous and formerly an important commercial species, continue to make an annual spawning run in the Delaware and Hudson Rivers, where there is an active sport fishery. A much reduced commercial fishery exists in the Delaware Bay and River. Herrings are important forage species and spawn annually in many of New Jersey's tidal tributaries including the Raritan and Hackensack Rivers. Herrings are fished during spring runs, for direct human consumption, garden fertilizer and for use as bait. 84 7:7E-3.6 Submerged Vegetation (a) Definition This special area consists of estuarine water areas supporting rooted vascular seagrasses such as widgeon grass (Ruppia maritima) and eelgrass (Zostera marina). Eelgrass beds are limited -to sMaTT-owport ions of the Shrewsbury River, Barnegat Bay and Little Egg Harbor. Widgeon grass is for the most part limited to shallow areas of upper Barnegat Bay. Detailed maps of the distribution of the above species for New Jersey, and a method for delineation, are available from DEP in the DEP-DCR sponsored study, The New Jersey Submerged Aquatic Vegetation Distribution Atlas (Final Report T February, 1980, conducted by Earth Saterri@teCor- poration. (b) Policy Destruction of submerged vegetation beds is prohibited. Mitigation measures are required for all upland developments which would result in erosion or increased turbidity that would adversely affect this special area. Trenching for energy pipelines and submarine cables of national significance will be conditionally acceptable, provided there is no prudent or feasible alternative site, and if the site is restored to original bathymetry and replanted with pre-development vegetation species, if these species have not colonized the site after three years. (c) Rationale New Jersey's estuarine waters are relatively shallow, rich in nutrients and highly productive. The submerged vegetation of these shallow waters serve important functions, as suspended sediment traps, important winter forage for migratory waterfowl, nursery areas for juvenile finfish, bay scallops and blue-claw crabs, and by nourishing fishery resources through primary biological productivity (synthesis of basic organic material) through detrital food webs in a similar manner to salt marsh emergent Spartina cord grasses. in addition, seagrasses absorb wave energy and-TE-eroot networks help stabilize silty bay bottoms. The value of seagrasses was dramatically illustrated during the 1930's when a disease epidemic virtually eliminated eelgrass from the eastern U.S. Atlantic ocean coastline. The number of finfish, shellfish, and water- fowl drastically decreased, threatening their survival. The oyster industry of the Atlantic coast was ruined. Bays became choked with silt and new mud flats were formed. 7:7E-3.7 Navigation Channels (a) Definition Navigation channels include water areas in tidal rivers and bays pre- sently maintained by DEP or the Army Corps of Engineers and marked by U.S. Coast Guard with buoys or stakes, as shown on NOAA/National Ocean Survey Charts: 12214, 12304, 12311, 12312, 12313, 12314, 12316, 12317, 12318, 12323, 12324, 12326, 12327, 12328, 12330, 12331, 12332, 12333, 12334, 12335, 12337, 12341, 12343, 12345, 12346, and 12363. Navigation channels also include channels marked with buoys, dolphins, and stakes, 85 and maintained by the State of New Jersey, and access channels and anchorages. Navigation channels are approximately parallel to the river bed. Access channels are spurs that connect a main navigation channel to a terminal. Anchorages are locations where vessels moor within water at or near the water's edge for the purpose of transferring cargo, or awaiting high tide, better weather, or fuel and terminal availability. (b) Policy New or maintenance dredging of existing navigation channels, is condi- ,tionally acceptable providing that the condition under the new or main- tenance dredging policy is met (see Section 7:7E-4.10(e) and (f)). Development which would cause terrestrial soil and shoreline erosion and siltation in navigation channels shall utilize appropriate mitigation measures. Development which would result in loss of navigability is prohibited. (c) Rationale Navigation channels are essential for commercial and recreational surface water transportation, especially in New Jersey's back bays where water depths are very shallow. Channels play an important ecological role in providing estuarine circulation and flushing routes, and migration pathways and wintering and feeding habitat for a wide diversity of finfish, shellfish, and waterfowl. Navigational channels, access channels and anchorages form a network of areas that have a depth sufficient to enable marine trade to operate at the limiting depth of the channel. If one part of the system is not maintained, the entire system might be unable to function. 7:7E-3.8 Canals (a) Definition Canals are navigation channels for boat traffic through land areas which are created by cutting and dredging or other human construction technique sometimes enlarging existing natural surface water channels. The Cape May, Bay Head-Manasquan, and Delaware and Raritan Canals are the princi- pal examples in the New Jersey Coastal Zone. (b) Policy The Cape May and Bay Head-Manasquan Canals are man-made tidal guts. Development in these canals must be consistent with the General Water Area policies for Tidal Guts (7:7E-4.7) as well as with the following policies: 1. In canals presently used for navigation, such as the Cape May and Bay Head-Manasquan canals, the following policies shall apply: (i) Aquaculture, filling, dams and impoundments,-and any other use which would interfere with existing or proposed canal boat traffic is prohibited. 86 (ii) Maintenance dredging is encouraged as needed provided that an acceptable spoil disposal site is available and turbidity is controlled. 2. In the Delaware and Raritan Canal, and in the surrounding Review Zone established by the Delaware and Raritan Canal Commission, development must be consistent with the Rules and Regulations of the Review Zone of the Delaware and Raritan Canal State Park (N.J.A.C. 7:45-1-1). (c) Rationale Canals represent a large capital investment to create boat traffic routes. Of the coastal canals, the Cape May and Manasquan-Bay Head canal are still used extensively for their original purpose. Maintenance of this original function is encouraged. Abandoned canals offer recreational opportunities. The Delaware and Raritan Canal is being redeveloped as a State park with recreational boating and continued use as a water supply facility. This re-use is encouraged. 7:7E-3.9 Inlets (a) Definition Inlets are natural channels through barrier islands allowing movement of fresh and salt water between the ocean and the backbay system. Inlets naturally have delta fans of sediment seaward and landward de- posited by the ebb and flow of the tide. The seaward limit of an inlet is defined as the seaward extent of the ebb delta fan. The landward limit is defined as the inland extent of the flood delta fan. If there is doubt about the extent of these fans, the applicant shall submit up-to-date bathymetric surveys and DEP staff will determine the boundary on a case-by-case basis. (b) Policy Inlets consists of an ocean portion and a Semi-enclosed or Back Bay portion. Development in Inlets must be consistent with the General Water Area Policy for one of these water area types, and with the following policies. 1. Filling is prohibited. 2. Submerged Infrastructure is discouraged. (c) Rationale Inlets play a vital role in the estuarine ecosystem. They control patterns of backbay currents, salinity and nutrient distribution and provide migratory pathways between the ocean and the back bays for marine and estuarine species. 87 Submerged infrastructure is a hazard in inlets since the strong currents may expose and break the pipes or cables. There is also a possibility of anchors snagging and breaking the infrastructure. 7:7E-3.10 Marina Moorings (a) Definition Marina moorings are areas of water that provide mooring and boat maneuv- ering room as well as access to land and navigational channels for recreational boats. Typically maintenance dredging is required to preserve water depth. (b) Policy 1. Any use that would detract from existing or proposed recreational boating use in marina mooring areas is discouraged. 2. Maintenance dredging in the marina mooring and access channel is encouraged provided that turbidity is controlled and that there is an acceptable dredge spoil disposal site. (c) Rationale Marinas are a key element in New Jersey's coastal resort economy. The maintenance of existing marina areas and the protection of these areas from competing uses which would detract from the recreational service they provide is, therefore, a high priority. 7:7E-3.11 Ports (a) Definition Ports are water areas having, or lying immediately adjacent to, concen- trations of shoreside marine terminals and transfer facilities for the movement of waterborne cargo (including fluids), and including facilities for loading, unloading and temporary storage. Ports are found in Newark, Elizabeth, Jersey City, Weehawken, Hoboken and Camden. NOTE: Policies for a docking facility or concentration of docks for a single industrial or manufacturing facility may be found under the General Water Area Policy for Docks and Piers (Section 7:7E-4.11). (b) Policy 1. Any use which would preempt or interfere with port uses of this water area is prohibited. 2. Aquaculture and dumping of solid or semi-solid waste is prohibited. 3. Boat ramps for recreational@boating are discouraged. 4. Docks and piers for cargo movement are an encouraged use. 5. Filling to create docks or quays is conditionally acceptable if docks and piers built on pilings are not feasible. 88 (c) Rationale The ports of New Jersey are components of two of the nation's three largest port districts -- the New York-New Jersey Port District and the Delaware River Port District. The Port of Newark-Elizabeth is the nation's largest containerport. Shipping is a major industry in the state as well as an important contributer to the well-being of other state industries. A set of policies aimed at encouraging the use and expansion of existing ports, while discouraging the sprawl of port uses into undeveloped areas will, therefore, be an element of coastal policy. 7:7E-3.12 Submerged Infrastructure Routes (a) Definition A submerged infrastructure route is the corridor in which a pipe or cable runs on or below a submerged land surface. (b) Policy Any activity which would increase the likelihood of infrastructure damage or breakage, or interfere with maintenance operations is prohibited. (c) Rationale Submerged infrastructure routes are a large capital investment and much depends on the safe functioning of the infrastructure. Both human and natural systems suffer from accidental breakage, especially of large oil or gas pipelines. Activities which increase hazard for submerged infra- structure must therefore be excluded. 7:7E-3.13 Shipwrecks and Artificial Reefs (a) Definition This Special Area includes all permanently submerged or abandoned remains of vessels which serve as a special marine habitat and are within the ocean waters of the State of New Jersey three mile territorial sea, but outside of Navigation Channels. Known sites include those shown either on National Ocean Survey (N.O.S.) Charts listed in the definition above of the Navigation Channel Special Area, or listed in: W. Krotee and R. Krotee Shipwrecks Off the New Jersey Coast (1966) and B.L. Freeman and L.A. Walford Angler's Guide to the United States Atlantic Coast Fish, Fishing Grounds, and Fishing Facilities (1974). Uso included in this' category are artificial M-hingreefs which serve the same natural function as a habitat for living marine resources. (b) Policy Acceptable uses include recreational and commercial finfis hing and shellfishing, scuba diving, research and expansion of artificial reefs by the deposition of additional weighed non-toxic material, provided it can be demonstrated that additional material will not wash ashore, or interfere with either navigation as regulated by U.S. Coast Guard or commercial fishing operations. 89 Prohibited uses include commercial salvage of wrecks, submarine sand or gravel mining which would destroy ecological or physical stability, and sewage or industrial waste disposal. (c) Rationale Shipwrecks and other natural or artificial materials can serve as cri- tical habitat for benthic finfish and lobsters, and other invertebrates which prefer shelter in hard substrates otherwise uncommon in New Jersey's marine waters. These areas function as congregation areas for migratory species and support extensive recreational fishing by private boats, commercial party boats, and commercial lobstering. Shipwrecks are also fragile historic and cultural resources. Scuba diving club members from New Jersey and other states visit these resources. This policy applies only to ocean areas and does not conflict with waterfront clean- up efforts. 7:7E-3.14 Estuarine or Marine Sanctuary (a) Definition An Estuarine or Marine sanctuary is a specific geographic area located within ocean'waters, from the highest extent of tidal action seaward to the outer edge of the Continental Shelf, which has been designated by the Secretary of Commerce after approval by the President of the United States. Any sanctuary within New Jersey's coastal zone would not become effective if within 60 days of designation the Governor disapproved. Under Title III of the Marine Protection, Research and Sanctuaries Act of 1972 (P.L. 92-532), a marine sanctuary can be established for the purpose of preserving or restoring marine areas for various values. To date, there are no designated marine sanctuaries within New Jersey. The Office of Coastal Zone Management within NOAA is presently reviewing all recom- mendations, including those within the Mid-Atlantic states. DEP sub- mitted six recommendations to NOAA in 1977, including the Hudson Canyon, Shrewsbury Rocks, Great Bay estuary, shipwrecks, inlets, and offshore sand ridges. Designation of one or more of these areas as Estuarine or Marine sanctuaries in New Jersey's nearshore and offshore areas requires joint actions by the Governor of New Jersey and the U.S. Secretary of Commerce, and could take place during 1981. New Jersey is currently pursuing the nomination of an estuarine, but not a marine sanctuary. (b) Policy Management principles in the selected areas will serve to preserve and protect the areas, as well as indicate what actions are not permissible in the area. Non-permissible uses will be dependent on the five basic purposes for designation, which include: habitat areas, species areas, research areas, recreational and esthetic areas, and unique or excep- tional areas. After designation, activities not compatible with the basic purposes will be prohibited or restricted,.but in general all other uses are allowed. Final policy in marine sanctuaries must be approved jointly by the Governor of New Jersey and the U.S. Secretary of Commerce. 90 (c) Rationale Certain portions of the Atlantic Ocean and adjacent estuaries are of special national and regional value which could be adversely impacted by development likely to take place in the future, especially activities related to offshore oil and gas development. It is in the long-term interest of the people of the Nation to identify, protect, and manage these special areas. 7:7E-3.15 Wet Borrow Pits (a) Definition Wet borrow pits are scattered perennial man-made lakes that are the results of surface mining for coastal minerals extending below ground- water level to create a flooded depression. This includes but is not limited to, flooded sand, gravel and clay pits, and stone quarries. (b) Policy 1. Proposed uses which would promote the wildlife habitat and scenic amenity values of wet borrow pits are encouraged. 2. Surface mining is conditionally acceptable provided the Use Policies for Mining are complied with. 3. Recreational use of wet borrow pits is acceptable provided that wildlife habitat disturbance in minimized. 4. Disposal of dredge spoil is conditionally acceptable provided that: (i) the spoil is clean and non-toxic, of an appropriate particle size for the site, and will not disturb groundwater flow or quality. (ii) at least half of the water area in existence at the time of the first coastal permit application for filling of the pit remains as surface water in pattern designed to maximize wildlife habitat value and create wetland areas, except that the entire lake may be filled if necessary to prevent the lake from acting as a channel for salt water intrusion into aquifers. 5. Filling of wet borrow pits for residential construction is conditionally acceptable provided that: (i) the fill is clean and will not degrade groundwater quality, (ii) at least half of the water area in existence at the time of the first coastal permit application for filling of the pit is left as open water, (iii) land-water edges are maximized and vegetated to promote native wildlife, 91 (iv) there is designation of a water quality buffer zone around water areas of at least fifty feet. Structures and paving, except at limited water access points, are prohibited in the water quality buffer. In general, the water quality buffer area shall be allowed to succeed naturally to water's edge wetland and forest with minimum disturbance and runoff, (v) a program for water quality monitoring and maintenance is included with the application, and (vi) that recreational uses in water and water quality buffer areas minimize wildlife disturbance. 6. Discharge of liquid or solid waste, other than clean dredge fill of acceptable particle size, is prohibited. (c) Rationale Wet Borrow Pits are a special category of the General Water Area type Lakes, Ponds and Reservoirs. The Special Area Policies for Wet Borrow Pits are less restrictive than the policies for other Lakes, Ponds and Reservoirs in that they allow Sand and Grave Extraction, Dredge. Spoil Disposal and Filling, under specified conditions. This is because they are already disturbed sites. Also, they are of relatively recent origin and, typically, vegetative succession is not as far advanced as along natural lakes. Wet Borrow Pits, therefore, tend to be less important as wildlife habitats then natural lakes. Finally, they are not connected to the wider estuarine system by streams. On the other hand, their separation from streams means that they are most susceptible to water quality impacts caused by runoff. The water is still, and the only water loss is through groundwater seepage and evaporation. Sediment collects quickly, enlarging marsh areas, and the eutrophic conditions that lead to sudden oxygen loss are concentrated by evaporation. Low levels of toxicity are quickly bio-magnified to fatal levels. In general, these still waters are much more sensitive to impacts of all kinds than flowing water. Undisturbed wet borrow pits can become wildlife habitats for aquatic, amphibian and terrestrial species, offering productive edges, shallow waters, wetland areas and important breeding and migratory habitats. Proposals that include borrow pits as wildlife preserves are, therefore, encouraged. Low intensity recreation which takes advantage of the scenic amenities of these lakes is also desirable if wildlife disturbance is minimized. Wet borrow pits were created by mining operations. Continued mining of sand and gravel at these sites would be less environmentally dis- ruptive than mining operations at new sites. There is a severe shortage of dredge spoil disposal sites in New Jersey. The filling of wet borrow pits is essentially a reverse of the mining operation which created them, and is less impactive than filling natural 92 depressions, provided that the spoil is clean and non-toxic and the particle size matches the neighboring natural substrates closely enough as not to disturb groundwater movement. If the filling of wet borrow pits is designed to retain some surface water area, and to maximize land-water edges, much of the wildlife value can be preserved while providing needed spoil disposal sites. The value of Wet Borrow Pits as wildlife habitat may be enhanced by limited fingers of fill to enlarge the land-water interface. Filling can also create sites for waterfront housing. Since residential con- struction sites near surface water are much in demand, it is desirable to allow some residential and related uses, provided that housing is consistent with Location and Use Policies, water quality is maintained, and a water quality buffer is preserved along the water's edge. The buffer would not block visual or physical access to the water, but would preserve water quality and provide wildlife habitat. Medford Lakes provides an example of an attractive residential community built around Wet Borrow Pits, but siltation and eutrophication provide evidence for the need for a water quality buffer area. 7:7E-3.16 Intertidal Flats (a) Definition Intertidal Flats are extensive areas between the mean high water line and mean low water line along tidal bayshores. Intertidal flats are found along Delaware Bay in Cape May County and in other tidal bayshores. (b) Policies 1. Development, filling, new dredging or other disturbance of inter- tidal flats is discouraged. 2. Submerged infrastructure is conditionally acceptable, provided that (i) there is no feasible alternative route that would not disturb intertidal flats, (ii) the infrastructure is buried deeply enough to avoid exposure or hazard, and (iii) all trenches are backfilled with naturally occuring sediment. (c) Rationale Intertidal flats play a critical role in estuarine ecosystems. They are a land-water ecotone, or ecological edge where many material and energy exchanges between land and water take place. They are critical habitats for many benthic organisms and are critical forage areas for many migrant waterfowl. The sediments laid down in intertidal flats contain much organic detritus from decaying land and water's edge vegeta- tion, and the food webs in these areas are an important link in the maintenance of estuarine productivity. Pre-servation is, therefore, the intent of these policies, with limited exceptions to allow for needed water-dependent uses and submerged infrastructure. 93 SPECIAL WATER IS EDGE TYPES - MAINLAND (Schematic of Typical Stream Corridor Outside Bay and Ocean Shore Area) Figure 13 500' GENERAL LAND AREA 500' !S"`@@@@ . . . . . . . . . . . . INTERMITTENT A w STREAM BORROW PIT .. . .... . . .. . . . . . . .. .. .. .. ... STREAM Ub= Al COASTAL ZONE BOUNDARY WETLANDS INTERMITTENT STREAM CORRIDOR r772!2= COASTAL BLUFF ROAD OCEAN GRANBERRY BOG WET BORROW PIT MARGIN ALLUVIAL FLOOD MARGIN FLOODPLAIN 94 F(WKE 14: <-PEC-(AL- WATLR'S SD(.C- TYMS - 13ARMeIR I.SLAND W 4r,.l &I(TIZAL 'AMO I OCEAR WEI MkINLArNO I ifilt I PONE RIER CENTICAL BAR (%kmv CoUlDoit- C04'rit ^L M&TO P- At L. lktSA4 ;ILLED 2. CKOSS temom - I ima cslc- AtM FILLED PTAUVED HEAD WA&L K Fillsil N (m LAWk EM-14 DUNG& s"161A #L BACK13AY WETLAND ATLARnr- OCON MAI -CEMTkAL OILZIbOlt ir -RLLEb Wkieo,S EXPE: IK P& 95 7:7E-3.17 Filled Water's Edge (a) Definition Filled Water's Edge areas are existing filled areas lying between Wetlands or Water Areas, and either: (1) the upland limit of fill, or (2) the first public road or railroad landward of the adjacent Water Area, whichever is closer to the water. Some existing or former dredge spoil and excavation fill areas are Filled Water's Edge Area. (b) Policies 1. Water dependent (see section 7:7E-1.6(c) for definition) uses are acceptable in the Filled Waters' Edge. 2. Non-water dependent development in the Filled Water's Edge is conditionally acceptable provided (a) it would not preempt use of the waterfront portion of the Filled Water's Edge for potential water dependent uses, and (b) it would not prevent public access along the water's edge. (c) Rationale Filled Water's Edge areas are of less environmental concern than u ndis- turbed water's edge areas. The buffering functions of the water's edge have already been largely lost through excavation, filling and the construction of retaining structures. It is acceptable to allow certain kinds of development up to the limit of fill. Because the waterfront is a scarce resource, it is desirable to limit waterfront development in these areas to uses that are water dependent unless, because of their location, they do not have the potential to attract water dependent uses. 7:7E-3.18 Existing Lagoon Edge (a) Definition Existing Lagoon Edges are defined as existing, undeveloped, man-made land areas resulting from the dredging and filling of wetlands, bay bottom and other estuarine areas for the purpose of creating waterfront lots along lagoons for residential and commercial development. The land area may be stabilized by a retaining structure. Existing Lagoon Edges extend upland to the limit of fill, or the first public road or railroad generally parallel to the Water Area, whichever is less (Figure 15). (b) Policy Development of Existing Lagoon Areas is acceptable provided that: 1. reclamation of the site to its natural state is infeasible, 2. the proposed development is compatible with adjacent land and water uses, 96 Figure 15 EXISTING LAGOON EDGE q,H LIMIT OF A A A A 04 FILL @@. @ mig flHn, A A A A A 0 FIRST ROAD TIDAL WATERS::,@@ OR RAILROAD A A A ^.0-. A @A A A A E] EXISTING LAGOON EDGE 97 3. existing unstabilized slopes are stabilized using vegetation, to the maximum extent practicable, and 4. existing retaining structures are adequate to protect the proposed development, or appropriate improvements are proposed for the retaining structure. (c) Rationale This policy is designed to promote the reclamation of as much filled land. as possible. Filled lands adjacent to water areas, especially existing, undeveloped lagoons, represent potential problems for water quality. The slope must be stabilized in order to prevent eros iion, turbidity and loss of estuarine productivity. These problems have been well documented in Grant F. Walton, et al., Evaluation of Estua- rine Site Development Lagoons (New Bruns_71"c'@_, N Rutgers-Water Resources Research Institute, 1976). Thousands of undeveloped build- ing lots exist along stabilized and unstabilized lagoons created by destroying wetlands in the 1950's and 1960's. Development of these residential lots is acceptable provided that water quality standards are met and the banks of the filled areas are revegetated, or retained, since the fundamental and near irretrievable damage to the natural environment of these areas took place a decade or more ago. State coastal policy now precludes the development of new lagoons for residential development. 7:7E-3.19 Natural Water's Edge-Floodplains a) Definition Natural Water's Edge-Floodplains are the Flood Hazard Areas around rivers, creeks and streams as delineated by DEP under the Flood Hazard Area Control Act (N.J.S.A. 58:16A-50, or by the Federal Emergency Management Agency (FEMA); or the Flood Hazard Area around other coastal water bodies as defined by FEMA. Floodplains include the areas subject to both tidal and fluvial flooding. Where Flood Hazard Areas have been delineated by both DEP and FEMA, the DEP delineations shall be used. Where Flood Hazard Areas have been delineated by neither DEP nor FEMA, the 10-foot contour line shall be used as the inland boundary of the Floodplain. The seaward boundary shall be the mean high water line. The Natural Water's Edge-Floodplain policy shall not apply on Barrier Islands Spits or Headlands nor in portions of a Fl-oodplain which meet the dehnition of another Special Water's Edge type (Filled Water's Edge, Exising Lagoon Edge, Alluvial Flood Margins, Beach and Dune Systems, Central Barrier Island Corridor, Wetlands, Cranberry Bogs, Wet Borrow Pit Margins, Coastal Bluffs, Intermittent Stream Corridors). A complete list of streams where DEP has delineated the Flood Hazard Area can be found at N.J.A.C. 7:13-1.11 et seq. The U.S. Army Corps of Engineers has delineated the tidal Floodplain for FEMA in most Coastal Zone municipalities. The geographic extent of the tidal flood hazard areas are indicated on USGS topographic maps at a scale of 1:24,000 as "flood prone" areas. 98 (b) Policies 1 Development is prohibited in the Natural Water's Edge-Floodplains within 100 feet of a navigable water body, unless the use is water dependent. NOTE: "Navigable" and "water dependent" are defined at 7:7E-1.6(c). 2. Development elsewhere in the Natural Water's Edge-Floodplains is discouraged unless: (i) it has no feasible alternate site, and (ii) it would not preempt use of the waterfront portion of the Floodplain for potential water dependent use. 3. Development must be consistent with all other coastal policies, in particular the performance standards found in the Flood Hazard Area Resource Policy (7:7E-8.23). 4. Detention basins are prohibited in river floodplains. (c) Rationale The goal of this policy is to reduce losses of life and property result- ing from unwise development of floodplains, but to allow uses compatible with. periodic flooding -- agriculture and forestry, recreation, and fish and wildlife habitat -- and uses which require a Water's Edge location. This policy is consistent with national objectives as expressed in the President's Executive Order 11988 on Floodplain Management. It is also consistent with the State Waterfront Development Law's objective of safeguarding port facilities and waterfront resources for the public's overall economic advantage. The policy will ensure that the State's waterfront is not pre-empted by uses which could function equally well at inland locations. River Floodplains are subject to flooding in severe fluvial storms. They are also critical elements of the coastal ecosystem, providing flood storage capacity, physical and biochemical water filtration, primary productivity and wildlife habitats. For these reasons, the preferred policy is to preserve these corridors in their natural state with native adapted forest vegetation, allowing limited exceptions for water dependent uses and uses for which there is no feasible alternate location. This policy applies only to Floodplains which have not been disturbed by filling. Sites subject to this policy, therefore, tend to be in a more natural state than sites subject to the Filled Water's Edge Policy. Accordingly, this policy is more restrictive, discouraging development which has an alternate feasible location or which would unnecessarily disturb vegetation, and requiring water dependency within 100 feet of a navigable water body. 99 By discouraging development which has a feasible alternate location, this policy will tend to be most restrictive in undeveloped parts of the state, where there will tend to be more alternate locations for proposed development. An alternate location will not be considered feasible if it conflicts with adopted State policy. For example, if a commercial development is proposed in an urban downtown, which happens to be a Natural Water's Edge-Floodplain, a suburban location would not be considered a satisfactory feasible alternative. Development found acceptable in Floodplains would, of course, have to be found consistent with public safety objectives and would have to meet the floodproofing requirement of the Flood Hazard Area Resource Policy. 7:7E-3.20 Alluvial Flood Margins (a) Definition Alluvial Flood Margins are mainland areas adjacent to, and upland from, Floodplains. They extend inland to the limit of alluvial soils with a seasonal high water table equal to, or less than, one foot. Alluvial soils are those developing in recent sediment deposited by surface water and exhibiting essentially no modification of the deposited materials. NOTE: Where an Alluvial Flood Margin is also an Intermittent Stream Corridor, only the Intermittent Stream Corridor Policies (Section 7:7E- 3.27) shall apply. (b) policy 1. Wildlife refuge and low intensity recreational use is encouraged. 2. Development is discouraged in Alluvial Flood Margins unless no feasible alternative site exists, or it is a landward extension of a water dependent use. (c) Rationale Alluvial flood margins are parts of floodplains. Although above the 100 year flood level, they have been deposited by flood waters and do provide flood storage capability in the severest storms. If left undisturbed they contribute to the critical water quality buffering and wildlife habitat functions of floodplains and provide some primary productivity to estuaries through nutrients flushed to adjacent bays, rivers or streams. The high water table and compressiblility of these areas make them costly for development. Conservation is the preferred use. 7:7E-3.21 Beach and Dune Systems (a) Definition Beach and Dune Systems include five components: Beaches, Dunes, High Risk Beach Erosion Areas, Sand Accretion Areas, and Overwash Areas (See Figure 16). These components are defined as follows: 100 F IGORE 14D 5clifmhrlc 'or- SEACM AND DOME wpnit A ATLANTIC OCIA.M ME Roi All p t47 -Q 0 0-1 r 4Q ip .0 13EM A. A* 01%. 0% 0 101 1 Beaches are gently sloping areas of unconsolidated material, typically sand, that extend landward from the water to the area where a definite change takes place either in material or physio- graphic form, or to the line of vegetation. The upland limit of beaches is typically defined by the vegetation line or the first cultural feature, such as a road, seawall, or boardwalk. Beaches are divided into the "wet beach", the area at and below the mean high water line, and the "dry beach", the area above the mean high water line. The wet beach area is impressed with the Public Trust Doctrine. While New Jersey Beaches are located primarily along the Delaware and Raritan Bays and the Atlantic Ocean, a few beach areas also exist elsewhere -- in Perth Amboy and along the Delaware River, for example. 2. A dune is a ridge or mound of loose wind-blown material, usually sand, sometimes vegetated, roughly parallel and upland from a beach. Its inland limit is the landward extent of the deposited material. Dunes include the following subcategories: (i) foredunes or primary dunes. These are the front dunes imme- diately behind the backshore of the beach, (ii) primary backdunes and secondary and tertiary dunes. These are backslope of the foredune and extend from the dune ridges immediately landward of the foredune to the inland toe of the most inland slope, (iii) migrating dunes. These are dunes which have changed location through time. Coastal dunes generally migrate inland, (iv) artificial dunes. These are accumulation of sediment in dune form which have been built by any non-natural process such as bulldozing or sand fencing, (v) stabilized dunes. These are dunes maintained in a fixed location by artificial means, (vi) dune fields. These include but are not limited to any combi- nation of the dune types defined in this section. 3. High Risk Beach Erosion Areas are ocean or inlet shorelines that are eroding and/or have a history of erosion, causing them to be highly susceptible to further erosion and damage from storms. High Risk Beach Erosion Areas may be identified by any one of the following characteristics: (1) Lack of beaches (2) Lack of beaches at high tide (3) Narrow beaches (4) High beach mobility (5) Foreshore extended under a boardwalk (6) Low dunes or no dunes (7) Escarped foredune 102 (8) Gaps in dune fields (9) Steep beach slopes (10) Cliffed bluffs adjacent to beach (11) Insufficient dune or bluff vegetation (12) Exposed, damaged or breached jetties, groins or seawalls (13) High long-term erosion rates (14) Pronounced downdrift effects of groins (jetties) High Risk Beach Erosion Areas extend inland to the limit of the area likely to be eroded in 'less than 50 years or to the first public paved road, whichever is less. The illustrative High Risk Beach Erosion Areas identified by DEP in 1977 may become Overwash Areas, Guts, Ocean or some other land or water type after a storm. 4. Sand Accretion Areas are areas where littoral offshore or other natural currents or storms have deposited sufficient sand that new land is forming. In some cases dune grasses and other water's edge vegetation may be starting to grow. 5. Overwash Areas consist of an overwash fan and throat. An overwash fan is a gently sloping, conical accumulation of sediment deposited landward of the beach by the overwash processes that result from storm wave activity. An overwash throat is a low narrow area through the foredune where water passes during storms and carries sediment to the overwash fan. The seaward limit of overwash sedi- ment is the throat. The landward limit of overwash is the inland limit of sediment transport. (b) Policies 1. Activities that adversely affect the natural functioning of the Beach and Dune System are discouraged unless, specifically permitted by policies 2, 3, 4, or 5. 2. The following activities are conditionally acceptable in the Beach and Dune System. M Demolition and removal of paving and structures, (ii) Sediment deposition to create new dunes, (iii) Planting of adapted vegetation, (iv) Development of limited unpaved pedestrian walkways through dunes and overwash areas to the beach, W Shore Protection Structures which meet the Use conditions of Section 7:7E-7.11(e). 3. Public access to beaches is encouraged. Coastal development that unreasonably restricts public access to beaches is prohibited. 4. If a Sand Accretion Area obstructs a navigation channel, main- tenance dredging is conditionally acceptable provided that an acceptable dredge spoil disposal site is used (See Sections 7:7E- 4.10(g) and 7:7E-7.12). 103 5. Shore protection structures or other waterfront developments in or adjacent to High Risk Beach Erosion Areas that would contribute to significant updrift or downdrift erosion or accretion are dis- couraged. (c) Rationale 1. Beaches Undeveloped beaches are vital to the New Jersey resort economy. Unrestricted access for recreational purposes is desirable so that the beaches can be enjoyed by all residents and visitors of the state. Public access will be required for any beaches obtaining state funds for shore protection purposes. Beaches are subject to coastal storms and erosion from offshore currents. Public health and safety considerations require that structures be excluded from beaches to prevdnt or minimize loss of life or property from storms and floods, except for some shore protection structures and linear facilities, such as pipelines, when nonbeach locations are not prudent or feasible. Wet sand beaches have been designated a Geographic Area of Particular Concern (GAPC) by DEP under the federal Coastal Zone Management Act. 2. Dunes Ocean and bayfront dunes are an irreplaceable physical feature of the natural environment possessing outstanding geological, recrea- tional, scenic and protective value. Protection and preservation in a natural state is vital to this and succeeding generations of citizens of the State and the Nation. The dunes are a dynamic migrating natural phenomenon that helps protect lives and property in adjacent landward areas, and buffers barrier islands and barrier beach spits from the effects of major natural coastal hazards such as hurricanes, storms, flooding and erosion. Natural dune systems also help promote wide sandy beaches and provide important habitat for wildlife species. Extensive destruction of dunes has taken place in this century along most of the coast. This disruption of the natural pro- cesses of the beach dune Sy stem has led to severe erosion of some beach areas, jeopardized the safety of existing structures on and behind the remaining dunes and upland of the beaches; increased the need to manage development in shorefront areas no longer protected by dunes; interfered with the sand balance that is so essential for recreational beaches and the coastal resort econ- omy; necessitated increased public expenditures by citizens of the entire State for shore protection structures and programs; and increased the likelihood of major losses of life and property from flooding and storm surges. The policy encourages the natural functioning of the dune system and encourages restoration of destroyed dunes, to protect and enhance the coastal beach dune areas, and to devote these precious areas to only those limited land uses which preserve, protect and enhance the natural environment of the dynamic dune system. 104 3. High Risk Beach Erosion Areas As a result of continuing rising sea levels and active storm- induced sand movement and offshore currents (littoral drift), the Atlantic coastline of New Jersey is a retreating shore. Coastal erosion also affects the bayshores of New Jersey. The rate of retreat, or erosion, is not uniform, and varies locally depending upon the nature and magnitude of coastal processes operating within individual parts of the shoreline. Certain parts of the shoreline have a higher risk for further erosion. Development other than restoration measures should be sharply restricted in these areas in order to protect public safety and prevent loss of life and property. In 1977, The Center for Coastal and Environmental Studies at Rutgers University completed a study commissioned by DEP entitled Coastal Geomorphology of New Jersey, which analyzed the problems of shoreline erosion, classiFled -the shoreline and identified fourteen specific examples of high risk erosion areas: 1. Cumberland County - Delaware Bay Shore (developed portions along bayshore) 2. Middle Township (developed portions of bayshore), Cape May County 3. Cape May City 4. Northern Wildwood (where Hereford Inlet fronts beach) 5. Strathmere (Putnam Avenue to end of developed island) 6. Ocean City Ord St. to 18th St.) 7. Ocean City (E. Atlantic Blvd. to Newcastle Rd.) 8. Atlantic City (where Absecon Inlet fronts beach, oriental Ave. to Parkside) 9. Barnegat Light (8th to 4th St.) 10. Loch Arbour to Elberon 11. Long Branch 12. Sea Bright and Monmouth Beach 13. Raritan Bay (developed portions along bayshore) 14. Sea Isle City (southern half) 4. Sand Accretion Areas Natural shoreline processes transport sand eroding in one place and deposit it in another. The sand accretes in deposition areas to form new beaches and dunes. This process is an important part of the natural shore protection against storms and should not be hindered. The practice of bulldozing these accretion areas for beach nourishment or other purposes is specifically against the intent of this policy. 5. Overwash Areas Overwash Areas indicate weaknesses in natural and bu ilt shore protection. Hazard has been demonstrated, often with extensive property damage. This is a natural shoreline movement process associated with storms and rising sea level and is one of the processes by which barrier islands migrate inland. Overwash Areas 105 are unsuitable locations for further development, and public funds should not be used to rebuild damaged shore protection struc- tures. The return of these areas to a natural state, particularly if new dune formation is promoted is, therefore, desirable. 7:7E-3.22 Central Barrier Island Corridor (a) Definition The Central Barrier Island corridor is that portion of barrier islands and s.pits or peninsulas (narrow land areas surrounded by both bay and ocean waters and connected to the mainland) that lies upland of Wetlands, Beach and Dune Systems, Filled Water's Edges, and Existing Lagoon Edges that line the ocean and bay sides of a barrier island or spit. Central Barrier Island Corridor does not apply to the headlands of northern ocean County, Monmouth County, and the tip of Cape May County, which are part of the mainland. (b) Policies 1. New or expanded development within the Central Barrier Island Corridor is conditionally acceptable provided that the criteria for High Development Potential are met, as defined in the policy for Land Areas (see Section 7:7E-5.5). 2. The acceptable density of new development shall be determined using the high-rise policy for residential structures. (c) Rationale All of New Jersey's barrier islands and spits, except for Pullen Island in the Brigantine National Wildlife Refuge, are developed to varying degrees, largely as a result of incremental decisions made beginning more than one hundred years ago. Because the public facilities (roads and utilities) necessary to support urban and resort development already exist, and should be protected on New Jersey's barrier islands, and because development pressure is intense on barrier islands, the accept- ability for development is to be determined by the Location Policy's 7 criteria for residential development on Land Areas. Use of the high development potential criterion will generally accept infill projects and discourage extensions of development on barrier islands and spits. The high-rise policies will limit sharp increases in density on the presently developed islands. The policy recognizes the diversity of New Jersey's barrier islands, from Absecon Island with the resort city and urban center of Atlantic City to Long Beach Island with largely single-family seasonal homes. Implementa- tion of the policy is expected to reinforce the existing character of New Jersey's developed barrier islands and not add appreciably to the public service costs and emergency evacuation (in times of hurricanes) problems of these islands. 106 7:7E-3.23 Wetlands (a) Definition Wetlands are areas where the substrate is inundated or saturated by surface or groundwater water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions which are subject to the Wetlands Act, or the Coastal Area Facility Review Act (CAFRA) or the Waterfront Development Law. Wetlands regulated under the Wetlands Act of 1970 are delineated at a scale of 1:2,400 on official maps as listed at N.J.A.C. 7:7A-1.13. All coastal wetlands situated in the Raritan Basin, south along the Atlantic Ocean and north along Delaware Bay and River are subject to the Wetlands Act. Under CAFRA, DEP regulates freshwater wetlands and forested wetlands such as white cedars on sites proposed for the major developments requiring a CAFRA permit. Generalized location maps of White Cedar Stands and other woody wetlands can be found in J. McCormick and L. Jones, The Pine Barrens Vegetation (1973), and forest type maps within DEP's Bureau of Forestry, and, in some areas, in the vegetation maps prepared by the N.J. Pinelands Commis- sion for the Comprehensive Management Plan. The Waterfront Development Law under the proposed rules will regulate all wetlands north of the Raritan Basin, except for some areas within the Hackensack Meadowlands District, and all coastal wetlands along the Delaware River not regulated under the Wetlands Act. Generalized locations of some wetland types can be found in county soil surveys prepared by the U.S. Department of Agriculture, Soil Conservation Service. (b) Policy 1. In general, development of all kinds is prohibited in wetlands, unless DEP can find that the proposed development meets the fol- lowing four conditions (see also N.J.A.C. 7:7A-1.5 and 1.7): M Requires water access or is water oriented as a central purpose of the basic function of the activity (this policy applies only to development proposed on or adjacent to water- ways), NOTE: This means that the use must be water dependent as defined in Section 7:7E-1.6(c)8. (ii) Has no prudent or feasible alternative on a non-wetland site, 107 (iii) Will result in minimum feasible alteration or impairment of natural tidal circulation (or natural circulation in the case of non-tidal wetlands), and (iv) Will result in minimum feasible alteration or impairment of natural contour or the natural vegetation of the wetlands. 2. In particular, dumping solid or liquid wastes and applying or storing certain pesticides on wetlands are prohibited. 3. Both the restoration of degraded wetlands as a mitigation measure for certain types of approved wetlands development and the creation of new wetlands in non-sensitive areas are encouraged. The Division of Coastal Resources previously has 'required restoration of temporarily disturbed wetlands and will continue to do so on a case-by-case basis. 4. Under the Wetlands Act, the activities of DEP, the Tidelands Resource Council, the State Mosquito Control Commission and county mosquito control commissions are exempted from the coastal wetlands' policies within mapped coastal wetlands. Voluntary administrative compliance with the regulations adopted by DEP under to the Act is not, however, precluded. 5. Development that adversely affects white cedar stands is prohibited. (c) Rationale The environmental values, and fragility of coastal wetlands have been officially recognized in New Jersey since the passage of the Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) Coastal wetlands are the most envi- ronmentally valuable land ;r-eA-within the coastal zone. Coastal wetlands contribute to the physical stability of the coastal zone by serving as: M a transitional area between the forces of the open sea and upland areas that absorb and dissipate wind-driven storm waves and storm surges, (ii) a flood water storage area, and, (iii) a sediment and pollution trap. Also, wetlands naturally perform the wastewater treatment process of removing phosphorous and nitrogenous water pollutants, unless the wet- lands are stressed. The biological productivity of New Jersey's coastal. wetlands is enormous and critical to the function of estuarine and marine ecosystems. The emergent cord grasses and associated algal mats convert inorganic nutrients into organic plant material through the process of photo- synthesis. In this way, the primary base for estuarine and marine food webs is provided. The principal direct dietary beneficiaries of organic wetland detritus are bacteria and protozoan, which are in turn fed upon by larger invertebrates. Important finfish, shellfish, waterfowl, and other resources feed upon these invertebrates. New Jersey's Coastal Wetlands are prime wintering habitat annually for hundreds of thousands of migratory waterfowl. Approximately two-thirds of marine finfish and shellfish are known to be estuarine, and, therefore, wetlands-dependent. 108 Inland herbaceous wetlands, such as bogs, play an important role in regulating the quality of water in streams that flow to the estuaries. They retard runoff and store storm waters. They are important areas of primary productivity for estuarine systems. They are critical habitats for several species of plants and animals that are endangered or threatened. They are productive habitats for other game and non-game animals, such as deer. These wetlands also serve as fire.breaks, and may limit the spread of forest, brush, or grass fires. They are inappro- priate development sites due to poor drainage and load bearing capacity of the underlying soils. Forested Wetlands play a critical role in coastal ecosystems. Roots and trunks stabilize shorelines and trap sediment. They are physical and biochemical water filter areas maintaining tidal stream water quality. They provide primary protection to estuarine areas from decaying plant material flushed down by streams. They are critical habitats, breeding areas and movement corridors for many coastal species including rare and endangered species. High productivity, high water availability and high edge to area ratio make these areas especially productive wildlife areas. White cedar stands, as well as other lowland swamp forests, play an important role in purifying water in coastal streams, retarding runoff, providing scenic value, and serving as a rich habitat for many and endangered plant and animal species, as well as game species, such as deer. White cedars also act as forest fire breaks. White cedar stands most commonly occur in flood plains and in the fringe areas of drainage ways and bogs, which are frequently underlain with saturated organic peat deposits. This material is particularly unsuited for development unless highly altered. Many of these locations are Natural Water's Edge Areas. White cedar is New Jersey's most valuable timber species and grows in discrete stands. The wood has a long tradition of maritime and local craft uses. Unfortunately, white cedars have been eliminated from much of their previous range in New Jersey. 7:79-3.24 Cranberry Bogs (a) Definition Cranberry Bogs are areas around streams which have been impounded and are now, or have formerly been, used for cranberry farming. These areas are intermittently flooded in the process of cranberry growing. (b) Policy 1. Cranberry farming is encouraged provided that water quality and diversion standards are satisfied. 2. Wildlife refuges in former Cranberry Bogs are encouraged. 3. other uses of former Cranberry Bogs shall conform to the policies for Wetlands (7:7E-3.23). 109 (c) Rationale Cranberry farming is a small but locally significant part of the coastal economy and should be protected and promoted. Growing cranberries requires plentiful supplies of high quality ground and surface water. Care must be taken, therefore, so that cranberry growing does not unac- ceptably impact local hydrology or water quality. Abandoned Cranberry Bogs are ideal wildlife refuges if properly managed since habitat quality can be improved by intermittent flooding and the mechanisms to do this exist. Proposals that include wildlife management programs within Cranberry Bogs will therefore be favored. Abandoned Cranberry Bogs, if undisturbed, take on wetlands characteristics. 7:7E-3.25 Wet Borrow Pit Margins (a) Definition Wet Borrow Pit Margins are areas surrounding Wet Borrow Pits (see defini- tion 7:7E-3.15(a)). They extend from normal water level in the borrow pit below to the inland limit of a Water Quality Buffer. The width of this buffer will vary by substrate texture. Where soils are coarse, i.e. sands or gravels, the width will be 100 feet; elsewhere, it will be 50 feet. (b) Policy 1. Surface mining is conditionally acceptable provided that other coastal policies, particularly the Use Policies on Mining, are satisfied. 2. Wildlife habitat uses are encouraged. 3. Non water dependent uses are prohibited unless acceptable filling (See Section 7:7E-3.15(b) 3 and 4) in the Wet Borrow Pit removes these areas from the Water's Edge and reclassifies them. 4. If residential development takes place landward of the Wet Borrow Pit Margin, use of the margin must be consistent with the require- ments for a water quality buffer around Wet Borrow Pits (see Section 7:7E-3.15(b) 4(v)). 5. All proposed uses shall grade all banks at the immediate water's edge, except those in acceptable water access areas, to a slope not greater than 33 percent, and shall stabilize the surface and ini- tiate succession of native vegetation adapted to water's edge conditions. 6. Limited recreational use of the Wet Borrow Pit Margin is acceptable providing that the water buffer disturbance is limited in extent and wildlife habitat disturbance is minimized. 110 (c) Rationale Wet Borrow Pit Margins are the water quality buffer areas of Wet Borrow Pits. The still water in the lakes is very susceptible to all types of impacts. A Water Quality Buffer provides a biophysical filter and bank stabilization. Preserving this area also maximizes the important wild- life habitat value of the land-water interface. The policy on Wet Borrow Pits allows limited filling of the lakes and this may remove Wet Borrow Pit Margins from the water's edge. The former margin areas shall then be reclassified as appropriate, and policy analy- sis shall proceed on the new classes. Mixed use projects that include wildlife habitats, and low and high intensity waterfront recreation are an acceptable use of some former borrow pits, since they realize the scenic and recreational value of the lakes and waterfront while preserving wildlife value. Care should be taken in the layout and design of the site to provide adequate separation and barriers to protect wildlife areas from human disturbance. Recreational use of Wet Borrow Pit Margins is possible without losing the wildlife value, provided that intensive disturbance is limited to occasional concentrated water access points, and elsewhere banks are stabilized, native habitats promoted and human access controlled. 7:7E-3.26 Coastal Bluffs (a) Definition A coastal bluff is a steep slope of consolidated (rock) or unconsolidated (sand, gravel) sediment that is formed by wind and water erosion forces, and which is adjacent to the shoreline or demonstrably associated with shoreline processes. A bluff is composed of three main features (see Figure 17): (1) the toe or the interface of the beach or other bottom area (water, wetlands, etc.), (2) the face of the slope, and (3) the crest of.the top of the slope where the bluff becomes the flat tableland. The waterward limit of the bluff is the toe buffer, which extends 25' waterward of the toe of the bluff face. The inland limit is the first cultural feature, such as a road or structure. The term "cliff" will be used as a synonym for bluff, and the same policies will apply, although the cliff face is typically steeper than the bluff face, presenting an almost vertical surface. Steep slopes (Section 7:7E-3.29) are isolated inland areas with slopes greater than 15 percent. All steep slopes associated with shoreline processes, i.e. adjacent to the shoreline or contributing sediment to the system, will be considered coastal bluffs. (b) Policy 1. All development on bluffs, from the waterward limit of the toe buffer to the first cultural feature, that will endanger the health, safety and welfare of people and property, is prohibited. Figure 17 Coik$TAL bLUFFEs EY&LOPIA15NI-1 PRO 14 11bilto ICON I>i nDWA(.L1( EGC-TATl\jG S.7TAP.4LIZAr(DN 112, L-G F-MCouRA&ET). w T 4c 01 LIU LL 0 69 U. qu 'FAr,5 0 IS J W Ul T@OT-1`01A W, wcT'L-A N Db, WATER) M OR UNCONSO m arr,= lilt I LEI, if - :F--- F1 IZ@F 1511 111411,1KI Mill "SLUFF PROFILE" D fig- 2. All development is prohibited on the bluff face and within the crest and toe buffer areas. The stabilization of the face and buffer areas through vegetation is encouraged for the protection of the health, safety and welfare of people and property. 3. Structural mitigation measures designed for the purpose of slowing bluff erosion are conditionally accepted, provided that they do not interfere with natural shoreline sediment supply. 4. All development on the tableland is conditionally acceptable, based on the rate of bluff erosion. In general, structures are prohibited in areas which will be eroded during the life of the structure. If a bluff has an erosion history of five feet a year and the projected life of the structure is fifty (50) years, then the structure is prohibited within 250 feet (50 x 5) of the crest buffer. Appli- cants shall submit historical evidence recording bluff movement and submit a realistic estimate of the life of the structure, noting that most structures are used well beyond their nominal lifetimes. (c) Rationale Coastal bluffs are most prominent in New Jersey along the Delaware River at Roebling and Florence and along the Raritan Bay at Aberdeen Township and Atlantic Highlands. They have a significant function in storm damage prevention and flood control, by eroding in response to wave action and resisting erosion caused by wind and rain runoff. Bluff erosion is also an important source of beach sediment where the coastal bluff faces an open water body. Disturbance of coastal bluffs which undermine their natural resistance to wind and rain erosion increase the risk of their collapse and cause cuts in the bluff. This increases danger to struc- tures at the top of the bluff and reduces the bluff's ability to buffer upland areas from coastal storms. Vegetation helps stabilize bluffs and can reduce the rate of erosion caused by wind and rain runoff. 7:7E-3.27 Intermittent Stream Corridors (a) Definition Intermittent Stream Corridors are areas including and surrounding surface water drainage channels in which there is not a permanent flow of water. They are also called swales and ephemeral stream corridors. The inland extent of these corridors is either the inland limit of soils with a seasonal high water table equal to, or less than one foot, or a distance of 25 feet on either side of the channel, whichever is greater (see Figure 18). (b) Policy 1. Uses that promote undisturbed growth of native vegetation and wildlife habitat value are encouraged. 2. Cutting, filling, damming, detention basins for runoff recharge paving, structures or any other activities that would directly degrade the function of Intermittent Stream Corridors, except for linear infrastructure for which there is no feasible alternate route, is prohibited. 113 Figure 18 INTERMITTENT STREAM CORRIDOR STREAM .-Intermittent Stream 25 foot margin on each side of corridor Limit of soils with seasonal high water table equal to, or less than, one foot //I////// Intermittent Stream Corridor Note: Although Area A has a high water table, that high water table is associated with the stream rather than with the tntermittent stream. Ll Area A, therefore, would be some Special Water Edge type other than Intermittent Stream Corridor 114 (c) Rationale Intermittent Stream Corridors are the spring areas for coastal streams. They are very susceptible to surface and subsurface disturbance. The water quality of coastal streams and estuaries depends in part on undis- turbed spring areas. They are productive areas since water is at or near the surface, and are important wildlife habitats. For these reasons the intention of the policies is preservation. 7:7E-3.28 Farmland Conservation Areas (a) Definition Large, contiguous areas of 20 acres or more (in single or multiple tracts) with soils of classifications in the Capability Classes I, II and III as mapped by the U.S. Department of Agriculture, Soil Conservation Service, in National Cooperative Soil Surveys,and Special Soils for Blueberries and Cranberries which are actively farmed, suitable for farming, or forested, and located in Cape May, Cumberland or Salem Counties are defined as Farmland Conservation Areas. (b) Policy 1. Farmland Conservation Areas shall be maintained and protected for open space or farming purposes to the maximum extent practicable. 2. Continued, renewed, or new farming is encouraged in Farmland Conser- vation Areas. 3. Conversion of Farmland Conservation Areas to development is accept- able only when the predominant surrounding pattern of development is urban or suburban and continued, renewed, or new farming is likely to produce unacceptable urban-agricultural conflict. (c) Rationale Farmland Conservation Areas are an irreplaceable natural resource essen- tial to the production of food and fiber, particularly in the "Garden State." Conservation of large, contiguous areas of these lands for farming serves both private and public interests, particularly in terms of ready access to locally-grown food, jobs and open space preservation. At the same time, the policy here recognizes the desirability o If mini- mizing conflicts between farm and urban areas. In the coastal zone, only Cape May, Cumberland and Salem Counties, have significant acreage of agricultural soils located in a manner generally compatible with present or future farming. In Cape May County, approxi- mately 40 percent of the county's soils qualify as Capability Classes I and 11 (including areas outside of the coastal zone boundary). Some of these irreplaceable soil resources have already been converted to urban uses. Other areas which are of a sufficiently large scale to make farming feasible should be reserved for farming purposes, provided that rural-urban conflicts are minimized. 115 7:7E-3.29 Steep Slopes (a) Definition Steep slopes are areas with slopes greater than 15 percent, which are not coastal bluffs (7:7E-3.26). (b) Policy Development on steep slopes greater than 20% is prohibited, unless the regrading of a very small part of a site (typically, less than 5%) is essential to the overall landscaping plan for the site, in which case the grading shall be done to less than a 10% slope. Man-made steep slopes above the slope at which the sediments normally stabilize (angle of repose) shall either be regraded to a slope at least 20% below the angle of repose, or stabilized and planted with native woody vegetation. (c) Rationale Only a few Steep Slopes Areas exist in the relatively flat Coastal Plain of New Jersey. Isolated steep slope areas are found near headwaters of coastal streams. Preservation of steep slopes controls soil erosion, protects up-slope lands, minimizes pollution of surface waters, reduces flooding, preserves banks of streams and intermittent streams and maintains water flow in headwaters. When vegetation is stripped, rainfall strikes surface soils causing soil particle movement through surface water flow and gravity, which result in increased surface runoff and downstream flooding. When this silty water enters a surface water body, increased turbidity and sedimentation usually follow which can cause reduction of productivity and flood water storage capacity. Aesthetics are also affected when erosion occurs and topsoil is lost. Slope maps are available from NJDEP-DCR based on U.S.G.S. Topographic Quadrangle sheets (1:24,000 scale). These maps show slopes in the following ranges. 0-2%, 2-5%, 5-10%j 10-15%, and more than 15% in the coastal plain; and 0-3%, 3-8%, 8-15%, and 15-25% in other parts of the State. There are some man-made steep slopes left after such activities as mining and road grading. If such slopes are above the angle of repose of the sediments, there is danger of slumping. 7:7E-3.30 Dry Borrow Pits (a) Definition Dry Borrow Pits are excavations for the purpose of extracting coastal minerals which have not extended below the ground water level. This includes, but is not limited to, dry sand, gravel and clay pits, and stone quarries. 116 (b) Policy 1. Surface mining is conditonally acceptable, provided the Mining Use Policies (7:7E-7.8) are complied with. 2. Channeling clean surface runoff into dry sand and gravel pits for the purposes of aquifer recharge is encouraged. Pavement runoff may be channelled into dry borrow pits provided that it is adequately filtered to remove pavement contaminants. 3. Discharge of clean effluent from liquid waste treatment facilities for aquifer recharge is encouraged (e.g. tertiary sewage effluent) provided ground water quality is monitored and maintained. 4. Storing water in impermeable dry borrow pits is conditionally acceptable. 5. Dredge spoil disposal is conditionally acceptable provided that: W the spoil will not degrade groundwater quality, (ii) the spoil is of a particle size that will not disturb ground water hydrology, and (iiiY spoil disposal is compatible with neighboring uses. 6. Solid waste disposal other than clean dredge spoil and not including radioactive or carcinogenic waste, is conditionally acceptable on a case by case basis provided that: M waste disposal is compatible with neighboring uses, (ii) the borrow pit is lined with clay, plastic or other impermeable material; leachate is collected, treated and discharged to the ground through an injection well or other technique that will not degrade groundwater quality; and maintenance will be available for the life of the landfill, (iii) the solid waste is stacked and interlayered with inert material, (iv) a reclamation plan is submitted with the application showing naturalistic final grading, surface improvement with topsoil and organic additives and planting to initial native succes- sions with guarantees of survival for the first five years, (v) Elevations of landfill do not exceed original surface eleva- tions before mining, (vi) The reclamation proposals are worked towards during dumping and completed at conclusion, and (vii) The applicant can demonstrate that even during accidental failure of a treatment plant, the leachate cannot degrade ground or surface water. 117 7. Filling or grading for construction is conditionally acceptable provided that: (i) other coastal policies are satisfied, and (ii) The fill is clean and of a texture not to disturb local ground water flow. 8. All proposed uses must reduce all banks to a slope of less than one in three, stabilize them, prepare them for planting and ini- tiate native successions. (c) Rationale Dry borrow pits have been used successfully in Long Island to recharge depleted aquifers by channeling surface runoff and tertiary sewage effluent into them. These uses are encouraged in New Jersey's coastal areas, especially where there is a history of saline intrusion. Water shall be discharged, wherever possible, into the aquifer layer most impacted by saline intrusion. There is a critical shortage in coastal areas of disposal sites for dredge spoil and solid waste. Dry Borrow Pits offer opportunities of low-impact disposal if they are compatible with existing uses, the leachate is carefully- controlled and the site reclaimed on conclusion. Dry Borrow Pits have comparatively low environ- mental value and so are acceptable sites for development if all other policies are satisfied. 7:7E-3.31 Historic and Archeological Resources (a) Definition Historic and Archeological Resources include objects, structures, neighborhoods, districts, and man-made or man-modified features of the landscape, including archaeological sites, which either are on or are eligible for inclusion on the State or National Register of Historic Places. The criteria for eligibility are defined at N.J.A.C. 7:4-4.2. (b) Policy 1. Development that detracts from, encroaches upon, damages, or destroys the value of Historic and Archeological Resources is discouraged. 2. Development that incorporates Historic and Archeological Resources in adaptive reuse is encouraged. 3. Scientific recording and/or removal of the Historic and Archeolog- ical Resources or other mitigation measures must take place, if the proposed development would irreversably and/or adversely affect Historic and Archeological Resources. 4. New development in undeveloped areas near Historic and Archeological Resources is conditionally acceptable, provided that the design of the proposed development is compatible with the appearance of the Historic or Archeological Resource. 118 (c) Rationale The range of Historic and Archeological Resources along the coast is broad and diverse, from the oceanfront Victorian "gingerbread" archi- tecture, to examples of New Jersey's maritime heritage, to colonial homes, to Indian artifacts. @The public interest requires the preserva- tion of both representative and unique examples of Historic and Archaeo- logical (cultural) resources of the coast, in order to provide present and future generations with a sense of the people who lived, worked, and visited the coast in the past. DEP's office of Historic Preservation maintains an up-to-date list of properties on the New Jersey State Register of Historic Places (N.J.S.A. 13:lB-15.128 et seq.) and the National Register of Historic Places. As the State Historic Preservation officer, the Commissioner of DEP, and staff of DEP's Office of Historic Preservation and Office of Environmental Review advise DEP's Division of Coastal Resources on the historic resources aspects of coastal decisions. 7:7E-3.32 Specimen Trees (a) Definition Specimen trees are the largest known individual trees of each species in New Jersey. The DEP-Bureau of Forestry maintains A list of these trees (see New Jersey Outdoors, September-October 1977 for a listing of speci- men trees). in addition, large trees approaching the diameter of the known largest tree shall be considered Specimen Trees. (b) Policy Development is prohibited that would significantly reduce the amount of light reaching the crown, alter drainage patterns within the site, adversely affect the quality of water reaching the site, cause erosion or deposition of material in or directly adjacent to the site, or other- wise injure the tree. The site of the tree extends to the outer limit of the buffer area necessary to avoid adverse impacts, or 50 feet from the tree, whichever is greater. (c) Rationale Many interested citizens have assisted DEP, over decades, in locating specimen trees. This process includes reporting large trees that can be considered specimens even though they may not be the largest in New Jersey of a species. Specimen trees are an irreplaceable scientific and scenic resource. Often these trees have also been associated with historical events. 7:7E-3.33 Endangered or Threatened Wildlife or Vegetation Species Habitats (a) Definition Land, Water's Edgej or Water Areas known to be the habitat of any wild- life (fauna) or vegetation (flora) identified as "endangered" or "threat- ened" species on official federal or state lists of endangered or threatened species, or under active consideration for state or national listing, are considered special areas. The definition also includes a sufficient buffer area to insure continued survival of the species. DEP intentionally restricts dissemination of data showing the geographic distribution of these species habitats, in order to protect the habitats. (b) Policy Development that would adversely affect the habitats of endangered or threatened species is prohibited. DEP will review proposals on a case- by-case basis. (c) Rationale Endangered and threatened species are organisms which are facing possible extinction in the immediate future due to loss of suitable habitat, and past overexploitation through human activities or natural causes. Extinction is an irreversible event and represents a loss to both future human use, education research and to the interrelationship of all living creatures with the ecosystem. At present, the official list of endangered wildlife (fauna) species in New Jersey, available from DEP, Division of Fish, Game and Wildlife (see N.J.A.C. 7:25-11.1), includes the following species: Shortnose sturgeon, Blue-spotted salamander, Eastern tiger salamander, Bog turtle, Bald Eagle, Peregrine Falcon, Osprey, Cooper's Hawk, and Indiana Bat, as well as various marine mammals and marine reptiles. Additional species have threatened status. No official state or federal list of endangered or threatened vegetation (flora) species exists, although the Smithsonian Institution did submit a report to the U.S. Fish and Wildlife Service in 1975 identifying seventeen species of New Jersey plants for considera- tion for adoption on federal lists (see 40 FR, No. 1217: 27863-27864, July 1, 1975). Habitats of species eligible to be on the list are included 'in the definition so that the policy will apply to species identified since the last promulgations of the official list. 7:7E-3.34 Critical Wildlife Habitats (a) Definition Critical Wildlife Habitats are specific areas known to serve an essential role in maintaining wildlife, particularly in wintering, breeding, and migrating. Rookeries for colonial nesting birds such as herons, egrets, ibis, terns, gulls, and skimmers, stopovers for migratory birds, such as the Cape May Point region, and natural corridors for wildlife movement merit a special management approach through designation as a Special Area. Ecotones, or edges between two types of habitats, are a parti- cularly valuable Critical Wildlife Habitat. Many Critical Wildlife Habitats, such as salt marsh water fowl wintering areas, and muskrat habitats, are singled out as Water or Water's Edge Areas. Definitions and maps of Critical Wildlife Habitats are currently avail- able only for colonial waterbird habitat in 1979 Aerial Colony Nesting Waterbird Survey for New Jersey (NJDEP, Division of Fish, Game and Wildlife). Until additional maps are available, sites will be considered on a case by case basis by the NJDEP Division of Fish, Game and Wildlife. 120 (b) Policy Development that would adversely affect Critical Wildlife Habitats is discouraged, unless: (i) minimal feasible interference with the habitat can be demonstrated, (ii) there is no prudent or feasible alternative location for the development, and (iii) the proposal includes appropriate mitigation measures. DEP will review proposals on a case by case basis. (c) Rationale The State of New Jersey, as custodian of a particular portion of the national wildlife heritage, has the obligation of stewardship on behalf of the people of the state and nation to perpetuate wildlife species within its borders for the use, education, research, and enjoyment by future generations. 7:7E-3.35 Public Open Space (a) Definition Public Open Space constitutes land areas owned and maintained by state, federal, county and municipal agencies or non-profit private groups (such as conservation organizations and homeowner's associations) and dedicated to conservation of natural resources, public recreation, or wildlife protection or management. Public open Space also includes State Forests, State Parks, and State Fish and Wildlife Management Areas and designated Natural Areas (N.J.S.A. 13:IB-15.12a et seq.) within DEP-owned and managed lands. (b) Policy 1. New or expanded public or private open space development is encour- aged at locations compatible or supportive of adjacent and surround- ing land uses. 2. Development that adversely affects existing public open space is dis- couraged. 3. Development within existing public open space, such as campgrounds and roads, is conditionally acceptable, provided that the develop- ment complies with the Coastal Resource and Development Policies and is consistent with the character and purpose of the public open space, as described by the park master plan when such a plan exists. (c) Rationale As the rapid urbanization of New Jersey continues and leisure time increases, open space will play an increasingly important role.in main- taining a desirable living environment for the residents of New Jersey. Even though the supply of open space has decreased under the growing pressure for development, the State's expanding population will require more public open space to satisfy its needs. 121 Not only is open space the basic resource for recreation facility devel- opment, it also performs other worthwhile functions. Open space can create public spaces in densely settled areas, shape urban growth, provide buffers for incompatible uses, retain contiguous farmland, insure the preservation of wildlife corridors, increase the economic value of adjacent land, and preserve distinct architectual, historic, and geologic sites. The distribution of open space should not only be centered around the preservation of unique areas, but must also respond to the needs of people. Where possible, open spaces should be contiguous both visually and physically to promote a sense of continuity and to afford users continued movement through the public open spaces. 7:7E-3.36 Special Hazard Areas (a) Definition Special Hazard Areas include areas with a known actual or potential hazard to public health, safety, and welfare, or to public or private property, such as the navigable air space around airports and seaplane landing areas and potential evacuation zones around major industrial and energy facilities. (b) Policy Coastal development, especially residential and labor-intensive economic development, within Special Hazard Areas is.discouraged. All development within Special Hazard Areas must include appropriate mitigating measures to protect the public health and safety. (c) Rationale Management of the coastal zone requires a concern for development that would directly or indirectly increase potential danger to life and property. Mitigating measures such as height limits near airports and evacuation plans for industrial and energy facilities may adequately address the concern in this area. 7:7E-3.37 Excluded Federal Lands (a) Definition Excluded Federal Lands are those lands that are owned, leased, held in trust or whose use is otherwise by law subject solely to the discretion of the United States of America, its officers or agents, and are excluded from New Jersey's Coastal Zone as required by the federal Coastal Zone Management Act. (b) Policy Federal actions on Excluded Federal Lands that significantly affect the coastal zone (spillover impacts) shall be consistent with the Coastal Resource and Development -Policies, to the maximum extent practicable. 122 (c) Rationale While the federal Coastal Zone Management Act requires that federal lands be excluded from a statels coastal zone, it is important that New Jersey's Coastal Resource and Development Policies explicitly note the location of these special areas in order that the spillover impacts of actions in these areas may be properly evaluated. 7:7E-3.38 Special Urban Areas (a) Definition Special urban areas are those areas defined in urban aid legislation (N.J.S.A. 52:27D-178) which designate municipalities qualified to receive State aid to enable them to maintain and upgrade municipal services and offset local property taxes. This Special Area includes the following 21 coastal municipalities: Asbury Park Elizabeth Long Branch Passaic Atlantic City Hoboken Millville Perth Amboy Bayonne Jersey City Neptune Twp. Rahway Bridgeton Keansburg New Brunswick Trenton Camden Lakewood Newark West New York North Bergen (b) Policy 1. Development that will help to restore the economic and social viability of special urban areas is encouraged. Development that would adversely affect the economic well being of these areas is discouraged, when an alternative more beneficial to them is feas- ible. Development that would be of economic and social benefit and that serves the needs of local residents and neighborhoods is encouraged. 2. Housing, hotels, motels, and mixed use development are acceptable in water areas on existing pilings, and in Filled Water's Edge Areas. 3. Development is prohibited that does not provide public access to the waterfront, except in locations where such access cannot be safely provided. (c) Rationale This policy helps link the Coastal Management Program with other State efforts to focus on and restore New Jersey's urban areas. The policy would be applied to State actions on major proposals, such as shopping centers, outside urban areas which could drain resources from nearby urban areas, as well as to projects both in and out of urban areas which could help stimulate social and economic activity in urban areas. The Filled Water's Edge policy which reserves the waterfront for water dependent uses should not be strictly applied in Special Urban Areas. Housing, hotels, motels and other commercial developments, which benefit from a waterfront location and stimulate the revitalization of a Special Urban Area would be consistent with State coastal objectives. 123 7:7E-3.39 Pinelands National Reserve and Pinelands Protection Area (a) Definition The Pinelands National Reserve includes those lands and water areas defined in the National Parks and Recreation act of 1978, Section 502 (P.L. 95-625), an approximately 1,000,000 acre area ranging from Monmouth County in the north, south to Cape May County and from Gloucester and Camden County on the west to the barrier islands of Island Beach State Park and Brigantine Island along the Atlantic Ocean on the east (see Figure 19). The. Pinelands Protection Area is a slightly smaller area within the Pinelands National Reserve. It was designated for State regulation by the Pinelands Protection Act of 1979 (N.J.S.A. 13:18-1 et seq). The Pinelands Commission has been mandated by the law to develop a comprehensive management p .Ian for the area by December 15, 1980. Within the Pinelands Protection Area, the law delineates a Preservation Area, where the plan shall "preserve an extensive and contiguous area of land in its natural state, thereby insuring the continuation of a pinelands environment ..." (section 8c). Within the Pinelands National Reserve, there is also an area designated a Critical Area under the authority of N.J.S.A. 58:11-43 et seq. DEP has adopted special Central Pine Barrens Ground and Surface Water Quality Standards (N.J.A.C. 7:9-4.6i and j). This Central Pine Barrens Region is also the oil and gas pipeline exclusion area as defined in Use Policy 7:7E-7.4. The coastal municipalities wholly or partly within the Pinelands National Reserve Area include: Atlantic County Brigantine City Hamilton Township Corbin City Mullica Township** Egg Harbor City* Port Republic* Egg Harbor Township Somers Point City Estell Manor Township Weymouth Township Galloway Township Burlington County Bass River Township** Washington Township** Cape May County Dennis Township Upper Township Middle Township Woodbine Borough Cumberland County Maurice River Township 124 PINELANDS JURISDICTION FIGURE 19 NATIONAL PARKS AND RECREATION F-MW ACT OF 1976 STATE PINELANDS PROTECTIPN ACT MT HOLLI cAM T 41@ I.W s."w Lw M y C.d.. my E-, N. D I." R, o 55 F. ' ,"A P E PINELANDS AREA (STATE PINELANDS PROTECTION ACT) L A W A R c MIN OVERLAP BETWEEN PINELANDS AREA 41 ON. 8 A Y CkPE Mll AND COASTAL ZONE CMRT MM OVERLAP BETWEEN PINELANDS NATIONAL RESERVE AND COASTAL ZONE d- PRESERVATION AREA --d 125 Ocean County Barnegat Township Lakehurst Borough Beachwood Borough Little Egg Harbor Township** Berkeley Township Manchester Township Dovi!r Township Ocean Township Eagleswood Township* South Toms River Borough Lacey Township Stafford Township Tuckerton Borough municipalities with areas in both the Pinelands Protection Area and the Coastal Zone. These areas are all within the Preservation Area of the Pinelands Protection Area (N.J.S.A. 13:18A-1 et seq.). municipalities included within the Pinelands Protection Area area, the Central Pine Barrens Region as defined by N.J.A.C. 7:9-4.6i and j and the Coastal Zone. (b) Policy Coastal development shall be consistent with the intent, policies and objectives of the National Parks and Recreation Act of 1978, P.L. 95-625, Section 502, creating the Pinelands National Reserve, @and the State Pinelands Protection Act of 1979 (N.J.S.A. 13:18A-1 et seq.). (c) Rationale The New Jersey Pinelands contain approximately 1,000,000 acres of high quality surface and groundwater resources. In response to the need to protect, preserve and enhance the unique features of the Pinelands and the significant ecological, natural, cultural, recreational, educational, agricultural and public health resources of the Pinelands area, the federal government passed the National Parks and Recreation Act of 1978, (P.L. 95-625), the Governor issued Executive Order No. 71 in February 1979, and the Legislature passed the Pinelands Protection Act in June, 1979. Prior to these actions, under Executive Order No. 56, issued on May 28, 1977, the Governor created the Pinelands Review Commiteee to delineate a Pinelands region and develop a plan to guide State actions affecting that Region. The report of the Pinelands Review Committee, completed in February 1979, stressed the need to take strong action to manage devel- opment in the Pinelands. Because the living marine resources in the bays and estuaries of the coastal zone depend on the flow of freshwater from the Pinelands, changes to the quality and quantity of the Pinelands water resource caused by pollution and contamination would have a significant impact on coastal resources. The Pinelands Protection Act (Section 22) recognized the overlap between Pinelands and coastal management interests and mandated that DEP, in consultation with the Pinelands Commission, review the environmental design for the coastal area prepared as required by CAFRA (see N.J.S.A. 13:19-10) which is also within the boundaries of the Pinelands Area. This overlap area extends from Pleasant Mills to the Garden State Parkway on both sides of the Mullica River. 126 7:7E-3.40 Hackensack Meadowlands District (a) Definition The Hackensack Meadowlands District is a 19,730 acre area of water, coastal wetlands and associated uplands designated for management by a State-level regional agency known as the Hackensack Meadowlands Develop- ment Commission (HMDC) by the Hackensack Meadowlands Reclamation and Development Act of 1968 (N.J.S.A. 13:17-1 et seq.) (See Figure 20). (b) Policy The HMDC will act as the lead coastal planning and management agency within this Special Area. State coastal management actions within the Hackensack Meadowlands District are governed by the District Master Plan and its adopted components and management plans, and the zoning rules adopted thereunder. The HMDC Master Plan Zoning Rules (N.J.A.C. 19:4-1 et seq.) are adopted as part of the Coastal Management Program (see Appendix 1, and the Hackensack Meadowlands District is designated a Geographic Area of Particular Concern (see section on GAPCs in Chapter 4).* (c) Rationale The District Master Plan was mandated by the Hackensack Meadowlands Reclamation and Development Act. The Master Plan, together with its components, management plans and zoning regulations, embody adopted State policies for the District. The BMDC has a professional staff of natural scientists, engineers and planners with the experience and expertise to apply State coastal policy to this Special Area. 7:7E-3.41 Wild and Scenic River Corridors (a) Definition Wild and Scenic River Corridors are components of the New Jersey Wild and Scenic Rivers System designated by the DEP Commissioner under N.J.S.A. 13:8-45 et seq. River corridors include the river and adjacent upland to the limit of the Flood Hazard Area or to the limit of State owned lands, whichever is furthest inland. It should be noted that the Hackensack Meadowlands District designations for wetlands development do not preclude federal agency recommendations and deci- sions contrary to such development. The Hackensack Meadowlands District Plan does not meet the definition of a "Comprehensive Planning Process" under Section 404(b) (1) of the Clean Water Act and associated regulations. Therefore, federal agencies will evaluate proposed projects in the Hackensack Meadowlands District on a case by case basis. Wetland modification will require proper analysis and documentation under Section 404(b)(1) of the Clean Water Act regardless of adopted plans and ordinances. The 404(b)(1) process currently requires four tests to be met and properly documented through a public process including: 1) acceptance of unavoidable impacts; 2) alternatives analysis; 3) demonstration of water dependency; and 4) demonstration of need. 127 Figure 20 N. I - . J Now SIP C-L TETERBORO -rrl I ROCAFIELD A: k KAS ER WOOD RK" MOONACHIE.*' I"w CARLSTADT LIP wLrrHLRFORD 4"@,lcA T RUT IF 21 7 > Ly:!@rsla- 0 M SECAUCUS NORTH J"FRSEY r Y E@l KEARNY J I TO NEW VORIS \7 District Boundaries HACKENSACK MEADOWLANDS DISTRICT 123 (b) Policy 1. Development may be permitted in designated river areas in accordance with N.J.A.C. 7:38-1.1 et seq., including special regulations for a particular river, or sections thereof, adopted upon designations to the New Jersey Wild and Scenic Rivers System. 2. Development which provides general public recreational use of and access to a designated river area, consistent with classification and flood plain regulations, is encouraged. 3. Development must be consistent with all other coastal policies, in particular the performance standards found in the Flood Hazard Areas Resource Policy (7:7E-8.23) and other Special Areas policies. (c) Rationale This policy reflects and incorporates the goals of the New Jersey Wild and Scenic Rivers Act, which recognizes the outstanding scenic, recrea- tional, fish and wildlife, floral, historic, cultural and similar values of certain rivers of the State, in addition to the goals of reducing loss of life and property resulting from unwise development of floodplains. Uses compatible with the recognized values of designated river areas and their classification as "wild", "scenic", "recreational", or "developed recreational" river areas may be allowed to further the use and availa- bility of the open space resources which the river areas represent. River Corridors will be administered according to N.J.A.C. 7:38-1.1 et seq., according to four classifications: 1. "Wild", meaning a river or section thereof, that is free of impound- ment, and generally inaccessible by trail, with watershed or shore- line essentially primitive and undeveloped and water unpolluted. Wild river areas are also consistent with Natural Areas; 2. "Scenic", meaning a river, or section thereof, that is free of impoundment, with watershed or shoreline still largely primitive and undeveloped, but accessible in places by road; 3. "Recreational", meaning a river, or section thereof, that is readily accessible, that may have some shoreline development, and that may have undergone some impoundment or diversion; and 4. "Developed Recreational", meaning a river, or section thereof, that is readily accessible, that may have substantial shoreline develop- ment, that may have undergone substantial impoundment or diversion, but which remains suitable for a variety of recreational uses. 129 SUBCHAPTER 4 - GENERAL WATER AREAS 7:7E-4.1 Definition General Areas are first divided into Water and Land by the same defini- tions used for Special Areas, Section 7:7E-3.1. Water and land are further sub- divided into General Area types. The water's edge has no General Area types since all water's edge areas are one or more Special Area types. This subchapter defines General Water types, assigns General Area poli- cies to each and summarizes the rationale and intent of the policies. In many cases, an area already identified as a Special Area will also fall within the definition of a General Area. In these cases, both General and Special Area policies will apply. In case of conflict between General and Special Area policies, the more specific Special Area Policy shall apply. General Water Areas are 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 permanently inundated. 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 Reservoirs. Some of these types are further divided for policy purposes into different depths. 7:7E-4.2 Policy Summary Table The Policy Summary Table (Figure 21) indicates the Location Policy for the introduction of various uses in each of the General Water Areas. This table is included for quick reference. For further details on conditions for acceptability of uses, see Section 7:7E-4.10. 7:7E-4.3 Ocean (a) Definition This basin type has two depth levels W-18' and 18'+) and includes all areas of the Atlantic Ocean out to the limit of New Jersey's territorial sea, three nautical miles from the shoreline. The ocean extends from the marine boundary with the State of New York in Raritan Bay and Sandy Hook Bay south to the marine boundary with the State of Delaware in Delaware Bay, near Cape May Point (see Figure 22). (b) Policy See Policy Summary Table Section 7:7E-4.2. (c) Rationale The largest water body found within the coastal zone is the Atlantic Ocean. The vast volume of water together with strong wind induced mixing, surface and subsurface currents, and tidal pulse make the ocean the water body most able to assimilate human induced stresses. The 131 WATER AREA POLICY SUMMARY TABLE Water Ocean Open Bay Semi Enclosed Tidal Large Medium Rivers, Lakes, Ponds Area and Back Bay Guts Rivers Creeks and and Use Type 181+0-181 181+,6-181,0-6' 61+,0-61 Streams Reservoirs Aquaculture C C C C C C C C C C C Boat Ramps P C C C C C C C NJ Docks (cargo) C C C C C C C P* C C Docks (recreation) C C C C C C C C C C C Dredging (maintenance) C C C C C C C C C C C Dredging (new) C C D D D D D D* C C C Spoil Disposal C C C C D C D P* C P C Dumping P P P P P P P P P P P Filling D D P D D D D D D D P Piling D C D C C C C C C C D mooring 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 Bridges D D D D D C C C P Submerged Infrastructure C C C C C C C D* C C C Overhead Lines P P P P P C D C P Dams & Impoundments P D P P D Outfalls & Intakes 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 tigg 4ft ..... .... .. 70-1-1 X E. 09*94" WATIKIN MEA TYPES PORT ..... .. .. . ..... .. X: ........... SEMI ENCLOSED 13 AY %W TIDAL OUT X-- 4 XXv WA PES SPECIAL WATER AREA TYPES . ..... ........... NAVIGATION NAVIGATION CHANNEL "Ke CHANNEL V .... ....... PORT ......... X .................. 1: 24,000 ..... p :::::::w Nye. - 00 X. 0. 1000, tooo, 3= .. ..... a Tir SEMI - El la .......... A 4% . . ... . . . . . . . . . . . . . . . . J ..... . . .... "N ........... x. X.: ..... ................. ........... ............... ................ R OUT Flayground x Ruins :X DwIand Hook 'RICHMOND Island N r rVE&F REA6H POIN Portj.V 1 70, - - - - - - - t ZWe ISLANQ R e aE ^:S q, -Iin t Yar n E D St JA dM!* E, ollgete r 27 1-izabeth USGS Topo Quad, 19 Q-13 L-1 LA _j 15x WAT E R BODY TYPES -A L -7-A. _7 f@- @7 w 7 Z: 'pe (W-'- CL Z. X A Cov .......... X.- -4@ X. - GENERAL WATER AREA TYPES STO FFER Gl.phk Alt, CREEKS TIDAL GUTS LARGE RIVER OPEN BAY LAKES N 1: 24, 000 01 100w am$ now Figure 22b 134 t Canton USGS Topo Quadf 19.7 2 Figure 22c WATER BODY TYPES 4 GENERAL WATER AREA @7t 20 TYPES OCEAN Talern.@ld- 23 SEMI ENCLOSED VOW BACK SAY '47. @ennett 7. TIDAL GUTS c7 f;z J, 5 _J Ji v MEDIUM RIVERS CREEKS &STREAMS -JI- V 7., Sda P SPECIAL WATER AREA z TYPES xe -:F t-7. - 4w CANAL N 1: 24,000 0 1000, 2000, P4. z C A_N A L kt. 0 .0@r_& 3; py z Basin A qr. rg, 4 Doc'. wa'ef e,)-. E N@, 1 44 -4 - 91i'.11.), kr -la. 0 n UAit N B @ I- I P.E IVIN '10 G o-1 f, -,--Cap k-IV[ Course m <@X OCEAN N .14 .4@_Z P5 Cape May USGS Topo Qu d .972 135 /WATER BODY TYPES..- igu 2 0 f P OPEN BAY > 17 GENERAL WATER AREA TYPES OCEAN OPEN SAY Li g hl B N1 14 (-NAVIGATION TIDAL OUT CHANNEL 04 MEDIU11 RIVERS Plum CREEKS STREAWS F. Island ,-Z4 SPECIAL WATER MIA "_4 TYPES /9- n .,Fo NAVIGATION CHANNEL 1:24,000 5 C .4 0 1000, 2000, 3 @oo L /* S!Adpipe Locu .0 ei@ch 1c, AIF, FORC -sin Beach Nave 3 Pea 11 Bright MEDIUM ER ok USGS Topo 1970 .11L qrn 136 mso lsla.nd -0 ean 1972 S City USGS Topo Quad, WATER BODY TYPES A (fA jb, ...... .... Ls ................. -j X. -10 BACK BAY -orK I s' . @i n ci - n,, e ed. nd .. ......... R .......... k 'o X5 J" N Xrl@@-*' U U I L- cz@ A 1-24,000 vo'. J X. GENERAL WATER AREA TYPES OCEAN SEMI-ENCLOSED SAY SEMI ENCLOSED BACK SAY ............. .... ............. TIDAL OUTS SPECIAL WATER AREA ........ ......... ... ..... 5h TYPES ........... INLFT S 22e Figure assimilative capacity of the ocean is not unlimited, nor are all the benthic and pelagic and surface organisms equally resilient to stresses. The high energy marine system simultaneously provides opportunity for various uses such as recreation and navigation and imposes several constraints to human structures. Marine waters are divided into two depth categories: the shallower portion is most commonly thought of as the surf zone, which is of national recreational value. Uses which would impact the recreational values are consequently discouraged from this location. Uses located within deeper portions have less potential to adversely impact coastal resources or induce impacts such as ocean shoreline instability. 7:7E-4.4 Open Bay (a) Definition This basin type has three depth levels (0'-6', V-18', and 18+) and is defined as a large, somewhat confined estuary with a wide unrestricted inlet to the ocean and with a major river mouth discharging directly into its upper portion. Delaware Bay, Raritan Bay, Sandy Hook Bay, and Upper New York Bay are the only representatives of this water body type in New Jersey. (b) Policy See Policy Summary Table, Section 7:7E-4.2. (c) Rationale Open bays are the largest estuarine systems within the New Jersey coastal zone. All estuaries provide critical nursery habitat for marine finfish and shellfish and provide organic nutrients for marine/ estuarine food webs. open bays have traditionally been used as commercial shipping entrances to the New Jersey/New York harbors and New Je rsey/Pennsylvania/De I aware harbors, and have consequently suffered from extensive human perturba- tions, with the northern area being more severely disturbed. Open bays have large rivers discharging into their upper portions. Although a less vigorous environment than the coastal sea, surface wave action can be high during strong wind conditions. open bays are exten- sively used for commerce and recreation, although recreation and commer- cial fin and shellfish has been constrained by sewage pollution. These water bodies are subdivided into three categories based solely on water depth. The criteria of depth was used as this factor is closely related to dilution potential. 138 7:7E-4.5 Semi-enclosed and Back Bay (a) Definition This basin type is a partially confined estuary with direct inlet con- nection and some inflow of freshwater. Semi-enclosed bays differ from back bays in depth, degree of restriction of inlet and level of fresh- water inflow, but the initial location policy is identical for the two water body types. Great Bay and Great Egg Harbor are examples of semi- enclosed bays, Barnegat Bay, Little Egg Harbor, the Shark River estuary and other bays in Atlantic and Cape May Counties are back bays. This combined water body type has two depth levels (0-6', and 6'+). (b) Policy See Policy Summary Table, Section 7:7E-4.2. (c) Rationale Semi-enclosed water bodies are the estuaries behind barrier beach islands with restricted, indirect, or shallow inlets to the open ocean. This category includes all non-riverine estuarine water bodies including embayments and back bays. These areas are more sensitive to human disturbance, because of the very limited to moderate freshwater inflow, slower tidal flushing, and smaller water body volume. The semi-enclosed estuaries are critical to the protection and perpetua- tion of the coastal ecosystem. Their physically protected geography allows more sensitive or fragile organisms to survive than in the more vigorous ocean and open bays. The vast majority of important marine finfish, shellfish and aquatic birds utilize these areas as critical nursery habitats. The contiguous coastal wetlands perform the essential role of photosynthesis, resulting in natural organic material export into the coastal sea through the action of tidal and storm induced flushing. These estuarine water bodies are subdivided into three categories based solely upon the criteria of relative water depth. Deeper water portions are the areas most intensively used by man for water surface activities such as navigation. Deeper water areas have a greater physical ability to dilute pollutants and biologically detoxify toxic agents. Th i s assimulative capacity is not unlimited however. Shallow water area generally have less potential dilution and flushing. 7:7E-4.6 Tidal Guts (a) Definition This channel type includes tidal waterway connections between two estua- rine bodies of water. Also known as thorofares, tidal guts have no significant freshwater drainage, are tidally influenced and vary in flow rates and natural water depths. Examples range from the Arthur Kill and Kill Van Kull in the developed coast, to Clam Thorofare, Beach Thoro-r fare and Wading Thorofare in the Shore region. 139 (b) Policy See Policy Summary Table, Section 7:7E-4.2. (c) Rationale Tidal Guts are critical areas for estuarine ecology, controlling the mix of salt and fresh water nutrient transport, and movement corridors for aquatic organisms. Guts serve as important access ways for human navi- gation, physical water circulation and tidal flushing of estuaries. 7:7E-4.7 Large Rivers (a) Definition This channel type includes flowing waterways with watersheds greater than 1,000 square miles, which means the Delaware, Hudson, and Raritan Rivers. The Delaware River is a tidal river from the Bridge Street Bridge in Trenton to its mouth at Delaware Bay, defined as a line between Alder Cove, Lower Alloways Creek Township and the Delaware River Basin Com- mission River and Bay Memorial at Liston Point, Delaware. The Hudson River is a tidal river from the New York State Line to its mouth at Upper New York Bay at the Morris Canal, Jersey City. The Raritan River is a tidal river from the Interstate Route 287 Bridge between Piscataway and Franklin townships to its mouth at Raritan Bay and the Arthur Kill. (b) Policy See Policy Summary Table, Section 7:7E-4.2. (c) Rationale Large rivers are the principal freshwater input to the Open Bays, and the critical estuarine functions performed by these bays depends, in large part, on maintenance or improvement of water quality and flow patterns in tidal rivers. These water bodies have a long history of intensive human use, especially in commerce. These economic interests must be accom- modated. Large rivers are all drained by watersheds in excess of 1,000 square miles, and are tidally influenced within the Bay and Ocean Shore Segment. These factors allow for flushing of pollutants, although extensive portions of each are presently over-stressed with sewage and industrial wastes. 7:7E-4.8 Medium Rivers, Streams and Creeks (a) Definition This channel type includes rivers, streams and creeks with a watershed area of less than 1,000 square miles. This includes watercourses such as the Hackensack, Passaic, Oldmans, Big Timber, Pennsauken, Navesink, Manasquan, Toms, Wading, Mullica, Great Egg, Maurice, Cohansey, Salem and Rancocas and smaller streams. 140 (b) Policy See Policy Summary Table, Section 7:7E-4.2. (c) Rationale Medium rivers have from moderate to small discharge rates. Many are tidally influenced and most are relatively shallow, and of smaller volume than large rivers. These factors combine to render these features more susceptible to degradation through human activities. 7:7E-4.9 Lakes, Ponds and Reservoirs (a) Definition This category includes lakes, ponds, and reservoirs, virtually all of which in the unglaciated coastal plain of southern New Jersey are man- made (impoundments). These types are relatively small water bodies with no tidal influence or salinity. . Many are groundwater fed, while others are known to serve as surface aquifer recharge areas. This General Water Area type includes enclosed freshwater basins, both shallow and deep, with little or insignificant flow. Due to the limited extent of this water type, no depth subdivisions are made. Lakes that are the result of former mining operations are not included here, but are defined separately as Wet Borrow Pits. (b) Policy See Policy Summary Table, Section 7:7E-4.2. (c) Rationale Lakes, ponds, and reservoirs have a severely limited ability to flush pollutants owing to limited freshwater inflow and lack of tidal inunda- tion. Pollutants which enter these areas can precipitate to the bottom, remaining a continuing-source of contamination. Certain lakes, ponds and reservoirs also serve as potable surface water sources. 7:7E-4.10 Acceptability Conditions for Uses Numerous developments or activities seek locations in New Jersey's coastal waters. Some uses involve locations both above and below the mean high water line, in both Water and Water's Edge areas. This section defines the important uses of water areas managed by the Coastal Management Program and the conditions under which those uses are acceptable. Some projects involve combinations of uses, such as retaining structures, dredging, and filling. other uses, such as Shore Protection uses, are defined elsewhere under Use Policies. 141 (a) Aquaculture 1. Definition Aquaculture is the use of a permanently inundated water area, whether saline or fresh, for the purposes of growing and harvesting plants or animals in a way to promote more rapid growth, reduce predation, and increase harvest rate. oyster farming in Dela- ware Bay is a form of aquaculture. 2. Acceptability Conditions Aquaculture is conditionally acceptable in all General Water Areas provided that: (i) It does not unreasonably conflict with resort or recreation uses, (ii) It does not cause significant adverse off-site environmental impacts, and (iii) It does not present a hazard to navigation. (b) Boat Ramps 1. Definition Boat ramps are inclined planes, extending from the land into a water body for the purpose of launching a boat into the water until the water depth is sufficient to allow the boat to float. Boat ramps are most frequently paved with asphalt or concrete, or covered with metal grates. 2. Acceptability Conditions (i) Where boat ramps are conditionally acceptable, they must meet the following conditions: (a) there is a demonstrated need that cannot be met by existing facilities, and (b) they cause minimal practicable disturbance to intertidal flats or sub- aqueous vegetation. (ii) In all water areas, boat ramps shall be constructed of environ- mentally acceptable materials, such as concrete or oyster shell, and garbage cans shall be provided near the boat ramp. Public use ramps shall have priority over restricted use and private use ramps. (c) Docks and Piers (for Cargo Movement) 1. Definition Docks and piers (for cargo movement) are structures supported on pilings driven into the bottom substrate or floating on the water surface, used for loading and unloading cargo, including fluids, 142 connected to or associated with a single industrial or manufac- turing facility. Policies for docks and piers intended for multiple uses may be found under Use Policies for Ports Uses. Policies for docks composed of fill and retaining structures may be found under the category "Filling". 2. Acceptability Conditions Docks and Piers for cargo movement are conditionally acceptable in most General Water Areas, provided that: (1) they will not pose a hazard to navigation, and (2) the associated use of the adjacent land meets all Coastal Resource and Development Policies. (d) Docks and Piers (Recreational and Fishing) 1. Definition Recreational and fishing docks and piers are structures supported on pilings driven into the bottom substrate, or floating on the water surface, which are used for recreation or fishing or for the mooring of boats which are used for recreation or fishing, including commer- cial fishing. 2. Acceptability Conditions Docks and Piers are conditionally acceptable in General Water Areas bodies provided that: (i) there is a demonstrated need that cannot be satisfied by existing facilities, (ii) the associated upland use satisfies the location policies for water's edge areas, (i ii) the construction minimizes adverse environmental impact to the maximum extent feasible, (iv) the docks and piers are located so as to not hinder navigation or conflict with overhead transmission lines, and (v) there is minimum feasible interruption of natural water flow patterns. Docks and piers on pilings shall be preferred to construction on fill. Repairs and maintenance of existing docks and piers are generally acceptable. (e) Dredging-Maintenance 1. Definition Maintenance dredging is the removal of accumulated sediment from authorized and currently maintained navigation channels, marinas, or boat moorings, for the purpose of maintaining an authorized water depth and width. 2. Acceptability Conditions Maintenance dredging is conditionally acceptable to the authorized depth and width in all existing navigation channels, access chan- nels, anchorages and moorings within all General Water Areas to ensure that adequate water depth is available for safe naviga- tion, provided that an acceptable spoil disposal site exists and 143 turbidity is controlled using best available technology (reference: U.S. Army Waterways Experiment Station, Dredged Material Research Program Report, TR DS-78-22). As necessary on a case-by-case basis to mitigate adverse impacts upon Shellfish Beds (7:7E-3.2), Surf Clam Areas (7:7E-3.3), Finfish Migratory Pathways (7:7E-3.9), and nursery areas for finfish, and to prevent reduction of ambient dissolved oxygen below critical levels, or the increase of turbidity or the resuspension of toxic substances above critical levels, seasonal limitations may be imposed on maintenance dredging. Maintenance dredging is necessary to provide access to marinas, docks, ports, and other appropriate water-dependent facilities. Beach nourishment shall be the priority use of clean dredge spoil when economically feasible. Scouring of channels, anchorages and moorings is acceptable on a case-by-case basis to permit small scale water dependent facilities. (f) Dredging - New 1. Definition New dredging is the removal of sediment from the bottom of a water body that has not been previously dredged or excavated, for the purpose of increasing water depth, or the widening or deepening of navigable channels to a newly authorized depth or width. 2. Acceptability Conditions New dredging is conditionally acceptable in Oceans, Rivers, Creeks and Streams for boat moorings, navigation channels or anchorages (docks) providing that: M there is a demonstrated need that cannot be satisfied by existing facilities, (ii) the facilities served by the new dredging satisfy the location requirements for Special Water's Edge Areas, (iii) the adjacent water areas are currently used for recreational boating, commercial fishing or shipping, (iv) the dredge area causes no significant disturbance to Special Water or Water's Edge Areas, (v) the adverse environmental impacts are minimized to the maximum extent feasible, (vi) dredging will have no adverse impacts on groundwater resources, (vii) an acceptable dredge spoil disposal site exists, (viii) the dredged area is reduced to the minimum practical and (ix) turbidity is controlled during the dredging operation using best available technology (reference: U.S. Army Waterways Experiment Station, Dredged Material Research Program Report, TR D5-78-22). As necessary on a case-by-case basis to mitigate adverse impacts upon Shellfish Beds (7:7E-3.2), Surf Clam Areas (7:7E-3.3), Finfish Migratory Pathways (7:7E-3.9), and nursery areas for finfish, and to prevent reduction of ambient dissolved oxygen below critical levels, or the increase of turbidity or the resuspension of toxic substances above critical levels, seasonal limitations may be imposed on new dredging. 144 New dredging or excavation to create new lagoons for residential development is prohibited. New dredging in Lakes, Ponds and Reser- voirs, Bays and Guts is discouraged. New dredging is conditionally acceptable to control siltation in Lakes, Ponds and Reservoirs. (g) Dredge Spoil Disposal 1. Definition Dredge spoil disposal is the discharge of sediments (spoils) removed during dredging operations. 2. Acceptability Conditions Dredge Spoil Disposal is prohibited in Tidal Guts, and Medium Rivers, Creeks and Streams, and discouraged in Open Bays and Semi- Enclosed and Back Bays when the water depth is less than 6 feet. Spoil disposal by sidecasting in these water body types when shallow waters preclude removal of the dredge spoil from the area is condi- tionally acceptable on a case by case basis. Disposal of dredge spoils in the ocean and bays deeper than six feet is conditionallly acceptable provided that it is in conformance with USEPA guidelines (40 CFR 230, 40 FR 41291, September 5, 1975) established under Section 404(b) of the Clean Water Act. EPA guidelines require that consideration be given to the need for the proposed activity, the availability of alternate sites and methods of disposal that are less damaging to the environment, and applicable water quality standards. They also require that the choice of site minimize harm to municipal water supply intakes, shellfish, fisheries, wildlife, recreation, threatened and endan- gered species, benthic life, wetlands and submerged vegetation, and that it be confined to the smallest practicable area. Clean dredge sediments of suitable particle size are acceptable for beach nourishment on ocean or open bay shores. The use of clean dredge spoil to create new wetlands in any General Water Area is conditionally acceptable depending upon an evaluation of the biological value of the wetlands gained compared with the water area lost. Spoil disposal in Lakes, Ponds and Reservoir is conditionally acceptable provided that the spoil is adequately contained. Note: Conditions for Dredge Spoil Disposal on land are indicated in Section 7:7E-7.12. 145 M Dumping (Solid Waste or Sludge) I. Definition The dumping of solid waste or sludge is the discharge of solid or semi-solid waste material from industrial or domestic sources or sewage treatment operations into a water area. 2. Acceptability Conditions The dumping of solid or semi-solid waste of any description in any coastal water is prohibited. M Filling 1. Definition Filling is the deposition of inorganic material (sand, soil, earth, dredge spoils, etc.) into water areas for the purpose of raising water bottom elevations to create land areas. 2. Acceptability Conditions (i) Filling is prohibited in lakes, ponds, reservoirs, and open bay areas at depths greater than 18 feet. (ii) In all other water areas, filling is discouraged, but limited filling may be considered for acceptability provided that: (a) the use that requires the fill is water dependent, (b) there is a demonstrated need that cannot be satisfied by existing facilities, (c) there is no feasible or practical alternative site on an existing Water's Edge. (d) the minimum practical area is filled, (e) the adverse environmental impacts are minimized, and (f) minimal feasible interference is caused to Special Areas, and (g) pilings and columnar support or floating structures cannot serve the use. (iii) Filling to create docks and wharves is conditionally acceptable provided that construction of the dock or wharf on pilings would be infeasible. (iv) Filling using clean sediment of suitable particle size and composition is acceptable for beach nourishment projects (see the Coastal Engineering Use Policies 7:7E-7.11), and condi- tionally acceptable for the creation of new wetlands. (j) Piling 1. Definition Piling is the insertion of columnar structural members into the water bottom substrate. 146 2. Acceptability Conditions When pilings are an element of docks and moorings they must meet the acceptability conditions for those. uses. The placement of pilings for other purposes is discouraged in lakes, ponds, reservoirs, and ocean and bay waters greater than 18 feet in depth. Elsewhere pilings are conditionally acceptable provided that they are not a hazard to navigation. (k) Mooring 1. Definition A boat mooring is a temporary or permanent, piling or floating anchored facility in a water body for the purpose of attaching a boat. 2. Acceptability Conditions Temporary or permanent boat mooring areas are conditionally accept- able in all General Water Areas provided that the mooring area is adequately marked and is not a hazard to navigation. (1) Sand and Gravel Extraction 1. Definition Sand and gravel extraction is the removal of sand or gravel from the water bottom substrate, usually by suction dredge, for the purpose of using the sand or gravel at another location. 2. Acceptability Conditions Sand and gravel extraction is prohibited in Lakes, Ponds and Reser- voirs, and Tidal Guts. This activity is discouraged in all other General Water Areas except the deep Ocean and Rivers, Creeks, and Streams. In these General Water Area types, extraction is conditionally acceptable provided that: M Special Areas are not directly or indirectly degraded, (ii) turbidity and resuspension of toxic materials is controlled throughout the extraction operation through use of the best available mitigation technology, (iii) there is an acceptable disposal site for the waste from washing operations, and (iv) in rivers, creeks and streams, the depth of water at the mining site is at least six feet. 147 (m) Bridges 1. Definition A bridge is any continuous structure spanning a water body, except for an overhead transmission line. 2. Acceptability Conditions Bridges are conditionally acceptable over rivers, streams, and tidal guts provided that: (i) there is a demonstrated need that cannot be satisfied by existing facilities, (ii) applicable Location and Resource Policies are satisfied, with special attention to Resource Policies on Secondary Impacts, (iii) pedestrian use is provided for I and (iv) fishing catwalks and platforms are provided to the maximum extent practicable. (n) Submerged Infrastructure 1. Definition Cables are solid underwater lines such as telecommunication cables or electrical transmission lines. Pipelines are hollow underwater pipes laid, buried, or trenched for the purpose of transmitting fluids. Examples would be crude oil, natural gas, water, petroleum products or sewage pipelines. Con- struction of an underwater pipeline may involve trenching, temporary trench spoil storage, and back filling, or jetting as an alternative to trenching. 2. Acceptability Conditions Submerged Infrastructure are conditionally acceptable provided that they are not sited within Special Areas, unless no prudent and feasible alternate route exists. In the case of pipelines, the following conditions must also be met. (i) trenching takes place to a sufficient depth and is backfilled, either through natural or mechanical means to avoid puncturing or snagging anchors or sea clam dredges, and (ii) the pipeline is sufficiently deep to avoid uncov- ering by erosion of water currents, (iii) the conditions outlined for pipelines in the Use Policies (See Section 7:7E-7.4) are satis- fied. Temporary trench spoil storage and back filling as part of pipeline trenching is acceptable provided that bottom contours are rees- tablished following trench spoil removal to the original bottom contours, to the maximum extent practicable. Jetting pipelines into bottom sediments is conditionally acceptable provided that trenching and backfilling are impractical. In the case of Cable routes, the following additional conditions must be met: M the route avoids areas where anchors may foul the cable, and (ii) the alignment of the cable route is marked at the landfall and by buoys at the surface. 148 (o) Overhead Transmission Lines 1. Definition Overhead transmission lines are electrically conducting wires hung between supporting pylons for the transmission of electrical power from generating plant to the site of consumption. i 2. Acceptability Conditions Overhead transmission lines are prohibited or discouraged, except over Rivers, Streams, Creeks and Tidal Guts, where transmission lines will be considered for acceptability provided that: M there is a demonstrated need that cannot be satisfied by existing facili- ties, (ii) there is no feasible alternate route that avoids crossing water bodies, (iii) further development likely to be induced by the transmission lines is acceptable, (iv) the transmission line pro- vides adequate vertical clearance for masts, and (v) visual impacts are minimized to the maximum extent practicable. (p) Dams and Impoundments 1. Definition Dams and impoundments are structures that obstruct natural water flow patterns for the purpose of forming a contained volume of water. Impoundments include dikes with sluice gates and other structures to control the flow of water. 2. Acceptability Conditions Dams and impoundments are impractical in many water body types, prohibited in other water body types, and discouraged in specified water body types (see Figure 21), unless essential for water supply purposes or the creation of special wildlife habitats. (q) Outfalls and Intakes 1. Definition Outfalls and intakes are opening in pipes that are located in Water Areas for the purpose of intake of water or discharge of effluent including sewage, stormwater and industrial effluents. 2. Acceptability Conditions Outfalls and intakes are conditionally acceptable in most water bodies provided that the use associated with the intake or outfall meets the Coastal Resource and Development Policies. The Water Areas policy applies only to the location of the mouth of the pipes, not to the effluent or the amount of diversion. 149 (r) Realignment of Waterways 1. Definition Realignment of waterways means changing the configuration of any water body. 2. Acceptability Conditions M Realignment of natural (naturally occurring, unaltered) water- courses is discouraged. (ii) Realignment of previously altered watercourses is conditionally acceptable, provided that is can be demonstrated that no adverse environmental impacts (i.e. water quality, flood ,hazard, species diversity reduction/alteration) will result, or other Resource Policies will be contravened, by the realign- ment; that a net recreational/ecological benefit will demon- strably accrue; and that there is no net loss (in linear feet or area) of river bed environment. (s) Miscellaneous 1. Definition Miscellaneous includes uses of Water Areas not specifically defined in this section or addressed in the Use Policies. 2. Acceptability Conditions Uses of Water Areas not identified in the Water Acceptability Table or addressed in the Use Policies will be analyzed on a case-by-case basis. 150 SUBCHAPTER 5 - GENERAL LAND AREAS 7:7E-5.1 Definition General Land Areas include all mainland land features located upland of Special Water's Edge Areas. General Land Areas begin at the inland limit of 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 is farthest inland from the water's.edge. 7:7E-5.2 Acceptability of Development in General Land Areas (a) 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: 1. Coastal Growth Rating, 2. Environmental Sensitivity, and 3. Development Potential Assessment of these three factors indicates the appropriate pattern of development from a broad, regional perspective and provides a method for determining the acceptable intensity of development of specific sites, as well as entire regions. (b) Determination of the specific policy for a Land Area site is a four step process. First, the Coastal Growth Rating is determined. Second, the Environmental Sensitivity and Development Potential of the site are determined. Third, the Land Acceptability Table (Section 7:7E-5.7) for the appropriate region is consulted to determine the acceptable intensity of development of the site, given the three possible combinations of Development Potential and Envi- ronmental Sensitivity factors for the site or parts of the sites. Fourth, the proposed intensity of development of the site is com- pared with the acceptable intensity of development for the site. (c) Coastal development which does not conform with the acceptable intensity of development of a site is discouraged. 7:7E-5.3 Coastal Growth Rating (a) Introduction The coastal zone is classified into thirteen different regions on the basis of the varied pattern of existing coastal development and natural and cultural resources (see Figure 23). For these regions, DEP uses three broad regional growth strategies: 151 1 Development Region - This region is already largely developed. From a coastwide pFr-spective, development in this region would be in fill development. In accordance with the coastal policy on concentration of development, development in this region is preferred over devel- opment in other regions, other factors being equal. Infill, exten- sion and some scattered development is acceptable here. Development in these regions, however, must be consistent with Recreation and Public Access Policies. 2. Extension Region - This region is the region where development sGuld be channelled after full development of the Development Region. Generally, infill and some extension of development is acceptable here. 3. Limited Growth Region - This region contains large environmentally sensiti've areas. Generally, only infill development is acceptable here. (b) Barrier Island Region The oceanfront barrier islands and spits constitute the Barrier island Region. The Land Areas Policy does not apply to the Barrier Island Region, which is composed entirely of various Special Areas. (c) Urban Areas Region Each of the Urban Aid municipalities identified below is considered an urban area. The urban areas are designated development areas. Atlantic Monmouth Atlantic City Asbury Park Keansburg Camden Long Branch Camden Neptune Township Cumberland Ocean Wrl"d-geton Lakewood Millville Passaic Essex Passaic Newark Hudson Bayonne Hoboken Union Jersey City E7izabeth North Bergen Rahway West New York Middlesex Mercer New Brunswick Trenton Perth Amboy 152 GROWTH REGIONS OF THE COASTAL ZONE %---- P,% 3 3 -0 M R SL HACKENSACK MEADOWLANDS t- DISTRICT DEVELOPMENT REGION NORTHERN WATERFRONT EXTENSION REGION S 0 AREA m--rA", 1, S__@ LIMITED GROWTH REGION - ----- (Development BARRIER ISLAND D Revlon) HACKENSACK MEADOWLANDS DISTRICT iAl, E"r- E A t NORTH SHORE A@ III 'M,,' 0 uNJ OUTSIDE OF COASTAL ZONE NOTE' SNOWTN DESIGNATIONS APPLY ONLY WITHIN DBMS%&, LAND AMILAG. ----------- DELAWARE RIVER AREA (Development CENTRAL SHORE Region) 0 U Ri, L I N @--T PENNSYLVANIA r@v WESTERN OCEAN 77 1 DELAWA ur E 7- "",7" C C M - ------------ f, BARRIER ISLAND 017C E BARNEGAT CORRIDOR 5 k-JIZ-,,E 1101 --7 Y'- MULLICA SOUTH OCEAN IL A W,, T I TUCKERTON BARRIER ISLAND 6 ABSECON SOMERS POINT *DELAWARE SH RE GREAT EGG HARBOR . ........ .. D E L\@ W A R E THE CITIES OF SAIDGET 0 B\A Y AND MILLVILLE 401 0!:,.:: ATED O1V9LOFN 1, @-9-L SOUTH ERNN Riga I-E 153 (d) North Shore Region The No@_th-Shore Region includes those portions of Monmouth and Middlesex County that @@::-within the Bay and Ocean Shore Region and is designated a Development Region. (e) Central Shore Region The Central Shore Region includes those portions of Ocean County within the Bay and Ocean Shore Region that are north of State Highway 37 and west of the Garden State Parkway, and those parts of the county north of Cedar Creek and east of the Parkway, and is designated a Development Region. M Western Ocean County Region The Western Ocean County Region includes those portions of Ocean County west of the Garden State Parkway and south of State Highway 37, and is designated an Extension Region. (g) Barnegat Corridor Region The Barnegat Corridor Region includes those portions of Ocean County south of Cedar Creek and north of State Highway 72, and is designated an Extension Region. (h) Mullica-Southern Ocean Region The Mullica-Southern Ocean Region those portions of Ocean County south of State Highway 72, all of Burlington County, and those portions of Atlantic County north of County Road 561 (Jimmy Leeds Road), located within the Bay and Ocean Shore Region, and is designated a Limited Growth Region. W Tuckerton Region The Tuckerton Region is bounded on the west by the Burling ton-Ocean County border, on the north by U.S. Highway 9, Otis Bog Road, Nugentown Road and the Tuckerton Borough Line, and on the south and east by Little Egg Harbor, Big Thorofare, Big Creek, Great Bay and the Mullica River The Tuckerton Region is designated an Extension Region.* (j) Absecon-Somers Point Region The Absecon-Somers Point Region includes those mainland portions of Atlantic County south of County Road 561 (Jimmy Leeds Road), and east of Garden State Parkway, and is designated a Development Region. W Great Egg Harbor River Region The Great Egg Harbor River Region includes those portions of Atlantic County southwest of County Road Alternate 559 and those portions of Cape May County east of State Highway 50, north of County Road 585, and west of U.S. Highway 9, and is designated a Limited-Growth Region. 154 (1) Southern Region All of Cape May County, within the Bay and Ocean Shore Region, except for that portion in the Great Egg Harbor River Region and Barrier Island Region, is designated an Extension Region. (m) Delaware Bayshore Region All of Cumberland County and Salem County within the Bay and Ocean Shore Region is designated a Limited Growth Region, with the exception of the Cities of Bridgeton and Millville which are designated a Development Region. (n) Delaware River Region The area north of the Delaware Memorial Bridge to the coastal zone boundary in Trenton is designated a Development Region, except for land designated as a Low Growth Area by the State Development Guide Plan Concept Map. Such land is along Oldmans Creek eastward of Route 1-295, and along Rancocas Creek and its tributaries in Medford and Southampton Townships, and is designated for Limited Growth. (o) Northern Waterfront Region The entire coastal zone from Cheesequake Creek in Middlesex County to the New York State boundary is designated a Development Region. 7:7E-5.4 Environmental Sensitivity Rating (a) Introduction Environmental Sensitivity is a composite indication of the general suitability of a land area for development based on three factors -- (1) vegetation, (2) fertile soils, and (3) high permeability wet soils -- that are combined to indicate High, Moderate, or Low Environmental Sensitivity on a site or parts of a site. This section first defines these rankings and then defines specifically the three factors. (b) High Environmental Sensitivity High Environmental Sensitivity Areas are land areas with: (1) forest vegetation, and (2) high soil productivity or high permeability wet soils adjacent to a stream channel (permanent or ephemeral), as defined below. All of the following Special Area types shall also be considered High Environmental Sensitivity areas: Farmland Conservation Areas, Steep Slopes, Endangered or Threatened Wildlife or Vegetation Species Habitats, and Critical Wildlife Habitats. (c) Moderate Environmental Sensitivity Moderate Environmental Sensitivity Areas are neither High nor Low Envi- ronmental Sensitivity Areas. 155 (d) Low Environmental Sensitivity LowEnvironmental Sensitivity Areas are areas with: (1) onsite paving or structures on at least 50% of the project site or (2) areas with bare earth or herbacious vegetation or early successional meadow with low soil fertility, and large depth to seasonal high water table. (e) Definitions of Environmental Sensitivity Factors 1. Forest vegetation is defined as a natural community of trees and shrubs with tree species predominantly those of the late succes- sional stage for the region with a majority of trees more than ten years old. 2. High soil productivity is defined as soils with Agricultural Capa- bility Class I, as defined by the U.S. Department of Agriculture, Soil Conservation Service in National Cooperative Soil Surveys. Low soil productivity is any soil designated by Agricultural Capability Class IV-VIII. 3. High permeability wet soils are soils with a depth to seasonal high water table of three feet or less and with textures equal to or coarser than loamy sand within a 24 inch depth from the surface, as indicated in National Cooperative Soil Surveys and includes pri- marily the following coastal soils series: Atsion (At), Hammonton (HaA), Klej (KmA), and Lakehurst MaA, LeB, and LeC)] (LmA and LhA). 4. Large depth to seasonal high water table is defined as a depth to seasonal high water table of more-than five feet. Rationale 1. High Environmental Sensitivity This ranking is given to land areas where combinations of environ- mental factors either make the area particularly valuable as a resource or particularly sensitive to impacts, or a combination of the two. Two area types are important. First, a combination of valuable@resources exists where forest vegetation coincides with the most productive soils. These areas are valuable as open space, for screening, as wildlife habitats, for ground and surface water purification, and as areas that could be used in the future for local food production and/or nutrient absorption. These areas have value both for the functions they now perform in a developing area and as a limited land bank of the most productive soils. Second, where forest vegetation coincides with a rapid soil percolation rate and a shallow depth to water table, there is a combination of resource value and impact sensitivity factors of special concern where there is an adjacent stream or water body. Areas of high soil percolation and shallow depth to water table are especially sensi- tive to ground water impacts because the rapid percolation offers little pollutant filtration . and the distance to ground water is small. When these areas coincide with forest vegetation, itself a valuable resource in developing areas, the physical and biological 156 processes of tree roots contribute to ground water protection by taking up nutrients and other contaminants. The combination of loss of forest vegetation and degradation of ground water that occurs when these areas are developed raises the level of sensitivity. 2. Medium Environmental Sensitivity These are land areas that are neither especially sensitive or insensitive to development. 3. Low Environmental Sensitivity This ranking is given to areas where there would be particularly little loss of valued resources or sensitivity to impacts of concern if development took place. All paved areas are included, because in these areas most of the adverse impacts associated with development have occurred and further development will minimally diminish natural resources or generate new adverse impacts. The second category of low sensitivity has a low resource value since the soils are infertile and there is little or no vegetation. Since the soils are coarse and have low erosion potential, there is a rela- tively large distance to ground water and therefore little potential for transferring adverse impacts. 7:7E-5.5 Development Potential (a) Introduction Development Potential has three levels -- High, Medium and Low -- depend- ing upon the presence or absence of certain development-oriented elements at or near the site of the proposed development, as defined below. The Development Potential rating applies to the entire site. Different sets of Development Potential criteria are defined below for different cate@- gories of development. Also, some of the criteria vary depending upon the regional type. If a specific set of Development Potential criteria is not defined for a particular category or type of development, then the Location Policy assumes a Medium Potential for that category until specific criteria are adopted by DEP. Recommended criteria from an applicant or the public may be considered in the course of the permit application process for a particular development prior to adoption by DEP of specific criteria. (b) Residential Development Potential 1. scope The Residential Development category includes housing, including retirement communities, hotels, motels, and minor commercial facili- ties of a neighborhood or community scale. 2. High Potential sites meet all of the following criteria: W Roads - Direct access from the site to an existing paved public road with sufficient capacity to absorb satisfactorily the traffic generated by the proposed development, or in Develop- ment Regions, direct access to roads which either in their 157 existing state, or with improvements included in the proposed coastal development, provide adequate capacity, or adjacent to roads that have been approved but not built. (ii) Sewage - Direct access to a wastewater treatment system, fncluding collector sewers and treatment Plant, with adequate capacity to treat the sewage from the proposed development, or soils suitable for on-site sewage disposal systems that will meet applicable ground and surface water quality standards, or in Development Regions, access to existing or an approved wastewater treatment system. (iii) Infill - At least 50% of the boundary length of the site is eit Eer immediately adjacent to, or directly across a railroad or public road from any of the following types of development: - residential development at densities of at least one dwelling unit per 2 acres - commercial development - industrial development, including warehouses - schools and other public institutions - ballfields - public park areas developed for recreational use - transportation facilities including train stations and airfields. Site boundaries adjacent to wetlands or surface water shall not be included when making infill determinations. (See Figure 24) Medium Potential sites do not meet all of the criteria for High Potential sites and do not meet any of the criteria for Low Poten- tial sites. 3. Low Potential sites in Low or Moderate Growth Regions meet any one of following criteria: (i) Roads - Site located more than 1,000 feet from the nearest pav7epublic road, (ii) Sewage - Site located more than 1,000 feet from an adequate wastewater treatment system, or soils unsuitable for on-site sewage disposal systems, (iii) Infill - No development at a comparable scale or density is adjacent to the site boundary. 4. In Development Regions, Low Potential sites meet either of the fol- lowing criteria: W Roads - Site located more than 1,000 feet from the nearest 1_7 existi"ng paved or proposed public road, or (ii) Sewage - Site located more than 1,000 feet from existing or approved adequate wastewater treatment system. (iii) Infill - No requirement. 158 Figure 24 INFILL CRITERIA FOR RESIDENTIAL DEVELOPMENT ...... .......... -STREET DEVELOPED UNDEVELOPED THIS IS INFILL STREET < 50% OF BOUNDARY LENGTHS DEVELOPED ------ UNDEVELOPED THIS IS INFILL STREET :EVELOPIO L------ FOOEVELOPM L THIS IS. NO INFILL 159 (c) Major Commercial and Industrial Development Potential 1. Scope The Major Commercial and Industrial Development category includes all industrial development, warehouses, manufacturing plants, wholesale and major regional shopping centers, and major parking facilities. 2. High Potential sites meet all of the following criteria: (i) Roads - Direct access from the site to a paved public road with s=uicient capacity to absorb satisfactorily the traffic generated by the proposed development, or in Development Regions direct access to roads which either in their existing state, or with improvements included in the proposed develop- ment, provide adequate capacity. Sites shall also be within two miles of an existing intersec- tion with a limited access highway, parkway, or expressway, or for industrial development, be a site within one-half mile of a freight rail line with adequate capacity for the needs of the industrial development and with an agreement to build a spur to serve the industrial development. (ii) Sewage - Direct access to a wastewater treatment system, including collector sewers and treatment plant, with adequate capacity to treat the sewage from the proposed development, or soils suitable for on-site sewage disposal systems that will meet applicable ground and surface water quality standards. In Development Regions, where the existing sewage collection or treatment capacity is inadequate and the soils are unsuit- able for septic systems, an applicant may include an agreement with a sewage authority to increase service to provide the required capacity. This will qualify the proposal for a high potential rating, provided that secondary impact analysis demonstrates that any development likely to be induced by new sewage capacity above the requirements of the proposal is acceptable. (iii) Infill - A part of the site boundary shall be either immedi- ately adjacent to, or immediately across a road from, existing major commercial or industrial development, or in Development Regions, either the property proposed for development, or an adjacent property, is adjacent to existing commercial or residential devleopments. 3. Medium Potential sites do not meet all of the criteria for High Potential sites and do not meet any o-f-the criteria for Low Poten- tial sites. 160 4. Low Potential sites meet any one of the following criteria: (i) Roads - A site located more than 1,000 feet from the nearest paveT public road and more than 5 miles from the nearest intersection with a limited access highway, parkway or express- way, except in Development Regions where the site may be located more than 1,000 feet from the nearest paved public road. (ii) Infill - A site located more than one-half mile from the nearest existing commercial or industrial development of more than 20,000 square feet building area. (d) Campground Development Potential 1. Scope A campground development provides facilities for visitors to enjoy the natural resources of the coast. Typically, this type of devel- opment seeks sites somewhat isolated from other development and with access to water, beach, forest and other natural amenities. 2. High Potential sites meet all of the following criteria: W Roads - Sites shall have direct access to a paved public or private road of adequate capacity to serve the needs of the development. (ii) Sewage - Direct access to a wastewater treatment system, including collector sewers and treatment plant, with adequate capacity to treat the sewage from the proposed development, or soils suitable for on-site sewage disposal systems that will meet applicable ground and surface water quality standards. (iii) Region - The region surrounding the site is natural, unde- veloped and contains either beaches, streams, or forests, and is readily accessible by foot to campground u.sers. 3. Medium Potential sites do not meet all of the criteria for High Potential sites ind do not meet any o-r-the criteria for low poten- tial sites. 4. Low Potential sites meet any one of the following criteria: (i) Roads - More than one-half mile to the nearest public paved road. (ii) Sewage - More than 1,000 feet to the nearest sewer with suffi- 7-ient capacity for the needs of the development and soils unsuitable for subsurface sewage disposal systems. (iii) Region - The region surrounding the site is at least partially developed or is not accessible by foot to campground users. 161 (e) Energy Facility Development Potential Development Potential Rankings for energy facilities shall be jointly determined by NJDEP and NJDOE on a case by case basis pending completion of energy facility siting studies. (f) Rationale High Development Potential sites satisfy the major siting requirements of coastal uses and may be most desirable from the developer's viewpoint. The Development Potential factor also considers the extent to which the development of a site would carry out the basic coastal policy to concen- trate the pattern of development by serving as infill to existing pat- terns of development, or whether the proposed development site would extend or-scatter the pattern of development. DEP recognizes that other factors may be important in siting decisions from a developer's perspec- tive. Use of the development potential factor stresses the advantages of existing settled areas and emphasizes the disadvantages of sparsely. settled areas in determining the acceptability of locations. This factor promotes efficient capital investment in public infrastructure and community facilities, as well as conservation of open space. 7:7E-5.6 Definition of Acceptable Intensity of Development (a) introduction The Location Policy for General Land Areas is expressed in terms of three acceptable intensities of development of the site as determined by consulting the Land Acceptability Tables for the appropriate region. Th e acceptable intensities of development are expressed in terms of maximum and minimum acceptable percentages of the gross area of the site that may be, or must be used for structures, herbs and shrubs, or forests. Permeable paving provides a 10% bonus over the permitted maximum level of structures and impervious paving. The acceptable maximum and minimum figures are percentages of the gross site area. Thus if a site were 100 acres of land with no special areas and the analysis showed acceptability for high intensity development, 80-90 acres of the site could be developed with paving and structure. on sites with Special Areas which must remain undeveloped the developable area would be reduced. For example, if a site is 100 acres with 10 acres of wetlands and 20 acres of Endangered Species Habitat, only 70 acres would be acceptable for structures and paving, even if the land analysis showed acceptability for high intensity development which would allow 80-90 acres of a site to be developed (See Figure 25). In some sites, clustering of development may be necessary if an applicant wishes to realize the acceptable maximum percentages. For example, on a 100 acre site proposed for housing with 20 acres of Floodplain and 30 acres of wetland and an acceptability for moderate intensity development, 30-40 acres of paving and structures would be acceptable. This repre- sents 60%-80% of the General Land Area. These percentages are associated with higher density clustered housing rather than detached structures. In the General Land Area, the minimum vegetation figures are relaxed since vegetation is preserved in the water's edge or special areas. 162 Figure 25 ACCEPTABLE, INTENSITY OF DEVELOPMENT CASE 2 SPECIAL AREAS CASE I NO SPECIAL AREAS DEVELOPMENT RESTRICTED IN 30 AC. SPECIAL AREA 100 AC. 100 AC. Ia. HIGH INTENSITY ACCEPTABILITY 2a HIGH INTENSITY 80 - 90 AC. ACCEPTABILITY 70 AC. S. A. lb. MOD. INTENSITY ACCEPTABILITY Zb. MOD. INTENSITY 30 - 40 AC. ACCEPTABILITY 30 - 40 AC. S. A.I V//) Ic. LOW INTENSITY ACCEPTABILITY 2c. LOW INTENSITY 3 - 5 AC. ACCEPTABILITY 3-5 AC. 9. A. Ed AREA WHERE DEVELOPMENT IS ACCEPTABLE VA 9 163 (b) High Intensity Development This level of development permits extensive development of paving and structures. Typically, if analysis showed that most of a large area was acceptable for intensive development, the landscape that would be pro- duced would be urban or heavily industrialized. The photomaps below show examples of typical High Intensity Development landscapes. _4( k Vr jr- A- IBM I For parts of a site classified for High Intensity Development, the acceptable range of development is: High Intensity Structures and Permeable Development Impervious Paving Paving Herb and Shrub Forest Maximum 80% 90% 95% - Minimum - - 5% 5% (Dash symbol (-) indicates no maximum or minimum) This range allows most of each part of the site in this category to be developed with structures or paving, while preserving at least a small minimum of open space in herbs, shrubs and trees for microclimate con- trol, aquifer recharge and visual screening. A developer planning to use pervious paving can, as a bonus, develop a larger percentage of the area. ::@X_171 164 The required percentage of forest shall either be preserved, or, if there is no forest on the site, shall be planted. Tree species shall be those of the native mature forest, and saplings shall be at least 6 feet high at a minimum density of 1 per 100 sq. ft. Forest areas shall be pro- tected from trampling. Shrubs and herbs shall be suitable to the substrate conditions.. In the acid sandy soils common in the coastal area, this requirement excludes many species common in more inland areas. High In tensity Development must be compatible in density with its sur- rounding region. (c) Moderate Intensity Development At this level of development, between 30 and 40 percent of a site can be developed in paving and structures. Typically, if analysis showed that most of a large area was acceptable for moderate intensity develop- ment, the landscape that would be produced would be suburban. The photomaps below show examples of Moderate Intensity Development land- scapes. 4- z' /A 165 For sites classified for moderate intensity development, the acceptable range of development elements is as follows: Moderate Intensity Structures and Permeable Development impervious Paving Paving Herb and Shrub Forest Maximum 30% 40% 80% - Minimum - - - 20% The range allows, for example, development of residential subdivisions of up to approximately 4 dwelling units per acre or, if the porous paving allowance is used and the dwellings are clustered, up to approximately 8 dwelling units per acre. A minimum 20 percent of forest is required to ensure that forest vegeta- tion is preserved or planted for microclimate control, energy conserva- tion, soil stabilization, aquifer recharge and wildlife habitat. Where the site has no existing forest, this percentage shall be met by planting native forest species of the mature forest. It is not intended that this should be costly planting. Whip saplings (less than 3 feet high) at a density of I per 200 square feet are acceptable. The forested areas shall be protected from trampling. The herbs and shrubs shall be adapted to the environmental conditions of the site to reduce the adverse impacts associated with extensive liming, fertilization and irrigation. The acid sandy soils common in coastal areas exclude many species common in inland areas, including most lawn grasses. (d) Low Intensity Development At this level of development intensity, the existing conditions of the site are not to be disturbed, except for selective removal of vegetation for agricultural use or maintenance purposes. Also, no grading, paving or structures would be allowed except for agriculture related use. Typically the landscape Of Low Intensity Development areas would be rural, agricultural, or forest, as shown below in the photomaps. An exception to this general rule is the removal of vegetation for agri- cultural or silvicultual purposes or for recreational use that does not disturb soils. Unless the vegetation is in a special area, the following figures are applicable. 166 Low Intensity Structures and Permeable Development Impervious Paving Paving Herb and Shrub Forest Maximum 3% 5% 95% - Minimum - - - 5% fi, P.111 4k. 7:7E-5.7 Land Acceptability Tables (a) Introduction The Land Acceptability Tables, one for each of the three regional growth types, indicate the acceptable intensity of development of a site or parts of a site, for each of the nine possible combinations of Environ- mental Sensitivity and Development Potential factors in each table. Since Development Potential applies to an entire site, each site can have a maximum of three different levels of acceptable intensity, if it has three areas with different levels of Environmental Sensitivity. 167 Land Acceptability Table: Moderate Growth Region (Southern, Western Ocean, and Barnegat Corridor Regions) ACCEPTABLE DEVELOPMENT ENVIRONMENTAL DEVELOPMENT POTENTIAL SENSITIVITY INTENSITY Line High Moderate LOW Number High Medium Low Low Medium 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 x 7 x x x 8 x x x 9 x x H Land Acceptability Table: High Growth Region (Urban Areas, NortherLW!ten ont, Northern, Central, [and) c.n-9..er Point g@o and belaware Kiver) ACCEPTABLE DEVELOPMENT ENVIRONMENTAL DEVELOPMENT POTENTIAL SENSITIVITY INTENSITY Lin High Moderate Low Numb:r High Medium Low Low Medium High Intensity In tensity Intensity I x x x 2 x x x 3 x x x 4 x x x 5 x x x 6 x x x 7 x x x 8 Ix I I x x 9 IX I I I XI I Land Acceptability Table: Low Growth (Mullica-Southern Ocean, Great Egg Harbor River Basin, and Delaware Bayshore Regions) ACCEPTABLE DEVELOPMENT ENVIRONMENTAL DEVELOPMENT POTENTIAL SENSITIVITY INTENSITY Lin High Moderate Low N,b:r High Medium Low Low Mediu High Intensity Intensity Intensity x x x 2 x x x 3 x 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 168 (b) Rationale The Land Acceptability Tables represent a striking of balances between the environmental sensitivity and development potential of sites, and balances among regions, in order to indicate both which land areas are appropriate locations for development and how the design of the development should use the land features of the site. DEP has categorized the Coastal Zone into fourteen regions because the coastal zone is not uniform. Descriptions of the regions make possible a more graphic, though still generalized, picture of its future. The regions are: Barrier Island, Urban Areas, Northern Waterfront Area, Northern, Central, Western Ocean, Barnegat Corridor, Mullica-South Ocean, Tuckerton, Absecon-Somers Point, Great Egg Harbor, Southern Bay Shore, and Delaware River Area. Also, different broad growt@ policies -- Development, Extension of Development and Limited Growth are appropriate for these regions. Environmental Sensitivity is wdighed more heavily in Limited Growth Regions than in Development Regions. Development Potential is weighed more heavily in Development Regions. The fourteen regions of the coast are divided into three regional growth types as follows: Development: Urban, Northern, Central, Absecon-Somers Point, Northern Waterfront and Delaware River Area; Extension of Growth: Western Ocean County, Barnegat Corridor, Tuckerton and Southern; Limited Growth: Delaware Bayshore, Mullica-Southern Ocean and Great Egg Harbor River Basin. The general growth policies are the basis for the distribution of the development acceptability. The three land acceptability tables show that in Development Regions, - development potential is favored to promote growth, and in Limited Growth areas environmental sensitivity is favored to promote conservation. This general policy affects the tables as follows: 1. Development Regions (Urban, Northern Waterfront, Northern, Central, Absecon-Somers Point and Delaware River) The general policy in these regions is to promote growth through infill and limited extension. In the Northern and Absecon areas, as well as urban areas throughout the coastal zone, most growth will take place in high potential infill sites because of the pattern and density of exist- ing development. In the eastern Central region, growth may occur through both infill and extension. The question here is how much to limit the extension and scattering of development so that orderly growth is pro- moted that does not induce sprawl without unreasonably interfering with the sequence in which sites are developed. In this Development category, the criteria of both high and low develop- ment potential are changed to make it easier to obtain a high or medium ranking. For example, proposals for residential developments that have adequate access to roads and sewers that have been approved but not built may qualify for high development potential status. Proposals that are within 1,000' of roads and sewers that have been approved but are not built qualify for medium development potential. In these areas of 169 planned growth,. the requirement that a site must be infill to qualify for medium development potential does not apply. This definition identi- fies areas where growth is currently planned and then assigns acceptable development intensities as if the infrastructure were in place, which allows non-sequential development. The definition of levels of environ- mental sensitivity is the same throughout the tables. Area Types 1, 2, 3 In these areas development potential is high. Basically these are infill sites. In a Development Region these are prime development areas, satisfying the policy of concentration, so development potential is weighed heavily. Area 1 There is no conflict in this area. Sites with high development potential and low environmental sensitivity are suitable for any intensity of devel- opment compatible with their surroundings. Area 2. There is little conflict in this area. In Development Regions the high development potential overrides medium environmental sensitivity. Impacts can generally be contained by mitigation. Development of any intensity compatible with the surroundings is therefore appropriate to promote growth. Area 3. This is an area of high conflict. Development in these areas encroaches upon fertile forests and forested areas around streams with wet high permea- bility soils. However, because of the high potential and Development Region designations, moderate intensity development is considered acceptable to promote growth. Development on sites, or parts of sites, that are included on this area shall minimize disturbance to the maximum extent practicable and shall distribute the limited areas of structures and paving acceptable in the moderate intensity class as much as possible in areas with a deeper water table and less valuable forest. Mitigation measures to reduce ground and surface water impacts are essen- tial. Areas 4, 5, 6 In these three areas the development potential moves to medium. In Development Regions development potential is also weighed heavily, though less than in the first three areas. The balance is designed to conserve the limited areas of high sensitivity that occur in Development Regions as open space for surrounding developments. Area 4. The environmental sensitivity is low and development of any compatible intensity is appropriate to promote growth. 170 Area 5. Development potential overrides the moderate envi- ronmental sensitivity to promote growth. The accept- able development intensity is high, rather than medium, because the resource loss is moderate and, to promote clustering, intensive growth is desirable. The open space necessary in a developing high growth region is better provided in larger contiguous areas which may also conserve high sensitivity land types, than dispersed through lower density development in moderate sensitivity areas. Area 6. This is an area of conflict. Here high environmental sensitivity overrides development potential. Almost all the high sensitivity areas in the Development Regions are limited areas of forested Atsion, Lake- wood or Klej soils adjacent to streams and water bodies. In these moderate development potential growth extension areas, the preservation of these water related areas is desirable for a number of reasons. They are linked to the water's edge corridors and so many become parks and wildlife habitats linked to an integrated non-vehicular movement system providing recreation and diversity for surrounding areas of development. They conserve the most valuable and sensitive land areas of a developing region improving water quality and adding to the mitigating effects of the water's edge areas. Development of these areas is relatively difficult and expensive: vegetation must be cleared, filling is necessary for foundations and paving and special mitigation measures are necessary for the release of sewage and runoff effluents. Conservation therefore benefits both the community and the environment. Areas 7, 8, 9 In these three areas, development potential is low, sites are distant from existing or approved roads and sewers, and soils are unsuitable for septic systems. The criteria for low development potential in Development Regions allows scattered non-sequential development in areas where growth is planned. Environmental sensitivity must be weighed more heavily in these three lines to prevent sprawl into unsewered areas where soils are unsuitable for septic systems. This is particularly common in the sandy soils of Development Regions. 171 Area 7. This is the only area of these three where conflict arises between the policy of promoting development in Development Regions and the policy of discouraging sprawl. The criteria for low potential in Develop- ment Regions are designed more narrowly than in other areas to allow most sites to qualify for medium development potential. Environmental sensitivity overrides development potential in this area to restrict scattered development in unsewered sandy soils. Areas 8 & 9 In these two areas, environmental sensitivity over- rides development potential to prevent scattered development into areas of low potential where resource loss and impacts are of concern. 2. Extension Regions (Western Ocean County, Barnegat Corridor, Tucker- ton and Sout ern The general policy in these areas is to promote nodal growth based on existing centers of development and to limit ribbon and scattered development along minor roads. It is desirable in these areas to promote settlement patterns that could be served by public trans- portation systems, particularly buses. Because of this policy, development acceptability is more limited in areas of extension. Environmental sensitivity is weighed more heavily than in Development Regions. The criteria for inclusion in development and extension categories are also more rigorous for this reason. Sites must be adjacent to existing roads and sewers to qualify for high potential and adjacent to existing developed sites and within 1,000 feet of existing roads and sewers to qualify for medium potential. These more rigorous standards are set to increase the limitations to sprawl in Extension Regions. Areas 1, 2, 3 In these three areas, development potential is high, sites infill or round off, and the necessary infrastructure is available. These are the nodes where growth is to be promoted. Development poten- tial is weighed more heavily than environmental sensitivity. Areas I & 2 Here development potential overrides environmental sensitivity. The acceptable development intensity is kept high in both areas to promote clustering in the growth nodes. Area 3. This is an area of conflict, with development en- croaching upon highly sensitive areas. In order to promote concentration at nodes, development potential partly overrides environmental sensitivity to permit moderate,intensity development. Developers building on sites or parts of sites that are regulated by this 172 area shall place structures and paving in a way that avoids the most sensitive parts of the area as much as possible and mitigate impacts according to 'the Resource Policies. Areas 4, 5, 6 In these three areas, development potential is medium, sites are extensions of existing development and within moderate distances of roads and sewers. If development acceptability is moderate or high, ribbon development along roads is possible conflict- ing with the policy of nodal development. In the Southern Region, extensive land areas fall within the Farmland Conservation Area. In western Ocean County, there are few land areas adjacent to existing roads. Little ribbon development is there- fore possible. To allow limited growth, development potential partly overrides environmental sensitivity in all but the most sensitive areas to allow moderate intensity development. Areas 4 & 5 Here moderate intensity development is acceptable to allow very limited extensions of existing road- side developments. Area 6. Here the most sensitive areas are conserved from ribbon development both to prevent sprawl in Exten- sion Regions and to protect valued and sensitive land areas. Areas 7, 8, 9 In these areas development potential is low, sites are distant from roads, and sewers and soils are unsuitable for septic tanks. To prevent scattered sprawl development in limited growth areas, the acceptable intensity of development is low. 3. Limited Growth Areas (Delaware Bayshore, Mullica-Southern Ocean Great Egg Harbor River Basin) The general policy in these areas is that conservation is more important than development and environmental sensitivity is there- fore weighed more heavily than other areas. In the Delaware Bay- shore, the concern is the conservation of agricultural land. In the Mullica-Southern Ocean and Great Egg Harbor River Basin regions the concern is conservation of the natural environment. The spread of development must, therefore, be highly restricted. In order to satisfy these policies, development has been limited to infilling and rounding off in areas of moderate and low environmental sensi- tivity. Areas I & 2 These areas show moderate intensity development acceptable in infill sites. This allows a limited amount of growth within existing settlements espe- cially where development had leapfrogged in the past leaving pockets of undeveloped land. 173 Areas 3 to 9 In these areas development is restricted in Limited Growth Regions either because the lower development potential implies ribbon or scattered sprawl in conf1ict with the subregional growth policy or, to conserve the environmentally sensitive areas which are more valuable in Limited Growth Regions than elsewhere. (c) Determination of Location Acceptability The location acceptability of a coastal development proposed for a General Land Area is determined by comparing the site plan of the proposed development, with the acceptable minimum and maximum percentages of the site for structures, paving, herb and shrub vegetation, and forest vegetation, as specified in the three levels of acceptable devel- opment intensity in the Land Acceptability Tables that apply to the site or parts of the site. The percentages of the proposed development's site plan shall conform with the percentages determined using the Land Accept- ability Tables, to the maximum extent practicable. 174 SUBCHAPTER 6 - GENERAL LOCATION POLICIES 7:7E-6.1 Policy on Location of Linear Development A linear development, such as but not limited to a road, sewer line, or offshore pipeline, that must connect two points to function shall comply with the specific location policies to determine the most acceptable route, to the maximum extent practicable. If part of the proposed alignment of a linear development is found to be unacceptable under the specific location policies, that alignment (perhaps not the least possible distance) may nonetheless be acceptable, provided the following conditions are met: (a) there is no prudent or feasible alternative alignment which would have less impact on sensitive areas, (b) there will be no permanent or long term loss of unique or irreplace- able areas, (c) appropriate measures will be used to mitigate adverse environmental impacts to the maximum extent feasible, such as restoration of disturbed vegetation, habitats, and land and water features, (d) the alignment is located on or in existing transportation corridors and alignments, to the maximum extent practicable. 7:7E-6.2 Basic Location Policy A location may be acceptable for development under the specific location policies above, but the DEP may reject or conditionally approve the proposed development of the location as reasonably necessary to: (a) promote the public health, safety, and welfare, (b) protect public and private property, wildlife and marine fisheries, and (c) preserve, protect and enhance the natural environment. 7:7E-6.3 Secondary Impacts (a) Definition Secondary impacts are the effects of additional development likely to be constructed as a result of the approval of a particular proposal. (b) Policy Coastal development that induces further development shall demonstrate, to the maximum extent practicable, that the secondary impacts of the development will satisfy the Coastal Resource and Development Policies. The level of detail and areas of emphasis of the secondary impact analy- sis are expected to vary depending upon the type of development. Minor projects may not even require such an anaylsis. Transportation and 175 wastewater treatment systems are the principal types of development that require a secondary impact analysis, but major industrial, energy, commercial, residential, and other projects may also require a rigorous secondary impact analysis. Secondary impact analysis must include an analysis of the likely geo- graphic extent of induced development, its relationship to the State Development Guide Plan Concept Map, an assessment of likely induced point and non-point air and water quality impacts, and evaluation of the induced development in terms of all applicable Coastal Resource and Development Policies. Models for secondary impact analysis may be found in New Jersey Department of Community Affairs, Division of State and Regional Planning, Secondary Impacts of Regional Sewerage Systems (1975) and in USEPA, Manual for Evaluating Secondary Impacts of Wastewater Treatment Facilities (EPA-600/5-78-003, 1978). (c) Rationale Further development stimulated by new development and the cumulative effects of coastal development, including development not directly managed by DEP, may gradually adversely affect the coastal environment. The capacity of existing infrastructure does, however, limit the amount and geographic extent of possible additional development. Secondary impact analysis, particularly of proposed infrastructure, enables DEP to ascertain that the direct, short term effects, and the indirect or secondary effects of a proposed development will be consistent with the basic objectives of the Coastal Management Program. Secondary impact analysis enables DEP to evaluate likely cumulative impacts in the course of decision-making on specific projects. 176 SUBCHAPTER 7 - USE POLICIES 7:7E-7.1 Purpose Many types of development seek locations in the coastal zone. The second stage in the screening process of the Coastal Resource and Development Policies spells out a set of policies for particular uses of coastal resources. Use policies are policies and conditions addressed to parti- cular kinds of development. Use policies do not pre-empt location policies which restrict development, unless specifically stated. In general, they introduce conditions which must be satisfied in addition to the Location Policies, and the Resource Policies described in the follow- ing section. 7:7E-7.2 Housing Use Policies (a) Definition Housing includes both large and small developments of single family detached houses, multi-family units with apartments or town houses, high rise buildings and mixed use developments. (b) Water Area and Water's Edge Housing 1. Policy M New housing development is prohibited in Water Areas outside Special Urban Areas except for reconstruction of existing residential structures on pilings located on guts, canals, lagoons and ports which have been damaged by causes other than wind, water or wave, which is conditionally acceptable. In Special Urban Areas, new housing development is acceptable in Water Areas on existing pilings, provided public access between the residential units and the water body is not restricted. (.ii) New Housing development is conditionally acceptable in the Filled Water's Edge, provided that: (a) it would not preempt use of the waterfront portion of the Filled Water's Edge for potential water dependent uses, (b) the site fulfills the General Land Area criteria for moderate or high intensity development, and (c) public access along the water's edge is not restricted. (iii) New housing development involving the stabilization of existing lagoons through revegetation, bulkheading or other means is conditionally acceptable provided that the conditions of the Existing Lagoon Edges policy are satisfied. 2. Rationale Housing is not dependent on water access, and does not generally qualify for exceptions to the policy of restricting non-water dependent development along the water's edge. In addition to this general restriction, most of the Special Area policies contain specific restrictions that have the practical effect of discouraging or prohibiting new development, including housing, from sensitive areas. 177 (c) Cluster Development 1. Policy Housing developments are encouraged to cluster dwelling units on the areas of sites most suitable for development. 2. Rationale Clustering is defined as an increase of net density realized by reducing the size of private lots and retaining or increasing the gross density of a project. The open space that is pro- duced by clustering can be returned to the community as common open space. The location policies define certain sensitive areas where development is limited. When such areas are present on a site, the acceptable gross density may have to be reduced, unless the net density can be increased by clustering. Where municipal zoning requires minimum lot sizes that preclude clustering, appli- cants are encouraged to seek local approval, through new ordinances and/or variances, to maintain the permissible gross density by clustering. DEP will aid this endeavor by providing a rationale and testimony, as appropriate, especially for the protection of sensi- tive areas. Cluster developments lessen the impact of construction by preserving valued soil, open space, vegetation and aquifer recharge resources. Some cluster developments also increase insulation and reduce energy consumption due to shared walls between units. (d) Residential mix 1. Policy Housing development that provides for a mix of dwelling types and for persons of different age and income groups is encouraged. 2. Rationale The quality of life improves when residential areas provide a diversity of dwelling types, at different cost levels, so that people of different ages, life styles, and incomes can live together, rather than the post-war pattern of highly stratified development that has taken place in the process of suburbanization of the coastal zone. At the same time, the coastal region already provides specialized dwelling types for particular groups, such as senior citizens. (e) Fair Share Housing 1. Policy Residential development is encouraged to help municipalities to accommodate their fair share of the regional need for low and moderate income housing, as defined in "A Revised Statewide Housing Allocation Report for New Jersey" (Department of Community Affairs, 178 Division of State and Regional Planning, Bureau of Urban Planning, May, 1978). Residential developments shall provide least cost housing where feasible, especially in Development Regions and in municipalities not presently providing their fair share of low and moderate income housing. 2. Rationale In March 1975, the New Jersey Supreme Court, in Southern Burlington County NAACP v. The Township of Mount 'Laurel 67 N.J. 151 (1975) declared that a municipality must "presumptively make realistically possible an appropriate variety and choice of housing ... at least to the extent of the municipality's fair share of the present and prospective regional need ..." In April 1976, the Governor issued Executive Order No. 35, (amended by Executive Order No. 46 of December 1976) which directed the Division of State and Regional Planning in the Department of Community Affairs to prepare a state- wide fair share housing allocation plan. Developments in the coastal zone that contribute to meeting judicial intent concerning municipal fair shares are encouraged. Atlantic City is a unique case in that is has more than its fair share of least cost housing, but as casinos increase the demand for and cost of housing, it is necessary that new least.cost housing be provided in the city and its surrounding coastal region to accommo- date persons forced out of housing by rising costs as well as people attracted to the region by new jobs. (f) Housing and Transportation 1. Policy (a) The development of housing at locations and densities that contribute to the feasibility of public transportat ion is encouraged. (b) Residential developments are encouraged to include bicylcle paths to activity centers and bicycle storage facilities. (c) Residential developments are encouraged to provide pedestrian amenities which include lighted walkways with benches, lighted sidewalks with curb ramps and intersections, shade trees, and pedestrian controlled traffic lights. 2. Rationale Public health and welfare concerns about air quality, as well as the necessity to limit energy consumption, require that public policies and decisions encourage alternatives to reliance on private automobiles. 179 (g) Housing Rehabilitation 1. Policy Residential development involving the demolition and redevelopment of existing structures is discouraged, unless rehabilitation of the existing structures is demonstrated to be impract ical, infeasible, or contrary to the public interest. 2. Rationale The preservation, restoration, or rehabilitation of existing structures is preferable to demolition and redevelopment in order to save structures and neighborhoods with historic and aesthetic interest. Rehabilitation is often more labor intensive than con- struction of a new building. This means that more jobs are created and less energy is consumed through the production of new building materials. (h) High Rise Housing 1. Policy All high rise housing developments, defined as structures for residential use more than six (6) stories or more than sixty (60) feet from grade, are encouraged to locate in areas of existing high density, high-rise and/or intense settlements. High rise housing is acceptable subject to the following conditions: (i) high-rise structures within the view of coastal waters must be separated from coastal waters by at least one public road or an equivalent area physically and visually open to the public, (ii) the longest lateral dimension of any high-rise structure must be oriented perpendicular to the beach or coastal waters, (iii) the proposed structure must not block the view of dunes, beaches, horizons, skylines, rivers, inlets, bays, or oceans that are currently enjoyed from existing residential struc- tures, public roads or pathways, (iv) the structure must not overshadow beaches between May and October, or waterfront parks year round, (v) the proposed structure must be in character with the sur- rounding transitional heights and residential densities, or be in character with a comprehensive development scheme requiring an increase in height and density, (vi) the proposed structure must not have an adverse impact on air quality, traffic, and existing infrastructure. 180 2. Rationale Considerable recent residential development along the coast, from the Palisades to the barrier islands,. has taken the form of high-rise, high-density towers. While conserving of land, some high-rise structures represent a visual intrusion, cause adverse traffic impacts, and cast shadows on beaches and parks. Under CAFRA, DEP has approved several high-rise structures in Atlantic City and denied two CAFRA applications for high-rise proposals, one in downtown Toms River (Ocean County) and another in Brigantine (Atlantic County). This policy strikes a balance, between banning high-rises and allowing tall residential structures anywhere in the coastal zone. Large-Scale Residential Development 1. Definition Large-scale Residential Developments are free standing, planned developments, which include at least 500 residential dwelling units. They may also include commercial, industrial, and recrea- tional, uses. 2. Policy Large-scale Residential Developments are conditionally acceptable, provided that they carry out the basic coastal policy to concentrate the regional pattern of development, contribute to regional housing needs, and do not cause significant adverse secondary impacts. Large-Scale Residential Developments need not meet the Land Area Policies, except in the High and Moderate Environmental Sensitivity portions of Limited Growth Regions, where only the roads and sewage criteria will be used in determining if the Development Potential is High, Medium or Low (See Policy 7:7E-5.5(b)). 3. Rationale Large planned communities offer advantages of scale in creating new modes of development and providing housing. Such large projects may, however, detract from or alter appropriate regional patterns of development. 7-:7E-7.3 Resort/Recreational Use Policies (a) Definition Resort-recreation uses include the wide range of small and large develop- ments attracted to and often dependent upon locations along the coast. Resort-recreation uses include hotels, motels, marinas, boating facili- ties, campgrounds, amusement piers, parks and recreational structures such as bath houses, natural areas, open space for active and passive recreation, and linear paths for bicycling and jogging. 181 (b) Recreation Priority 1. Policy (i) Each waterfront municipality should contain at least one waterfront park on each body of water within the munici- pality. Municipalities or private developments that do not currently provide, or have active plans to provide, access to the water will not be eligible for Green Acres or Shore Pro- tection Bond Funding. (ii) Resort/Recreation Uses shall have priority over all other uses, in Monmouth, Ocean, Atlantic, and Cape May, Cumberland and Salem Counties with highest priority reserved for those uses that serve a greater rather than a lesser number of people, and those uses that provide facilities for people of all ages and for people with physical handicaps. 2. Rationale The national and state interests in recreation are clearly indicated in the coastal economy and are essential for the quality of life. The coastal environment provides numerous opportunities for recrea- tion which should be expanded by public policy and action, including priority setting. (c) Recreation Areas Within Developments 1. Policy Recreation areas shall be incorporated in the design of all residen- tial, industrial and commercial development, to the maximum extent practicable. 2. Rationale The recent national recognition that recreation is physically and mentally important for people of all ages should be accom- modated by new development. Recreational facilities are important near places of employment, as well as in residential areas, since many people only have opportunities for recreation during the working day. NOTE: See Resource Policy on Public Access to the Shorefront (7:7E-8.13) (d) Marinas 1. Policy (i) New or expanded marinas for recreational boating are condi- tionally acceptable if: (a) the demonstrated regional demand for recreational boating facilities cannot be met by the upgrading or expansion of existing marinas, and 182 (b) the proposed marina includes the development of an appropriate mix of dry storage areas, public launch- ing facilities, and berthing spaces, depending upon the site conditions and (c) the proposed marina provides adequate pump out stations for wastewater disposal from boats in a manner consistent with federal and state water quality laws and regulations. (ii) New marinas or boat launching facilities that provide primarily for sail and oar boating are encouraged. (iii) Expansions of existing marinas shall be encouraged by limiting non-water dependent land uses that preclude support facilities for boating. (iv) Publicly funded marinas shall be designed to be part of multiple use parks, to the maximum extent practicable. (v) Recreational boating facilities are acceptable provided that they are designed and located in order to cause minimal feasible interference with the commercial boating industry. Rationale The location of marinas requires the use of sensitive lands at the waters edge which exist in only limited supply and are also valued for other activities. The policies aim to ensure that the area devoted to marinas is fully and efficiently Utilized to keep the size of the area required to a minimum. Waiting lists for slips at existing marians-would be one type of evidence of regional need for additional facilities. Facilities for sail and oar boating are encouraged because such boats consume less energy and have less of a polluting impact on the water@than motor boats. (e) Amusement Piers, Parks and Boardwalks 1. Policy New amusement piers are prohibited, except in areas with privately held riparian grants, where they are discouraged. Expanded or extended amusement piers, parks, and boardwalks at the water's edge or in the water and the on-site improvement or repair of existing amusement piers, parks and boardwalk areas are discouraged unless the proposed development meets the following conditions: M the amusement pier, parks, or boardwalk does not unreason- ably conflict with aesthetic values, ocean views, other beach uses, and wildlife functions, and (ii) public access to the shorefront is not limited, and (iii) the surrounding community can adequately handle the activity and uses to be generated by the proposed development. 183 2. Rationale Amusement piers, amusement parks, and boardwalks form an essential element of the resort and recreational character of some of the communities fronting on the Atlantic Ocean. The carnival atmosphere of these areas provides fun and excitement annually for hundreds of thousands of people. However, new piers for amusement purposes are an inappropriate use of scarce coastal resources, due to the natural hazard of the desired ocean location and the importance of main- taining the visual quality of the oceanfront. Also, amusement parks are not a water-dependent use; these facilities may be located inland on less sensitive land and water features. 7:7E-7.4 Energy Use Policies (a) General Definition of Energy Uses Energy uses include facilities, plants or operations which produce, convert, distribute, or store energy. Under the Department of Energy Act, the term "energy facility" does not include an operation conducted by a retail dealer. (b) General Energy Facility S iting Procedure 1. Policy (i) The acceptability of all proposed new or expanded coastal energy facilities shall be determined by a review process that includes both NJDEP and the New Jersey Department of Energy (N.J.S.A. 52:27F-1 et seq.) according to the procedures defined in the Memorandum of Understanding between NJDEP and NJDOE on Coordination of Permit Reviews. (ii) NJDOE will determine the need for future coastal energy facilities according to three basic standards. NJDOE will submit an Energy Report to DEP with its determination of the need for a coastal energy facility based on three required findings: - the existing sources of supply will not be adequate to meet future levels of demand, including careful consideration of the potential effects of conservation, - that no better technological alternative exists to meet future levels of demand, - that no better locational alternative to the proposed site exists. (iii) NJDEP will determine the acceptability of coastal energy facilities using the Coastal Resource and Development Policies supported by appropriate, technically sound analyses of alter- natives. 184 iv) If NJDOE has submitted an Energy Report to DEP, the DEP deci- sion document shall refer to the NJDOE Energy Report and indicate DEP's reasons for differences, if any, between the DEP decision and the NJDOE Energy Report. (v) Where NJDOE and NJDEP disagree on the acceptability of a specific proposed coastal energy facility (for example, on a speci-fic proposed site for one type of energy facil- ity) , the disputed decision shall, in accord with state law, be submitted to the State's Energy Facility Review Board for final administrative action. 2. Rationale NJDOE and NJDEP share responsibility for carrying out the energy facility siting, planning and project review elements of the New Jersey Coastal Management Program. The State Energy Master Plan and its appendices, the Coastal Resource and Development Policies, and the Memorandum of Understanding between NJDEP and NJDOE provide a clear framework for decision-making by these two State agencies on the review of proposed facilities, as well as a basis for continued consultation and cooperative planning. (c) Outer Continental Shelf (OCS) Oil and Gas Exploration and Development 1. Policy , Rapid exploration of the Mid-Atlantic, North Atlantic, and other offshore areas with potential reserves of oil and natural gas is encouraged, as long as no long term adverse impacts will result, onshore or offshore and such activities are conducted in accordance with the policies of the program. Onshore activities related to the exploration, development and production of offshore hydrocarbons shall be carried out according to the specific energy facility policies of this section. 2. Rationale The decision of the U.S. Department of Interior to lease offshore tracts for oil and natural gas exploration presents New Jersey with new onshore and marine-related environmental problems and opportunities (See Figure 26). New Jersey supports offshore explor- ation, recognizing the national need to identify new energy sup- plies, as long as this new industrial activity does not conflict with the State's second most important industry, tourism, which depends upon the maintenance of a high quality coastal environment. In the event that commercial quantities of natural gas and/or oil are found off the New Jersey coast, there may be considerable onshore and offshore activity during the development stage of OCS operations that is necessary for production of these hydrocarbon resources. Development activity will diminish once production begins. 185 Figure -26 - OCS OIL AND GAS LEASING AREAS Ky. R1. CT eo"ele 0. 10 41* ow York N PA. Philadelphia NJ. JIM Atlantic CiIV7 -3e DE. Mo. .38 VA. LEGEND CALL AREA- SALE 59 TRACTS SELECTED FOR ENVIRONMENTAL SALE 59 STUDY TRACTS LEASED -SALES 40&49 SOURCE, 0 PARTMENT OF THE iNTIRM E 4 BUREAU (W LAND 0141RA011169"WT.1 0- 0 10 25 miles 0 72 740 73 a 71 A number of natural gas strikes have been made on tracts leased in the Mid-Atlantic OCS Region. To date, these strikes do not consti- tute a commercial discovery. To minimize the impact of needed facilities, DEP encourages the location of OCS-related facilities, except oil and gas transporta- tion facilities, in developed areas where the infrastructure and labor market already exist to absorb such activity. During the construction of onshore oil and gas facilities, there may be an influx to the coastal zone of the marine service and engineer- ing industry. This service sector office-oriented activity will be encouraged to locate in urban centers, such as Atlantic City, which because of its proximity to OCS Lease Sale 40 has already been selected by industry as the take-off point for helicopters to the offshore rigs and platforms. Also, the U.S. Geological Survey (U.S.G.S.) has located its mid-Atlantic field office in Atlantic City to supervise and monitor offshore operations. (d) onshore Support Bases 1. Policy New or expanded onshore support base s and marine terminals to support offshore oil and gas exploration, development, and produc- tion (including facilities for work boats, crew boats and heli- copters, pipelaying barges, pipeline jet barges, ocean-going tugs, anchor handling vessels, and limited, short-term storage facili- ties), are encouraged at locations in built-up urban coastal areas and discouraged in less developed areas of the coastal zone. Preferable locations for water-dependent onshore support bases include urban waterfront areas, where onshore adverse physical, economic, and institutional impacts will be less than the impacts likely to be placed on less industrially developed areas which are more dependent upon tourism and the resort industry. Small facili- ties for storing oil spill containment and cleanup equipment for offshore operations and emergency crew transport facilities, including crew boat operations will, however, be acceptable along the Atlantic Ocean or Delaware Bay where such a location would facilitate and expedite offshore emergency operations. 2. Rationale offshore exploratory activity began off New Jersey in the Baltimore Canyon on March 29, 1978. If the exploratory drilling is success- ful, the offshore oil and gas industry is likely to seek onshore support bases closer to the offshore tracts than the present temporary bases established by the major oil, gas, and offshore service and supply companies at Davisville, Rhode Island. Because of shallow inlets in the Bay and Ocean Shore Segment, few locations in this part of New Jersey meet industry's siting requirements. This policy recognizes that the New Jersey coast is favored by proximity to the offshore tracts as a site for onshore staging bases, and carries out the basic policy to concentrate rather than disperse industrial development in the coastal zone. 187 (e) Platform Fabrication Yards and Module Construction 1. Policy Platform fabrication yards and modu 'le construction are encouraged in built-up coastal areas of the coastal zone, along the Hudson, Raritan and Delaware Rivers which have the requisite acreage, adequate industrial infrastructure, ready access to the open sea, and adequate water depth, and where the operation of such a yard would not alter existing recreational uses of the ocean and waterways in the areas. They are discouraged elsewhere in the coastal zone.. 2. Rationale The development phase of OCS activity in the Mid-Atlantic may require additional platform construction yards. The need for such facilities is dependent on the long term OCS development in frontier areas of the Atlantic Coast and the worldwide demand for such structures. However, platform construction yards require large tracts of land and are labor intensive. The operation of a platform construction yard could severely disrupt the economy and social fabric of less developed communities and areas. For these reasons, offshore platform construction yards are encouraged to seek loca- tions in the already developed areas of the New Jersey coast. However, the height restrictions of bridges on certain other New Jersey waterways may sharply limit the suitability of sites in New Jersey. Existing under-utilized shipyards may be used, however, for platform module construction. (f) Repair and Maintenance Facilities 1. Policy Repair and maintenance facilities for vessels and equipment for offshore activities are encouraged in the Delaware River and Northern Waterfront Areas. Repairs can be accommodated on an emergency basis in existing ship repair facilities in the Atlantic Ocean and Delaware Bay area, but not on a continual, long term basis. 2. Rationale Ship repair yards presently exist in the developed coastal areas and should be utilized by OCS vessels that will be based in the same portion of the coast. Small shipyards within the Bay and Ocean Shore region can serve valuable repair functions on an emergency basis because of their proximity to the offshore leased areas. Utilization of repair yards in this region on a continuing basis, however, is not encouraged because of problems in meeting the OCS vessel draft requirments and because of possible conflicts with recreational vessels. 188 (g) Pipe Coating Yards 1. Policy 0 Pipe coating yards are discouraged along the Atlantic Ocean and Delaware Bay and encouraged along the Delaware River and in the port area under the jurisdiction of the Port Authority of New York and New Jersey. 2. Rationale Pipe coating yards constitute an industrial activity that is generally incompatible with the suburban and rural character of the Delaware Bay and Atlantic Ocean shore region. Further, pipe coating yards typically require 100-150 acres, and wharf space with a preferred depth at the wharf of 20 to 30 feet. These siting requirements suggest that highly industrial port areas are preferred locations. (h) Pipelines and Associated Facilities 1. Policy Crude oil and natural gas pipelines to bring hydrocarbons from offshore New Jersey's coast to existing refineries, and -oil and gas transmission and distribution systems and other new oil and natural gas pipelines are conditionally acceptable, subject to the following conditions and restrictions: (i) For safety and conservation of resources, the number of pipeline corridors, including trunk pipelines for natural gas and oil, shall be limited, to the maximum extent feasible, and designated following appropriate study and analysis by the Department of Environmental Protection and the New Jersey Department of Energy, and interested federal, state and local agencies, affected industries, and the general public, (ii) The pipeline corridors for landing oil or natural gas are to be located in or adjacent to existing already developed or dis- turbed road, railroad, pipeline, electrical transmission or other rights-of-way, to the maximum extent practicable, (iii) Oil and gas pipelines are subject to the following restric- tions, respectively, regarding the Central Pine Barrens and other particularly sensitive areas: Pipeline corridors for landing oil are prohibited in the Central Pine Barrens area of the Mullica River, Cedar Creek watersheds and portions of the Rancocas Creek and Toms River watersheds, defined as the 760 square mile region adopted by DEP as a "critical area" for sewerage purposes and non-degradation surface and ground water quality standards -- see N.J.A.C. 7:9-4.6(i), (j), and N.J.A.C. 7:9-10.1(b) and Figure 27 -- and discouraged in other undeveloped parts of the Pine Barrens, 189 -- Pipeline corridors for natural gas are discouraged in the Central Pine Barrens as defined above, unless the devel- oper can demonstrate that construction and operation of the proposed pipeline will meet the adopted nonrdegrada- tion standards for water quality and cause no long term adverse environmental impacts, (iv) Proposals to construct offshore oil and gas pipelines, origina- ting on the Outer Contintental Shelf and all of the contem- plated ancillary facilities along the pipeline route such as, for example, gas separation and dehydration facilities, gas processing plants, oil storage terminals, and oil refineries will be evaluated by DEP and the New Jersey Department of Energy, in terms of the entire pipeline corridor through the State of New Jersey and the adjacent territorial sea, (v) To preserve the recreational and resort character of the coastal areas, the following conditions and prohibitions shall apply to oil and gas pipe 1 ine-rel ated facilities. New major pumping stations and other ancillary facilities associated with offshore oil and gas pipelines shall be discouraged from locations in the Bay and Ocean Shore area. Gas separation and dehydration plants and compressor stations and other facilities associated with natural gas pipelines which are approved shall be protected by ade- quate visual, sound, and vegetative buffer areas, and Offshore platforms for pumping or compressor stations are encouraged to locate out of sight of the shoreline. (vi) Pipeline corridors through the state coastal waters shall, at a minimum and to the maximum extent feasible, avoid offshore munitions, chemical and waste disposal areas, heavily used waterways, geological faults, wetlands and significant fish or shellfish habitats. (vii) Pipelines shall be buried to a depth sufficient to withstand exposure by scouring, shipgroundings, anchors, fishing and clamming and other potential obstacles on the sea floor. Trenching operations shall be conducted in accordance with applicable federal regulations. 2. Rationale New Jersey recognizes that pipelines, rather than other modes of surface transportation such as tankers and barges, are the preferred and more environmentally sound method of bringing crude oil and natural gas ashore from offshore wells. The impact of pipelines are most evident during the construction phase. 190 Figure 27 PINE BARRENS EXCLUSION AREA SUSSEX ,"PASSAIC 114 BERGE* WARREN MORRIS X @ESSEf DSO x UNIGIN HUNTERDON @40MERSET S EX MERCER MONMOU ..'"LINGTO PINE BARRENS VEGETATION OFFSHORE OIL OR GAS PIPELINE SALEM EXCLUSION AREA ON c STATE OF NEW JERKY DEAVATMENT OF FWW ONWNTAL MOYFCTN* However, these impacts will generally be short term provided proper construction technologies, mitigating measures, scheduling prac- tices, and restoration efforts are utilized. At the same time, particular attention should be focused on the potential onshore effects of pipelines on the sensitive ecosystem of the coast and the Pine Barrens. These effects and the visual, noise, and odor impacts which may be created by facilities associated with OCS pipelines, require that New Jersey proceed cautiously and prudently in select- ing pipeline corridors, specific alignments, and locations for ancillary facilities. New Jersey, along with the numerous public and private interests at the local, state, and national levels involved in pipeline siting, is participating in the intergovernmental offshore oil and gas transportation planning process being coordinated by the U.S. Department of Interior, Bureau of Land Management (BLM). BLM has promoted the concept of a common carrier pipeline in recent years by including a stipulation in all lease sales which requires pipelines constructed on the OCS to be placed in designated corridors. The Federal Energy Regulatory Commission which has the overriding responsibiity for siting natural gas pipelines, has also endorsed the concept of designated utility corridors. Gas Separation and Dehydration Facilities 1. Definitions Separation is defined as the removal of fre@ liquids from a gas stream. They may be either hydrocarbon liquids, which may be processed into fuels such as ethane, butane and propane, or free water. Dehydration is the removal of water vapor from the gas stream after separation of the liquid from the gas. 2. Policy Separation and dehydration facilities are discouraged in the Bay and Ocean Shore area. Such facilities that are approved shall meet all applicable air and water quality standards, and be protected by adequate visual, sound, and vegetative buffers. Separation and dehydration facilities will be reviewed as part of the overall proposed gas transportation system by NJDEP and NJDOE. 3. Rationale It is anticipated that natural gas extracted from the Mid-Atlantic OCS will contain natural gas (mostly methane) and water, along with relatively small amounts of liquid hydrocarbons. Most of the water can be removed from the natural gas stream on the production plat- form. The liquid hydrocarbons, or condensate, will be returned to the gas stream downstream of gas measurement equipment on the platform and transported to shore with the gas in a single pipe- line. The natural gas liquids and small amounts of water which 192 reach landfall by the pipeline must be separated from the gas stream before it reaches an existing interstate natural gas transmission line. This can, from a technological standpoint, occur at any point along the onshore corridor. Separation/dehydration facilities essentially remove water, natural gas liquids, and other impurities from the gas stream. The natural gas liquids are temporarily stored in fixed-roof storage tanks with vapor recovery systems until transported offsite by rail, tank truck or pipeline to a gas processing plant. Water will be disposed of either by deep well injection or by trucking to an approved offsite disposal location. Basic siting criteria requires up to 50 acres of fairly level land, with 20-30 acres intensively utilized and the remaining acreage serving as a buffer zone around the plant. Additionally, easy access to either highway and/or railroad facilities is desirable. (j) Gas Compressor Stations 1. Definition Compressor stations are facilities located along natural gas pipe- lines which raise the pressure of the gas in order to transport the resource more efficiently and economically. 2. Policy Compressor stations are encouraged to be located out of the sight of the shoreline on platforms in offshore waters. They are discouraged from locations in the Bay and Ocean Shore area. 3. Rationale The pressure of the gas at the well is the driving force for pushing the gas through a pipeline to shore, and, once ashore, to a connec- tion with an existing interstate transmission line. In some cases, gas pressure at the well is sufficient to free flow the gas to shore. Once ashore, the gas will continue through the pipeline to a separa- tion and dehydration facility and then to the interstate trans- mission line. it is not expected that the pressure losses due to friction and the presence of natural gas liquids and water in the gas stream will be sufficient to require compression of Mid-Atlantic natural gas. However, if they are required, it is feasible to place them anywhere along the pipeline corridor. (k) Gas Pigging Facility 1. Definition A pig is a scraping tool that is forced through a pipeline to clean out accumulations of wax, scale, gas liquids or any foreign mater- ials from the inside walls of the pipe. The pig is inserted off- shore and would be removed at an onshore location called a pigging facility. 193 2. Policy A pigging facility, which may or may not be associated with a separation and dehydration facility, is discouraged in the Bay and Ocean Shore area. The need for and location of the facility will be reviewed within the context of the entire natural gas pipeline system. 3. Rationale A pipeline must be periodically "pigged" in order to ensure its efficient operation and to safeguard against damage. Water and hydrocarbon vapor may condense as pressures drop along the length of a natural gas pipeline and may collect in low points in the pipe- line. The condensate must be removed to maintain efficiency in the transmission of gas. (1) Gas Processing Plants 1. Definition A gas processing plant is designed to recover liquifiable hydro- carbons from a gas stream before it enters a commercial transmission line. A gas processing facility may include treatment, recovery and fractionation equipment to separate the recovered liquid hydrocarbon stream into its various components including, for example, ethane, butane and propane. 2. Policy Gas processing plants proposed for locations between the offshore pipeline landfall and interstate natural gas transmission lines shall be prohibited from sites within the Bay and Ocean Shore area and shall be located the maximum distance from the shoreline. The siting of gas processing plants, will be reviewed in terms of the total pipeline routing system by DEP and NJDOE. 3. Rationale Gas processing plants may be needed if commercially recoverable quantities of natural gas are found off New Jersey's shore. These facilities, however, do not require locations on the shore- line. If the amount of liquids separated from the gas stream is minimal, the liquids can be trucked or transported by rail to exist- ing facilities which could process these liquids. A gas processing plant may induce the location and/or expansion of chemical plants since gas and its byproducts often provide the feedstock for the petrochemical industry. 194 To promote the most efficient use of land, gas processing plants could be located close to existing interstate natural gas transmis- sion pipelines. Alternatively, where natural gas is associated with oil and oil pipelines, gas processing plants should be located close to refineries to which the oil pipeline will be routed. Thus, gas processing plants which are ecnomically and technically feasible and which do not exceed new source and performance standards regarding air and water quality are conditionally acceptable in the Delaware River and Northern Waterfront areas. (m) Other Gas-Related Facilities 1. Policy Additional facilities related to a natural gas pipeline such as metering and regulating stations, odorization plant's, and block valves are conditionally acceptable in the Bay and Ocean Shore area provided they are protected by adequate visual, sound, and vegeta- tive buffer areas; are approved by DEP and NJDOE; and are in com- pliance with U.S./DOT regulation. 2. Rationale Certain ancillary facilities, in addition to pipeline, may be necessary to assure the safe, efficient and economical transporta- tion of natural gas to shore. The impacts of these facilities will be evaluated in the overall analysis of the gas transportation system. (n) Oil Refineries and Petrochemical Facilities 1. Policy New oil refineries and petrochemical facilities are conditionally acceptable outside of the Bay and Ocean Shore area provided that: M they are consistent with all applicable Location and Resource policies, (ii) there is a need for the facility as determined by NJDOE, and (iii) an EIS determines that the facility will have no unacceptable impacts. New oil refineries and petrochemical facilities outside the Bay and Ocean Shore area are encouraged to locate in established industrial areas accessible to their potential labor force. New oil refineries and petrochemical facilities are prohibited in the Bay and Ocean Shore Segment. Expansion in capacity of existing oil refineries and petrochemical facilities at existing sites, which are all located outside of the Bay and Ocean Shore Region, will be acceptable if such expansion does not violate applicable State air and water water quality standards. 2. Rationale Refineries are large-scale industrial facilities that are neither c oas tal -dependent nor compatible with the character of the Bay and Ocean Shore Region. However, new refineries or additions to existing refineries using advanced technology to control air and water pollution and other hazards could be compatible with existing development in the Delaware River Area or northern wat*rfront. 195 (o) Storage of Crude Oil, Gases and Other Potentially Hazardous Liquid Substances 1. Policy The storage of crude oil, gases and other potentially hazardous liquid substances as defined in N.J.A.C. 7:1E-1.1 under the Spill Compensation and Control Act (N.J.S.A. 58:10-23.11) is prohibited on barrier islands and discouraged elsewhere in the Delaware and Raritan Bay and Atlantic Ocean Shore region. In the Northern Waterfront and Delaware River areas, such facilities are condi- tionally acceptable if they meet air and water Resource Policies and are compatible with or adequately buffered from surrounding uses. They are not acceptable along the water's edge unless they are supplied by ship in which case they are acceptable on the Filled Water's Edge subject to the above conditions. They are not accept- able where they would limit or conflict with a potential recrea- tional use. 2. Rationale Major storage facilities for potentially hazardous substances are not entirely c oas tal -dependent and will not be permitted where storage might limit or conflict with recreational or open space uses of the coast. (p) Tanker Terminals 1. Policy New or expanded tanker facilities will be acceptable only in existing ports and harbors where the required channel depths exist to accommodate tankers. Multi-company use of existing and new tanker terminals will be encouraged in the Port of New York and New Jersey and in the area bounded by the Delaware River Port Authority, where adequate infrastructure exists to accommodate the secondary impacts which may be generated by such terminals, such as processing and storage facilities. New tanker terminals will be discouraged in other parts of the coast. offshore tanker terminals and deepwater ports are discouraged from the Bay and Ocean Shore Region, pending a thorough evaluation of the implications of such a facility. 2. Rationale Onshore tanker facilities pose potential adverse environmental impacts and could encourage secondary development activity that is not necessarily coastal dependent. Also, even medium sized tankers require minimum channel depths of 30 feet, which excludes locations within the Bay and Ocean Shore Region. New or expanded tanker terminals are therefore directed toward New Jersey's estab- lished port areas. Deepwater ports appear attractive to industry due to increasingly larger tankers, limitations on dredging and the scarcity of waterfront land. However, a deepwater port may, depend- ing on its location, cause severe adverse primary and secondary impacts on the built, natural, and social environment. 196 (q) Electric Generating Stations 1. Policy New or expanded electric generating facilities (for base load, cycling, or peaking purposes) and related facilities are condi- tionally acceptable subject to the conditions that follow. Con- version or modification of exsiting generating facilities for pur- poses of fuel efficiency, cost reduction, or national interest are conditionally acceptable provided they meet applicable State and federal laws and standards. M The construction and operation of the proposed facility shall comply with the Coastal Resource and Development Poli- cies, with special reference to air and water quality standards and policies on marine resources and wildlife, NJDEP and NJDOE shall find that the proposed location and design of the electric generating facility is the most reason- able alternative for the production of electrical power.that NJDOE has determined is needed. The finding shall be based on a comparative evaluation by the applicant of alternative sites within the coastal zone and inland, and of alternative tech- nologies for the transportation and conversion of energy as well as the productive use of plant residuals, including thermal discharges. (iii) Fossil fuel (coal, oil or gas) and hydroelectric generating stations are discouraged in scenic or natural areas that are important to recreation and open space purposes, (iv) Nuclear generating stations shall be located in generally remote, rural, and low density areas, consistent with the criteria of 10 CFR 100 (U.S. Nuclear Regulatory Commission rules on siting nuclear generating stations) and/or any other related federal regulations. In addition, NJDEP shall find that the nuclear generating facility is proposed for a location where the appropriate low population zone and population center distance are likely to be maintained around the nuclear gener- ating facility, through techniques such as land use controls or buffer zones, (v) The construction and operation of a nuclear generating station shall not be approved unless DEP finds that the proposed method for disposal of the spent fuel to be produced by the facility: M will be safe, (ii) conforms to standards established by the U.S. Nuclear Regulatory Commission, and (iii) will effectively remove danger to life and the environment from the radioactive waste material. This finding is required under present state law (N.J.S.A. 13:19-11) and will be made consistent with judicial decisions (see Public Interest Research Group v. State of New Jersey, 152 N.J. Super. 191) and federal law. 197 (vi) The construction of electric generating facilities using renewable forms of energy such as solar radiation, wind, and water, including experimental and demonstration projects, is encouraged in the coastal zone provided that the facilities do not significantly detract from scenic or recreational values. The cogeneration of electricity and process steam for industrial, community and commercial use is also encouraged. 2. Rationale The siting of an electric generating station is an extraordinary event with far-reaching impacts, when compared with the typical day-to-day decisions made under the State's coastal management program. Such siting decisions therefore require special scrutiny using: (a) the State's authority in its management of state-owned tidelands and submerged lands contemplated as sites for all or part of an electric generating station, (b) the State's regulatory authority, and (c) the State's influence in federal proceedings on aspects of the siting process. New Jersey's coastal zone, especially along Barnegat Bay and Delaware Bay, has experienced the consequences of several major siting decisions in the past decade and already has a diverse mix of existing, proposed, and potential fossil fuel and nuclear generating facilities, both onshore and offshore. For example, in 1980 two nuclear generating units were in operation in the coastal zone. Salem Unit I on Artificial Island on the Delaware River in Salem County and at Oyster Creek near Barnegat Bay in Ocean County. Four additional nuclear generating units are under construction in the Bay and Ocean Shore Segment and have received the appropriate federal and State approvals, including Forked River on the Oyster Creek site in Ocean County, and Salem 2 and Hope Creek I and 2 on Artificial Island. The Hope Creek project, which DEP approved under CAFRA in 1975, had its genesis in a project contem- plated at Newbold Island in the Delaware River, less than five miles south of Trenton. In 1973, the U.S. Atomic Energy Commission (the predecessor to the Nuclear Regulatory Commission), acting in accord with the view of New Jersey, recommended that Artificial Island would be a more suitable site than Newbold Island because of popula- tion density concerns. Until PSE&G decided to withdraw its pro- posal, New Jersey's coastal zone was also the site of two proposed floating nuclear reactors, the Atlantic Generating Station, Units I and 2, at a site in the Atlantic Ocean east of Little Egg Harbor. The coastal zone also includes generating stations that have used various fossil fuels depending upon the price and availability of fuel as well as well as upon the applicable air quality rules. New Jersey recognizes the interstate nature of the electric power system. Some electricity is produced in New Jersey at facilities owned partially by utilities in other states and exported to those states. New Jersey also imports electricity produced in adjacent 198 states. In short, New Jersey is an integral part of the Pennsyl- vania-New Jersey-Maryland interconnecting grid system, importing and exporting electricity from the system at different times of the day, season and year in order to generate electricity efficiently and achieve the lowest achievable cost to electricity users throughout this multi-state region. The need for converting some existing facilities from oil-fired to coal-fired generation is recognized by the Powerplant and Industrial Fuel Use Act of 1978 (FUA) P.L. 95-620. The FUA restricts, through mandatory and discretionary prohibitions, the use of natural gas and petroleum as primary energy sources in existing powerplants. In the FUA, the national objective to decrease dependency on imported fuel is combined with the desire to achieve self-sufficiency in a manner that minimizes environmental and social costs. These objectives are considered sufficiently flexible in their achievement as to ensure that the environmental impacts are acceptable (see Fuel Use Act, EIS, April 1979, U.S. DOE).. New Jersey also recognizes that most electric generating facilities may not be c oas tal -dependent but do require access to vast quanti- ties of cooling waters, a siting factor that, from the perspective of utilities, increases the attractiveness of coastal locations. This siting policy strikes a balance among various competing national, regional, and state interests in coastal resources, and recognizes some of the differences in the siting requirements of fossil fuel and nuclear generating stations. The policy directs fossil fuel stations toward built up areas in order to preserve and protect particularly scenic and natural areas important to recreation and open space purposes. New Jersey has articulated this policy with a conscious recognition of the state's progress in attaining and maintaining high air quality. Given the use of appropriate control technology, coal-fired gener- ating stations, for example, appear feasible at various coastal locations. The siting of coal-fired power plants in urban areas also promotes efficient energy use due to the proximity of power ,plants to load centers. The nuclear siting policy recognizes public concern for the disposal of spent fuel, as mandated in 1973 by the New Jersey Legislature in CAFRA. Liquefied Natural Gas (LNG) Facilities 1. Policy (i) New marine terminals and associated facilities that receive, store, and vaporize liquefied natural gas, for trnsmission by pipeline to a base load electric generating station are dis- couraged in the coastal zone unless (a) a clear and precise 199 justification for such facilities exists in the national interest, (b) the proposed facility is located and constructed so as to neither unduly endanger human life, property nor otherwise impair the public health, safety and welfare, as required by N.J.S.A. 13:19-10f, (c) such facilities comply with the Coastal Resource and Development Policies. LNG facilities shall be sited in accordance with the standards set forth in P.L.96-129, Title I Subtitle B, Pipeline Safety Act of 1979, Section 6(a)(3) which states that no new LNG facility may be operated unless an accident contingency plan is found to be adequate by the Department of Transportation under the Natural Gas Act. In determining the acceptability of proposed LNG facilities, DEP will consider siting criteria such as: (a) the risks inherent in tankering LNG along New Jersey's water ways, (b) the risks inherent in transferring LNG onshore, and (c) the compatibility of the facility with surrounding land uses, population densities, and concentrations of commercial or industrial activity. (ii) New LNG facilities that liquefy, store and vaporize LNG to serve demand during peak periods shall be located in generally remote, rural, and low-density areas where land use controls and/or buffer zones are likely to be maintained. 2. Rationale The Pipeline Safety Act of 1979, P.L. 96-129, amended the Natural Gas Pipeline Safety Act of 1968 and sets forth requirements for the safe operation of pipelines transporting natural gas and liquefied petroleum gases, and provides standards with respect to the siting, construction, and operation of liquefied natural gas facilities. The State recognizes the responsibilities of various federal agen- cies, including the U.S. Coast Guard and office of Pipeline Safety Operations in the U.S. Department of Transportation, the Economic Regulatory Administration in the U.S. Department of Energy (US DOE), and the independent Federal Energy Regulatory Commission within USDOE, for management of various aspects of the siting and opera- tions of LNG facilities. Importation facilities for LNG are discouraged in view of the present sources of LNG from politically unstable counties. The use of natural gas for base load electric generation purposes is incon- sistent with the Power Plant and Industrial Fuel Use Act of 1978, P.L. 95-620. The availability of domestic sources of LNG and a demonstrated need that such importation facilities are in the national interest dictate considering applications for.such facili- ties on a case by case basis. 200 The tankering, transfer, and storage of LNG pose significant risks to public health, safety and welfare and may cause serious adverse environmental impacts which may not be restricted to one state, given the likely potential locations of LNG terminals along inter- state waterways. New Jersey therefore recommends that the siting of LNG facilities be treated as a regional issue on an interstate basis. 7:7E-7.5 Transportation Use Policies (a) Roads 1. Policy New road construction shall be limited to situations where: (i) a clear need exists, taking into account the alternatives of upgrading existing roads and of using public transpor- tation to meet the need, (ii) provision is made to include construction of bicycle and foot paths, except where these would not be feasible, (iii) provision is made for coordinated construction of public transportation rights-of-way and facilities, such as bus lanes, rail lines, and related transit stop or station facili- ties and parking, except where such construction would not be feasible, (iv) surrounding land does not lose its recreational and aesthetic opportunity, and (v) induced development in conflict with coastal policies would not be expected to result. 2. Rationale This policy is based on two assumptions: (i) that the coastal zone, is for the most part adequately served already by the existing road network, and (ii) that further capital investment in trans- portation facilities for the coastal region should emphasize those kinds of facilities which would minimize environmental damage and energy use . Consequently, new road construction should be under- taken only where the burden of proving need is met after less damaging and more fuel efficient alternatives have been considered. in addition, fur:ther investment in road construction should include coordinated investment in low-damage, highly fuel-efficient modes whereover possible. (b) Public Transportation 1. Policy New and improved needed public transportation facilities, including bus, rail, air, and boat travel and related parking facilities, are encouraged. 201 2. Rationale A basic premise of the coastal management program is concen- trating the pattern of development, in part to facilitate public transportation. While new air transportation facilities appear unlikely in the Delaware Ba y, Raritan Bay and Atlantic.Ocean shore areas, bus facilities and parking systems appear appropriate, particularly as a solution to the transportation problems of barrier island resorts. In the more developed parts of the coastal zone, expansion, improve- ment and new construction of all forms of public transportation are the most appropriate ways to meet the new transportation needs generated by goods and people. (c) Bicycle and Foot Paths 1. Policy M The construction of internal bicycle paths, foot paths and sidewalks in residential, commercial, and industrial develop- ments is required to the maximum extent practicable. (ii) Linear bicycle and foot paths are encouraged along the edges of all water bodies, provided they would not disturb Special Areas or subject the user to danger. (iii) Existing bicycle and foot paths must be continued around development when it is not practical to pass through deve Top- ment. 2. Rationale Paths for pedestrians and bicycles provide active outdoor recreation and may lead to reduced dependency on cars, especially if settlement patterns are made more compact. (d) Parking Facilities 1. Definition Parking facility policies apply to all parking facilities, in part or wholly within the area subject to the Waterfront Develop- ment Act, and to parking facilities for 300 or more cars elsewhere in the coastal zone. 2. Policy Parking lots, garages and large paved areas are conditionally acceptable, provided that they will not interfere with existing or planned mass transit services, the extent of paved surfaces is minimized, and landscaping with indigenous or preferred species is maximized, the development satisfies the Resource Policies for air, water, and runoff, and the development is compatible with its surroundings and satisfies the.Location Policies. 202 3. Rationale Parking facilities provide a necessary transportation facility, but one that may cause air and water impacts. 7:7E-7.6 Public Facility Use Policies (a) Definition Public Facilities includes a broad range of public works for the produc- tion, transfer, transmission, and recovery of water, sewerage and other utilities. The presence of an adequate infrastructure makes possible future development and responds to the needs created by present develop- ment. (b) General Public Facilities 1. Policy New or expanded public facility development is conditionally acceptable provided that: (i) The public facility would serve a demonstrated need that cannot be met by an existing -public facility at the site or region, (ii) Alternate technologies, including conservation, are an imprac- ical or infeasible approach to meeting all or part of the need for the public facility, (iii) The public facility would not generate significant second- ary impacts inconsistent with the Coastal Resource and Develop- ment Policies, and Upgrading existing facilities to meet development and redevel- opment needs in developed waterfront areas is encouraged. 2. Rationale Public facilities provide all important public services, but can also adversely affect the coastal environment and economy if improperly located, designed, or constructed. In particular, the secondary impacts of new public facility construction and the need for the facility require scrutiny. In developed areas, some inadequate public facilities need to be upgraded and improved. (c) Solid Waste 1. Policy Solid waste conservation techniques such as recycling, resource and energy recovery and volume reduction, must be explored and proved infeasible before a new or expanded sanitary landfill preferably at a regional scale, is deemed acceptable. 203 Sanitary landfills that locate in the upland must demonstrate that the leachate will not adversely impact the ground or surface waters, by iusing a lining and/or a leachate filtration plant. Acceptable plans for restoring the site must be submitted with the original proposal. 2. Rationale Solid waste is a resource whose potential for recovery must be evaluated before locating new sanitary landfills. Further, regional solutions to solid waste management are mandated under State law. In addition, the development of new landfills is subject to the regulations of DEP's Solid Waste Administration. (d) Wastewater Treatment 1. Policy M Coastal development that does not employ the most energy- efficient wastewater treatment system practicable is dis- couraged. Energy efficient systems are encouraged. (ii) on-site sewage disposal systems which recycle nutrients and water for productive use are encouraged where the design, installation, operation, and maintenance will be consistent with applicable ground and surface water quality statutes and regulations. (iii) Wastewater treatment systems that recharge the groundwater with highly treated effluents are encouraged, provided that con- sistently high quality effluents and acceptable recharge techniques are demonstrated. (iv) Wastewater treatment facilities shall, to the maximum extent feasible, provide for multiple use of the site, including open space and recreation use. 2. Rationale Wastewater treatment systems range in scale from on-site sewage disposal systems to regional treatment systems with centralized plans, major interceptors, and ocean outfalls. In the past decade considerable wastewater treatment system construction has taken place or been authorized in developing parts of the coastal zone with corresponding improvements in water quality. New wastewater treatment systems must be carefully evaluated in terms of water quality impacts and secondary impacts. The federal Clean Water Act encourages federally funded wastewater treatment facilities to provide for multiple use of the site. The Coastal Policies support and extend this federal policy by requiring that all new wastewater treatment facilities in the coastal zone consider the.feasibility of multiple use. 204 7:7E-7.7 Industry Use Policies (a) Definition Industry uses include a wide variety of industrial processing, manufac- turing, storage and distribution activities Industry is defined by Standard Industrial Classification (SIC) categories 2011 to 3999, except for 2991 (petroleum refining), which is covered by Use Policy 7:7E-7.4(i). 1. Policy (i) Industry is encouraged in Special Urban Areas and conditionally acceptable elsewhere provided it is compatible with all applic- able Location and Resource Policies. Particular attention should be given to Location Policies which reserve the water's edge for water dependent and water related uses (Sections 7:7E-3.17 and 7:7E-3.21); to Resource Policy 7:7E-8.15, which requires that the use be,compatible with existing uses in the area or adequate buffering be provided; and to Resource Policy 7:7E-8.13, which places public access requirements upon the use. (ii) New industrial development is encouraged to locate at or adjacent to existing sites, to the maximum extent practicable. (iii) industry that is easily accessible to its labor force by foot or public transportation is encouraged. (iv) Marine resource dependent industry, such as commercial fishing, is encouraged and shall have priority over other waterfront uses, except for recreation. (v) The cogeneration of electricity with process steam is encour- aged. 2. Rationale A strong industrial base is vital if an area is to be healthy and vibrant. Many of the developed parts of the coast are suffering from a declining industrial base. Land which had been productive is now vacant and in need of redevelopment. The industrial policies encourage industry to locate in the vacant areas of the the cities of the Northern and Delaware waterfronts. However, the policies recognize that a healthy waterfront will host a mix of uses. By asking waterfront industries to create public access to the water and to make sites they would vacate available to the public, the policies also recognize the waterfront as a valuable public resource. The industrial policies address the conflicting demands and effects of industrial waterfront development. The policies recognize several factors which must be considered in the decision making process. First, water dependent industry must locate somewhere along the waterfront. Other industry which needs water for operat- ing or processing, some or all of the time, might also require a 205 location near the waterfront, but landward of the water's edge. Second, as a result of environmental degradation, urban areas are suffering from unmet recreation and open space needs. Third, urban areas typically suffer from high unemployment and deteriorating tax bases. Fourth, city dwellers must be supported in their efforts to rejuvenate and revitalize their cities, making them pleasant and economically viable places to live. 7:7E-7.8 Mining Use Policies 1. Policy New or expanded mining operations on land, and directly related development, for the extraction and/or processing of construc- tion sand, industrial sand, gravel, ilmenite, glauconite, and other minerals are conditionally acceptable, provided that the following conditions are met (mining is otherwise exempted from the General Land Areas policy, but shall comply with the Special Areas, and General Water Areas): (i) the location of mining operations, such as pits, plants, pipelines, and access roads, causes minimal practicable disturbance to significant wildlife habitats, such as lowland swamp forests and stands of mature vegetation, (ii) the location of new or expanded mining operations is generally contiguous with or adjacent to sites of existing mining opera- tions, or probable locations of mineral resources on nearby sites, in order to concentrate and not scatter the location of mineral extraction areas within a region, recognizing that mineral resources occur only in certain limited areas, (iii) adequate buffer areas are provided, using existing vegeta- tion and/or new vegetation and landscaping, to provide maximum feasible screening of new on-land extractive activities and related processing from roads, water bodies, marshes, and recreation areas, (iv) the mine development and reclamation plan, including the timetable, phasing, and activities of the new or expanded mining operations, has been designed with explicit and adequate consideration of the ultimate reclamation, restoration, and reuse of the site and use of its surrounding region, once the mineral resource is depleted, (v) the mineral extraction areas shall be reclaimed, contoured and replanted, to ensure slope stability, control erosion, afford adequate drainage, provide as natural an appearance as possible, and increase the recreation potential of the restored site, (vi) the mining operations control and minimize to the maximum extent practicable adverse impacts from noise and dust, surface water pollution, and disposal of.spoils and waste materials and conform to all applicable federal, state, and local regulations and standards, 206 (vii) the mineral extraction will not have a substantial or long- lasting adverse impact on coastal resources including local economies, after the initial adverse impact of removal of vegetation, habitat, and soils, and not including the long term irretrievable impact of use of the non-renewable mineral resource. 2. Rationale New Jersey's coastal zone includes important deposits of minerals. Mining these non-renewable resources is vital to certain sectors of the economy of selected regions of the coastal zone, the entire state and in some cases the nation, depending upon the specific type of mineral. For example, the high quality silica sands of Cumber- land County supply an essential raw material for New Jersey's glass industry. other industrial sands mined and processed in Cumberland County serve as basic ingredients in the iron and steel foundry industry. Ilmenite deposits in Ocean County produce titanium dioxide which is used in paint pigment. Construction grade sands are used in virtually all construction activity. The extraction and processing of minerals from mines on land also produces short and long term adverse environmental impacts. For example, open-pit mining removes all vegetation and soil, destroys wildlife habitat, changes the visual quality of the land- scape, and irretrievably consumes the depletable mineral resource. Many of these impacts can be ameliorated by incorporating prop er, imaginative and aggressive reclamation and restoration planning into the mine development process. However, the location of mineral deposits is an unquestionably limiting factor on the location of mining operations. Reasonable balances must therefore be struck between competing and conflicting uses of lands with mineral deposits. Depending upon the diversity and strength of a local economy, depletion of mineral deposits through extraction may lead to serious adverse long term economic consequences, particularly if the planned reclamation does not replace the direct economic contribution of the mining industry. The non-renewable nature of mineral resources must also be considered carefully in light of the uses of some of the mined minerals. 7:7E-7.9 Port Use Policies (a) Definition Port uses are concentrations of shoreside marine terminals and transfer, facilities for the movement of waterborne cargo (including fluids), and including facilities for loading, unloading and temporary storage. 207 (b) Policies M Port related development and marine commerce is encouraged in and adjacent to established port areas. Water dependent development shall not be preempted by non-water dependent development in these areas. (ii) New port use outside of existing Ports (see definition, Section 7:7E-3.11) are acceptable only when there is a clear -demonstra- tion of need, and when suitable land and water area is not available in or adjacent to an existing port. (iii) New or expanded ports must be compatible with surrounding land uses and provide for maximum open space and physical and visual access to the waterfront, provided that this access does not interfere with port operations or endanger public- health and safety. New or expanded ports must also not interfere with national, state, county or municipal parks, recreation areas, or wildlife refuges. (iv) New, expanded or redeveloped port facilities must have direct access to navigation channels of sufficient depth for antici- pated vessel access with minimal dredge and fill requirements, adequate access to road, rail transportation, and adjacent land with sufficient load bearing capacity for structures. (v) Limited water-dependent, port-related activity, such as commercial fishing, support facilities and emergency oil spill clean up stor- age, is acceptable at the small commercial harbors in the coastal zone. (c) Rationale New Jersey's port areas "are a regional, national and international resource. The existing ports, located largely in the Delaware and Northern Waterfront Areas contain unused and underused areas which can be refurbished to meet increases in demand. The state must never- theless allow for possible unanticipated future needs for port area. As in the past, port activities will continue to be a vital part of the economy of New Jersey. However, changes in shipping technology have caused once thriving ports such as Jersey City and Hoboken to become the scene of dilapidated docks and piers and acres of vacant land. The port policies recognize the changing ship technology and will encourage new or expanded needed modern facilities in areas where port facilities would be compatible with existing uses. The poli- cies recognize modern facilities require large expanses of land to. accommodate specialized equipment and host a full array of services. However, the policies seek to avoid construction of a modern facil- ity which meets the needs of today but could become obsolete tomor- row. For this reason, facilities are encouraged not to over-specialize. At the same time, the policies recognize the need to have large bulk cargo facilities to avoid construction of numerous small port facilities. 208 Recognizing the value of the water as a public resource and the need for environmental controls, the policies require facilities to be designed with provision for minimum environmental degradation. The policies endorse the concept of multimodalism and encourage port facili- ties to make use of existing infrastructure. In addition, the policies encourage an integrated port system which uses container ships where ship channels are deep enough to accommodate these vessels, but provides for use of smaller barges to move goods to inland waterways or along shal- lower channels. Recognizing the value of the waterfront to the public, the policies require port facilities to provide for the maximum public visual and physical access to the waterfront consistent with safety and security concerns. The policies accommodate port usage of the waterfront, where needed and appropriate, while encouraging redevelopment and other uses which would be in the best interest of the public. 7:7E-7.10 Commercial Facility Use Policies (a) Hotels and Motels 1. Definition Hotels and motels are commercial establishments, known to the public as hotels, motor-hotels, motels, or tourist courts, primarily engaged in providing lodging, or lodging and meals, for the general public. Also included are hotels and motels operated by membership organizations, whether open to the general public or not. 2. Policy (i) New, expanded or improved hotel-motel developments are condi- tionally acceptable provided that the develo pment: (i) com- plies with all Location and Resource Policies and with the policy for high-rise housing, and (ii) is compatible in scale, site design, and architecture with surrounding development. (ii) Hotels and motels are not water dependent. Hotel and motel development is encouraged if it promotes revitaliza- tion of an urban area and meets all policy requirements. In special Urban Areas, new hotel and motel development is acceptable in the Filled Water's Edge on existing pilings, provided public access between the hotel or mote and the water body is not restricted. 3. Rationale Hotels and motels enable New Jersey residents and tourists to visit the coast. They support the tourist economy of the area. The buildings must be located, however, so they do not harm or threaten the resources which attract people to the coast. 209 (b) Casino Hotels 1. Definition Casino hotels are hotels with casinos as provided for in the Casino Control Act (P.L. 1977, c. 100, as amended). 2. Policy Hotel-casino development in Atlantic City shall be located in the city's traditional resort area (along the Boardwalk), and in the State Marina area to the maximum extent practicable. Hotel-casino development is discouraged in existing residential areas and in areas where access by public transportation between the proposed hotel-casino and the Boardwalk is limited. Hotel-casino development is discouraged along the access highways to Atlantic City. Hotel- casino development shall comply with the high-rise housing policy. Hotel-casino development and new residential development are encour- aged in Atlantic City to ensure that the objectives of the 1976 constitutional referendum on casino gambling, including the stimula- tion of new construction and the revitalization of Atlantic City and its region, are achieved. The policies of the program shall be interpreted consistent with these objectives. 3. Rationale This hotel-casino location policy serves several purposes: (1) protecting Atlantic City's existing diverse neighborhoods, (2) facilitating public transportation solutions (such as bus, jitney, park-and-ride, or rail) to the problem of increased access to and in Atlantic City, (3) promoting pedestrian movements, (4) reducing pressure on vehicular systems, and (5) preserving the historic and low-rise residential character of the Gardner's Basin and Inlet area. (c) Retail Trade and Services 1. Definition Retail trade and service is a broad category including establish- ments selling merchandise for personal and household consumption, such as food stores and clothing stores; service establishments such as banks and insurance agencies; establishments such as restaurants and night clubs; and establishments for participant sports such as bowling alleys and indoor tennis courts. 2. Policies (i) In Special urban Areas, new or expanded retail trade and service establishments are encouraged in Filled Water's Edge Areas as part of mixed use developments, provided that the development: (a) is compatible in scale, site design and architecture with surrounding development 210 (b) promotes public use of the coast, and (c) promotes revitalization of the urban area (ii) Elsewhere in the coastal zone, new or expanded retail trade and service establishments are conditionally acceptable in Filled Water's Edge Areas, provided that the development: (a) is water related, and (b) adjacent to, and compatible with, existing Water's Edge Development (iii) New or expanded retail trade facilities are prohibited in most Special Water's Edge Areas, other than the Filled Water's Edge. 3. Rationale Commercial development in the urban waterfront area is consistent with the state's economic development policy to target loans and bond assistance for commercial and retail establishment to urban areas. Commercial development, however, must be situated so it does not harm or threaten the resources which attract people to the waterfront. (d) Convention Centers and Arenas 1. Definition Convention centers are facilities designed primarily for holding conventions. Arenas are commercial facilities designed primarily for spectator sporting events. Arenas do not include indoor tennis courts, bowling alleys and other facilities primarily designed for participant sports, nor arenas affiliated with schools and colleges. 2. Policy New convention centers and arenas are encouraged in Special Urban Areas, and conditionally acceptable in Development regions, provided that the developm&nt: (a) is compatible in scale, site design, and architecture with surrounding development, and (b) is accessible by public transportation. New convention centers and arenas are discouraged in Barrier Island, Extension and Limited Growth regions. 3. Rationale Convention centers and arenas would provide social and cultural benefit to residents and visitors to the waterfront areas. They would also support the economy of the area. However, they can also generate traffic and induce additional development. They must, therefore, be located so that such impacts can be easily absorbed. The buildings must be located, however, so they do not harm or threaten the resources which attract people to the coast. 211 7:7E-7.11 Coastal Engineering (a) Definition Coastal Engineering includes a variety of structural and non-struc- tural measures to manage water areas and the shoreline for natural effects of erosion, storms, and sediment and sand movement. Beach nourishment, sand fences, pedestrian control on dunes, stabilization of dunes, dune restoration projects, dredged spoil disposal and the construction of retaining structures such as bulkheads, revetments and seawalls are all examples of coastal engineering. The Location Policies on General Water Areas and Special Areas are directly relevant to most coastal engineering uses. These Coastal Engineering Use policies do not apply to uses associated with ports, commerce, and industry. (b) Shore Protection Priorities 1. policy Non-structural solutions to shoreline erosion problems are preferred over structural solutions. The infeasibility and impracticality of a non-structural solution must be demonstrated before structural solutions may be deemed acceptable. 2.. Rationale Past reliance on costly structural shore protection measures, such as groins and jetties to retard the longshore transport of sand by the littoral drift, and seawalls, bulkheads and revet- ments to prevent waves from reaching erodible materials has proven to be an inadequate and incomplete solution. Bulkheads are deteri- orating. Groins are starving the natural longshore transport of sand. Man has modified and destroyed dunes that provide natural protection against storm surges. inlets frequently develop shoals which prevent safe navigation. The natural processes along the shoreline must be carefully evaluated over reaches or regions of the coast to determine the likely long term effects of shore protection measures. Non-structural measures realistically recognize the inevitability of the ocean's advancement and the migration of barrier islands. Yet this concern must be balanced against the short term benefits of structures to protect the present intense recreational use of the narrow strip of oceanfront land in New Jersey. (c) Dune Management 1. Policy Dune restoration and maintenance projects as a non-structural shore protection measure, including sand fencing, revegetation, additions of non-toxic appropriately sized material, control of pedestrian and vehicular traffic, are encouraged. 212 2. Rationale A natural dune field provides a strong measure of natural protection for adjacent land uses. (d) Beach Nourishment 1. Policy Beach nourishment projects, as a non-structural shore protec- tion measure, are encouraged, provided that: (i) the particle size of the fill material is compatible with the existing beach material to ensure that the new material will not be removed to a greater extent than the existing material would be by normal tidal fluctuations, (ii) the elevation, width, slope, and form of proposed beach nourishment project are compatible with the charac- teristics of the existing beach, and (iii) the sediment deposition will not cause unacceptable shoaling in downdrift inlets and naviga- tion channels. 2. Rationale Beach nourishment depends upon an adequate quantity and suit- able quality of beach nourishment material, otherwise the material may quickly return to the ocean. (e) Structural Shore Protection 1. Policy (i) The construction of new shore protection structures including jetties, groins, seawalls, bulkheads, and other retaining structures to retard longshore transport and/or to prevent tidal waters from reaching erodible material acceptable only if it meets all of the following six policies: (1) The structure is essential to protect water dependent uses or heavily used 'public recreation beach areas in danger from tidal waters or erosion, or the structure is essential to protect existing structures and infrastructure in developed shorefront areas in danger from erosion. (2) The structure is designed to eliminate or mitigate adverse impacts on local shoreline sand supply. (3) The structure will not create net adverse shoreline sand movement conditions downdrift, including erosion or shoal- ing. (4) The structure will cause minimum feasible adverse impact to living marine resources. (5) The structure is consistent with the State Shore Protection Master Plan. 213 (6) If the proposed project requires filling of a Water Area it must also be consistent with the General Water Area Policy for Filling (Section 7:7E-4.10(i)). (ii) A new, short retaining structure that connects two existing lawful retaining structures is normally acceptable provided that extensive filling is not involved. (iii) Maintenance or reconstruction of an existing retaining struc- ture is conditionally acceptable, provided it does not result in extension of the structure by more than 18 inches in any direction. Maintenance or reconstruction of an existing retaining structure which results in extension by more than 18 inches shall be considered new construction. (iv) Rip-rap is a preferred construction material for retaining structures as it provides a habitat for aquatic life and helps absorb wave energy. 2. Rationale Structural solutions to shore protection are appropriate and essential at certain locations, given the existing pattern of urbanization of New Jersey's shoreline. However, the creation, repair, or removal of publicly-funded shore protection struc- tures must serve clear and broad public purposes and must be undertaken only with a clear understanding of the regional conse- quences of natural shoreline sand systems. Retaining structures are necessary in some cases to stabilize existing development or to allow limited appropriate infill or new development. This is particularly important in an area between two existing bulkheads where a connecting structure could halt the formation of a trap situation, which could trap debris, produce odors, and eliminate the opportunity for use of the land. 7:7E-7.12 Dredge Spoil Disposal on Land (a) Definition Dredge spoil disposal is the discharge or of sediments, known as spoils, removed during dredging operations. The following policies govern Land and Water's Edge disposal only; the policies regulating dredge spoil disposal in Water Areas are found in Section 7:7E-4.10. (b) Policy Dredge spoil disposal is conditionally acceptable under the following conditions: (i) sediments are covered with appropriate clean material that is similar in texture to surrounding soils, and (ii) the sediments will not pollute the groundwater table by seepage, degrade surface water quality, present an objectionable odor in the vicinity of the disposal area, or degrade the landscape. 214 Dredge spoil disposal is prohibited on natural undisturbed wetlands, and on formerly spoiled wetlands that have revegetated with wetland species The use of uncontaminated dredge material of appropriate quality and particle size for beach nourishment is encouraged. Creation of useful materials such as bricks and light weight aggregate from the dredge material is encouraged. The use of uncontaminated dredge material for purposes such as restoring landscape, enhancing farming areas, creating recreation oriented landfill sites including beach protection and general land reclamation, building islands, creating marshes, capping contaminated spoil areas, and making new wildlife habitats is encouraged. Effects associated with the transfer of the dredged materials from the dredging site to the disposal site shall be minimized to the maximum extent feasible. Dredge spoil disposal in wet and dry borrow pits is conditionally accept- able, see policies 7:7E-3.15, 7:7E-3.25 and 7:7E-3.30. (c) Rationale Dredge spoil disposal is an essential coastal land and water use that is linked inextricably to the coastal economy and has serious impacts on the coastal environment. Evolving state and federal policies on protection of the marine and estuarine coastal environment have sharply limited the creation of new water area dredge spoil disposal areas in the past decade. Yet selective dredging must continue if inlets and navigation channels are to be maintained. The coastal policy recognizes the importance of this use of coastal resources and the need for land disposal sites. Use of inefficient equipment and methods in the movement of dredge spoils, and resulting spillage of fuels, emission of toxic or noxious gaIses, loss of dredged materials, and noise and vibrations produced by faulty or worn out equipment and machinery may cause water pollution, air pollution and discomfort both for the crews and for the human population along the disposal route and in nearby areas. 7:7E-7.13 National Defense Facilities Use Policy (a) Definition A national defense facility is any building, group of buildings, marine terminal, or land area owned or operated by a defense agency (Army, Navy, Air Force, Marines, Coast Guard) and used for training, research, material support, or any other defense-related use. (b) Policy National Defense facilities are conditionally acceptable, and will be approved if one of two findings can be made: 215 1. The proposed facility is consistent with all relevant Coastal Resource and Development Policies; or 2. The proposed facility is coastal dependent, will be constructed and operated with maximum possible consistency with Coastal Resource and Development Policies, and will result in minimal feasible degrada- tion of the natural environment. The construction of new facilities or expansion of existing facilities on land not owned by a defense agency is discouraged, unless it can be shown that the facility cannot feasibly be accommodated on an existing base. (c) Rationale Providing for the national defense is the responsibility of the federal government, and the New Jersey Coastal Management Program will not question the findings of a federal defense agency with respect to national security needs. The requirements that a coastal dependent facility comply with the Coastal Resource and Development Policies only to the maximum extent feasible is in keeping with Section 306(c)(8) of the Federal CZMA, which requires consideration of the national interest in the siting of facili- ties necessary to meet requirements which are other than local in nature. 216 SUBCRAPTER 8 - RESOURCE POLICIES 7:7E-8.1 Purpose The third step in the screening process of the Coastal Resource and Development 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 ag well as in its sur- rounding region. These policies serve as standards to which proposed development must adhere. 7:7E-8.2 Marine Fish and Fisheries (a) Policy Coastal actions are conditionally acceptable to the extent that minimal feasible interference is caused to the natural functioning of marine fish and fisheries, including the reproductive and migratory patterns of estuarine and marine estuarine dependent species of finfish and shell- fish. (b) Rationale Finfish (freshwater, estuarine, and marine) and shellfish resources provide significant recreation experiences for residents of New Jersey and interstate visitors. These resources also help the State's economy, by leading to expenditures of approximately $375.8 million per year, with fishing yielding approximately $217.2 million and shellfishing yielding $158.6 million. DEP also estimates that 1,868,000 people participated in marine/estuarine recreational fishing in 1976 in New Jersey. Commercial landings for all finfish and shellfish in New Jersey during 1978 were 163,603,000 lbs., valued at $44.35 million dockside and an estimated $110.9 million retail value, according to Department of Commerce sta- tistics. The 1956 landings of 540 million pounds of all finfish and shellfish indicate the true potential of this industry. Interference with fish resources includes blockage of diadromous finfish spawning runs, reduction in the critical capacity of estuaries to func- tion as finfish nursery areas, reduction of summer dissolved oxygen level below 4 ppm stimulating anoxic phytoplankton blooms, introduction of heavy metals or other toxic agents into coastal water, rise in ambient water temperature regime especially during summer and fall periods, unacceptable increases in turbidity levels, siltation, or resuspension of toxic agents, and introduction of untreated effluents from domestic and industrial sources. 7:7E-8.3 Shellfisheries (a) Definition Shellfisheries are estuarine bay and river bottoms which are potentially productive for hard clams, soft clams, eastern oyster, bay scallops or blue mussels. Potentially productive areas are those which do not have a history of natural recruitment for any of the above species, but could be used as a shellfish culture planting area. 217 NOTE: Presently productive shellfish beds, and those with a history of natural recruitment, are addressed by Special Area policy 7:7E-3.2. (b) Policy (i) Any development which would result in the destruction of a poten- tially productive shellfish area is discouraged. (The term destruction is defined in 7:7E-3.2.) (ii) Any development which would result in the contamination or condem- nation of a potentially productive shellfish area is prohibited. Water dependent development which requires new dredging in these areas is discouraged. Maintenance dredging in these areas is conditionally acceptable. (iii) Any project which would discharge untreated or improperly treated domestic or industrial waste waters or toxic or hazardous substances directly into waters so as to adversely affect a potentially productive shellfishing area is prohibited. (c) Rationale Estuarine shellfish are harvested by both commercial and recreational fishermen, with the sport group concentrating on hard clams almost exclusively. Hard clams are a very significant species. Oysters, bay scallops and soft clams are predominantly commercial species Commercial dockside landing values in New Jersey for 1978 were $3.43 million for estuarine mollusks, with an estimated retail industry value of $8.7 million. The commercial harvest is estimated to support employ- ment of 1,500 persons in fishing, distribution, processing, and retail. Sport clammers numbered 17,000 in 1976. In addition to direct human consumption, shellfish play an important role in the overall ecology of the estuary. Young clams are important forage foods for a variety of finfish such as winter flounder, and crabs and migratory waterfowl, especially the diving species. Hard clams are widely distributed in New Jersey's coastal estuaries inhabiting most waters where the salinity is about 15 parts per thousan@ or greater. Suitable bottom substrate and dissolved oxygen are also important determining factors. Hard clams usually recolonize areas that are dredged, provided that anoxic conditions are not present, although it may take a number of years. Water presently condemned for shellfishing may not be directly or imme- diately important to human economics although these areas have been used as resource recovery programs, relay and depuration, source areas. These areas however serve for restocking fishable areas through production of motile larvae. Shellfish in condemned waters also are not lost to estuarine ecological food-webs, but serve as a food source to other species of wildlife. 218 7:7E-8.4 Eater Quality (a) Definition As required by Section 307(f) of the Federal Coastal Zone Management Act, federal, state and local water quality requirements established under the Clean Water Act shall be the water resource standards of the coastal management program. In the Delaware River Area, water quality standards established by the Delaware River Basin Commission shall also be stand- ards of the coastal management program. State surface and groundwater quality statutes, regulations and standards, are established and admini- stered by DEP's Division of Water Resources (see N.J.A.C. 7:9-4.0 et seq.). (b) Policy Coastal development which would prevent attainment of the defined stand- ards for surface or groundwater is prohibited. Coastal development in conflict with any State certified Areawide Water Quality Management (208) Plan is also prohibited. (c) Rationale Most of the natural, commercial, recreational, industrial, and aesthetic resources of the coastal zone affect or are affected by surface and ground water quality. Specific coastal zone water quality problems include pollution by nutrients, pathogenic organisms, toxic and hazardous wastes, thermal discharges, suspended sediments, and saline intrusion into freshwater resources. These pollutants can lower water quality sufficiently to prevent desired water uses. This policy incorporates by reference New Jersey's water quality related statutes and regulations adopted as required by the federal Clean Water Act of 1977. 7:7E-8.5 Surface Water Use (a) Definition Surface water is the water in lakes, ponds, streams, rivers, bogs, wetlands, bays, and ocean that is visible on land. (b) Policy Coastal development shall demonstrate that the anticipated surface water demand of the facility will not exceed the capacity, including phased planned increases, of the local potable water supply system or reserve capacity and that construction of the facility will not cause unaccept- able surface water disturbances, such as drawdown, bottom scour, or alteration of flow patterns. Coastal development which use design processes and fixtures which minimize consumptive water use will be encouraged. Coastal development shall conform with all applicable DEP and, in the Delaware River Area, Delaware River Basin Commission, requirements for surface water diversions. 219 (c) Rationale The surface waters of the New Jersey coastal zone are an invaluable natural resource. Fresh waters maintain the propagation of established and natural biota. They serve as commercial, recreational, industrial, agricultural, and aesthetic resources. Any development that affects surface water quantity and quality will have a negative impact on these uses. 7:7E-8.6 Groundwater Use (a) Definition Groundwater is all water within the soil and subsurface strata that is not at the surface of the land. It includes water that is within the earth that supplies wells and springs. (b) Policy Coastal development shall demonstrate, to the maximum extent practicable, that the anticipated groundwater withdrawal demand of the development will not cause salinity intrusions into the groundwaters of the zone, will not degrade groundwater quality, will not significantly lower the water table or piezometric surface, or significantly decrease the base flow of adjacent water courses. Groundwater withdrawals shall not exceed the aquifer's safe yield. Coastal developments which use design, processes and fixtures which minimize consumptive water use are encouraged. Development plans are also encouraged to incorporate aquifer recharge techniques. Coastal development shall conform with all applicable DEP and, in the Delaware River Area, Delaware River Basin Commission, requirements for .groundwater withdrawal and water diversion rights. (c) Rationale Groundwater is a primary source of water for drinking and industrial use. In some areas of the coastal zone, especially areas in Essex, Middlesex, Monmouth, Salem, Camden, and Cape May Counties, excessive amounts of groundwater are being withdrawn. The problem stems from the overpumping of groundwater, industrial, agricultural and municipal landfill leakage into groundwater and reduction of aquifer recharge caused by increased development and population. This has led to a progressive lowering of the water table or piezometric surface, altered groundwater flow pat- terns, changed groundwater recharge/discharge relationships, is increas- ing salt water intrusion into the groundwaters, may damage the base flow conditions of streams, and may lead to well closings because of contami- nation. 7:7E-8.7 Runoff (a) Definition Runoff is that portion of precipitation on the land is not absorbed by the soil, but instead runs off to surface water bodies. 220 (b) Policy (i) Coastal development shall use the best available technology to minimize off-site storm water runoff, increase on-site infiltration, simulate natural drainage systems, and minimize offsite discharge of pollutants to ground or surface water and encourage natural filtra- tion functions. Best availabe technology may include measures such as retention basins, recharge trenches, porous paving and piping, contour terraces, and swale lagoon systems provided such techniques can be demonstrated to satisfy these policies. Provisions for elimination of curbs, reduction of roadway widths, and rooftop recharge basins are strongly encouraged. (ii) The goal of runoff control methods shall be to prevent the rate of off-site storm water runoff during the construction and operation of a development under any storm conditions, from exceeding the rate of runoff that would occur under the existing predevelopment conditions of the site. For some sites, with existing predevelopment condi- tions such as cultivated land, bare earth, or partial paving, the goal of runoff control methods shall be to achieve the runoff standard for good condition pasture land (SCS TR-55 Curve Number 39), which may result in a greater quantity of on-site retention and infiltration than under the existing predevelopment conditions. (iii) the off-site stormwater sewers may not discharge into sanitary sewer systems, (iv) the amount of pollutants in the stormwater runoff discharge to surface water bodies shall be minimized and the discharge shall satisfy the applicable DEP-established surface water quality standards of the receiving water body using measures such as sedi- ment traps, oil skimmers and vacuum street cleaners. Pollutants of major concern include petrochemicals and heavy metals from vehicle spillage, de-icing salts, aromatic hydrocarbons from blacktop paving, and pesticides, herbicides and fertilizers from lawn and garden areas. (v) the volume and quality of stormwater discharged offsite will not cause adverse impacts to the receiving water body, and must conform with the requirements of the DEP Stream Encroachment Permit Program (N.J.S.A. 58:1-26 and rules). (vi) Groundwater infiltration areas such as detention ponds or swales shall be sited as far horizontally from surface water and as far vertically from groundwater as is practicable. Infiltration areas are discouraged in soils with a seasonal high water table between 1 1/2 and 3 feet. Limited infiltration swales may be acceptable on a case by case basis provided that: swales in these areas are not the principal infiltration areas and only serve to recharge runoff generated with the area of soils with seasonal high water tables between 1 1/2 and 3 feet. 221 - maximum swale slopes are 2%. - time of concentration is maximized by maximizing the length of the swale. - swales are planted with native woody species at sufficient densi- ties to delay surface water flow and promote evapotranspiration. Infiltration and water retention areas of all kinds are prohibited in soils'with a seasonal high water table of 1 1/2 feet or less. Infiltration areas, detention and retention basins, or any other techniques of delaying runoff are prohibited in soils with a seasonal high water table of 1 1/2 feet or less. (vii) In designing the site plan, including detention and retention facilities, the stormwater runoff calculations shall be based on 24 hour storms of 25 years and 100 years frequencies, using standard methods of calculation, such as the so-called "Rational Method" or the SCS Tabular Method of Determining Peak Discharge, as defined in U.S. Department of Agriculture, Soil Conservation Service, Urban Hydrology for Small Watersheds, Technical Release No. 55, Jan,4ary 1975. (c) Rationale Stormwater runoff is a natural process of surface hydrology. Development changes this process as the volume and rate of runoff increase as the natural landscape is modified and replaced by impervious surfaces. Unless managed properly, stormwater runoff will adversely affect the coastal environment in several ways: increased erosion, increased storm surges in streams, destruction of flood plain vegetation, degraded water quality from contaminants in runoff from paving, increased tur- bidity, decreased aquatic productivity, lowered water tables, reduced groundwater quality and supply. The policies anticipate these concerns and treat a development site as a closed system within which drainage systems must be designed to contain runoff and ground and surface water pollution increases within the site in order to minimize offsite impacts. Examples of stormwater runoff management techniques may be found in two source books: J. Tourbier and R. Westmacott, Water Resources Protection Measures in Land Development - A Handbook (Newark, Delaware: University of Delaware, Water Resources Center, April 1974) and New Jersey State Soil Conservation Committee, Standards for Soil Erosion and Sediment Control in New Jersey, Trenton, New Jersey: State Soil Conservation Committee, reviseT 1-975). 7:7E-8.8 Soil Erosion and Sedimentation (a) Definition Erosion is the detachment and movement of soil or rock particles by water, wind, ice or gravity, while sedimentation is the action or process of depositing soil or rock particles. 222 (b) Policy Coastal development is required to restrict soil loss and control soil erosion and sedimentation during the construction of development to the standards specified in Standards for Soil Erosion and Sediment Control in New Jersey adopted by the State Soil Conservation Committee in 1972, revised in 1975 and any other soil conservation standards or plans adopted by State Soil Conservation Committee, local Soil Conservation Districts or municipalities pursuant to the Soil Erosion and Sediment Control Act (N.J.S.A. 4:24-39 et seq.). In addition, development on slopes between 8-15 percent is discour- aged, unless: M limited stabilization structures and measures, such as terracing and paving, are consistent with the natural character of the site, to the maximum extent practicable, (ii) The design of the development is compatible with the slope charac- teristics of - the site in visual, physical, and engineering terms, (iii) Minimal feasible site disturbance and maximum practicable revegeta- tion take place. (c) Rationale Erosion is the detachment and movement of soil or rock particles by water, wind, ice or gravity. Erosion can be significantly increased by human activities including construction practices such as the clearance of vegetation, excavation, grading, and stockpiling, agricultural culti- vation and silviculture (timber harvesting). Erosion and sedimentation cause numerous adverse environmental impacts, such as loss of productive soils, destabilization of slopes, increased flooding due to reduced capacity of storm sewers and natural drainage channels, increased turbidity and siltation of streams, and decreased wetland productivity. By controlling the erosion generated on a site within the site boundary, these adverse impacts are contained and pre- vented from reaching and affecting coastal waters. Many techniques are available to control sediment loss, including mini- mizing the area of soil exposed at one time, baling and contour ter- racing the edge of construction, mulching and using swale lagoon drainage systems, and building wet and dry detention basins. Other illustrative techniques are found in Standards for Soil Erosion and Sediment Control in New Jersey available from the State Soil Conservation Committee. See also the Special Area Policies on Steep Slopes and Coastal Bluffs. 7:7E-8.9 Vegetation (a) Definition Vegetation is the plant life or total plant cover that is found on a specific area, whether indigenous or introduced by humans. 223 (b) Policy Coastal development shall preserve, to the maximum extent practicable, existing vegetation within a development site. Coastal development shall plant new vegetation, particularly appropriate native coastal species, to the maximum extent practicable. (c) Rationale The steady loss of vegetation is a nearly inevitable result of urbaniza- tion. Terrestrial vegetation stabilizes soil, retards erosion and runoff, promotes infiltration of surface water, reduces the force of wind, provides foods, shelter and breeding sites for wildlife, and adds to aesthetic values for recreation and domestic life. Trees release life-giving oxygen, filter particulate pollutants, provide foods and fuel, with no energy input necessary by man. Because each site is unique, the degree of vegetative preservation required will depend upon the environmental conditions within and adjacent to the development site. In general, the greater the intensity of development permitted, the less vegetation preservation required. "Appropriate native coastal species" means that species selection must reflect the natural physiological limitations of species to survive in distinct habitats, which include all environmental processes (natural and artificial) that operate within a site. Non-suitable species plantings will.do poorly or die, or, if preserved through an intensive maintenance program of 'ph' adjustment fertilization and irrigation, will cause unacceptable ground and surface water impacts. New vegetative plantings should reflect regional geophysical suitability. Illustrative appropriate species can be grouped into three categories: (i) Barrier Beach Sites - Plants tolerant of salt spray and occasional saline flooding, such as American holly, red cedar, black cherry, beach plum, beach grass, bayberry, beach heather, etc. (ii) Pine Barrens Sites - Plants tolerant of infertile sandy soils, frequent fires, and acidic water, such as pitch and short-leaf pines, Atlantic white-cedar, dogwood, American holly, oaks, blue- berry, etc. (iii) Inner Coastal Plain and Southern Outer Coastal Plain - Plants compatible with fertile, well drained soils; such as oaks, beach, hickory, dogwood, black cherry, white pine, gray birch, laurel, etc. (iv) Piedmont Sites - Oak, hickory, beech, ash, elm, hemlock, dogwood and laurel cherry. Within these regional groupings, the selection of individual species should take into consideration the depth to seasonal high groundwater table. Species which provide food for wildlife or other desirable traits are favored for new planting. 224 7:7E-8.10 Important Wildlife Habitat (a) Definition Important wildlife habitats are areas of general importance to the maintenance of a range of wildlife species, providing high primary productivity, good mixes of habitat types, surface water, cover, or movement corridors. These areas are not as critical as Critical Wildlife Habitats. If they were depleted the effect on wildlife population would not be as catastrophic as the loss of a Critical Habitat, but serious depletions of wildlife populations would occur. Definitions and maps of Important Wildlife Habitats are currently available from DEP-DCR only for Cape May County. Until additional maps are available, sites will be considered for importance on a case by case basis by the NJDEP Division of Fish, Game and Wildlife. (b) Policy (i) Coastal development which does not incorporate management techniques which minimize disturbance to important wildlife habitats, is discouraged. (ii) Development that would significantly restrict the movement of wildlife through the site to adjacent habitats and open space areas is discouraged. (c) Rationale Important Wildlife Habitats are areas that provide primary p@roductivit y or primary habitat for a wide range of game and non-game species. Depletion of this resource would cause a general population decline of species that are not rare or endangered. Wildlife is an important natural resource of the coast. Desirable on-site wildlife management techniques which could mitigate adverse impacts, and favor minimal feasible interference include preservation and dedication to open space of sensitive habitats of sufficient width, especially along drainageways and waterways, to preserve wildlife move- ment corridors, placement of nesting boxes, and planting of vege- tative wildlife food species. 7:7E-8.1l.Air_ quality (a) Definition The protection of air resources refers to the attainment of State and federal air quality goals and the prevention of degradation of current levels of air quality. (b) Policies Coastal development shall conform to all applicable state and federal emissions regulations, ambient air quality standards, prevention of significant deterioration criteria, nonattainment criteria, any other policies of New Jersey's State Implementation Plan, and other regulations and guidelines established to meet requirements of the federal Clean Air Act as amended in 1977. 225 (c) Rationale The attainment and maintenance of high air quality is vital for the health of and welfare of New Jersey's residents and visitors. The federal Clean Air Act Amendments of 1977 require almost all states to develop a State Implementation Plan (SIP) to attain National Ambient Air Quality Standards (NAAQS) for photochemical oxidants. DEP's Division of Environmental Quality administers the State's air quality program and determines compliance with the coastal policy on air quality. Furthermore, the federal Coastal Zone Management Act, Section 307(f) requires that the air resource standards of the coastal management program be the local, state and federal policies established in fulfill- ment of the Clean Air Act and its amendments. Since the principal source of hydrocarbons and oxides of nitrogen, the precursors of oxidants, is the automobile, the strategies to attain the NAAQS must include, in addition to emission control on vehicles and industrial sources, measures to reduce vehicle miles travelled, by inducing a shift to car pools and other modes of transportation. The Coastal Program policies on transportation address these objectives, as do the policies concerning concentration of development. Furthermore, new major stationary sources of hydrocarbons will continue to be subject to restrictions, such as the current requirement to offset emissions. Emission tradeoffs may allow for the siting of new facilities in non attainment areas of the coastal zone. The severity of the re- strictions will depend on the progress made in reducing emissions during the next decade. The problem of attainment and maintenance of carbon monoxide NAAQS in urban areas such as Atlantic City and Toms River is one primarily of traffic congestion. Also, under the Clean Air Act Amendments of 1977, major wilderness areas of over 5,000 acres are mandatory Class I-Prevention of Significant Deterioration (PSD) or Pristine Areas. In New Jersey's Delaware Bay and Atlantic Ocean Shore areas, this designation applies to the wilder- ness areas of the Brigantine National Wildlife Refuge, and restricts industrial activities within the region that could significantly affect the air quality of the wilderness areas. This may pose conflicts in the future as the pace and intensity of the development of the Atlantic City region increases. The entire proposed Northern Waterfront and Delaware River areas of the proposed coastal zone violates the NAAQS for carbon monoxide and ozone, and most of the area violates particulate standards. Such widespread nonattainment results from the area's density of residential, commercial and industrial development and the heavy amounts of traffic generated. 226 The State Implementation Plan does not suggest halting all further development. The Plan outlines policies which will serve to locate and control new development as well as regulate and minimize the emissions of existing pollution sources. Policies which will specifically apply to new development in the areas of the coastal zone which violate the NAAQS are: Emissions Offset, New Source Performance Standards, Prevention of Significant Deterioration for Class II areas, regulations for indus- trial emissions of particulates and organic substances which contribute to ozone production, and a series of strategies aimed at the control of emissions generated by motor vehicles. The Prevention of Significant Deterioration (PSD) system allows develop- ment to generate incremental amounts of certain pollutants for which the area is in compliance. For the developed areas of the coastal zone, this means that moderate growth generating a limited increase in sulfer dioxide is sanctioned. The Emissions Offset policy, allowing for emissions tradeoffs between proposed new and existing sources in nonattainment areas, can also be called upon to allow development that might not otherwise be permitted. Finally, a variance system exists which allows the Administrator of the EPA to waive requirements if it is determined that the State is making progress in achieving the NAAQS and other federal -mandated requirements. 7:7E-8.12 Public Services (a) Definition Public services include a variety of essential facilities provided by either public or private institutions. Health, education, welfare, fire, police and community facilities are principal examples. Others such as child care and home services for the elderly may be important for certain developments. (b) Policy Coastal development shall insure, to the maximum extent practicable, that adequate levels of public services will be provided to meet the addi- tional demands for public services likely to be generated by the proposed development. (c) Rationale New development places additional demands on public services. Unless the existing supply can satisfy these demands or extensions to the supply can be available when development is complete, the deficiencies may adversely affect the health, safety, or welfare of the proposed new users. In coastal areas there are special problems associated with the high seasonal population fluctuation and the relatively high percentage of senior citizens who typically make greater demands on health services. These coastal issues make the demonstration of adequate service supply during peak demand periods an especially critical issue. 227 7:7E-8.13 Public Access to the Shorefront (a) Definition Public access to the shorefront is the ability of all members of the community at large to pass physically and visually to, from and along the ocean shore and other waterfronts. (b) Policy Coastal development adjacent to all coastal waters, including both natural and built-up waterfront areas, shall provide perpendicular and linear access to the waterfront to the maximum extent practicable, including both visual and physical access. Shorefront development that limits public access and the diversity of shorefront experiences is discouraged. All development adjacent to water shall, to the maximum extent practi- cable, provide, within its site boundary, a linear waterfront strip accessible to the public. If there is a linear waterfront path on either side of the site, and the use, due to operation or security reasons, cannot allow continuation of passage along the water's edge, a pathway around the site must be designed that connects to the other parts, or potential parts of the waterfront path system in adjacent parcels. Municipalities or private development that do not currently provide, or have active plans to provide, access to the water will not be eligible for Green Acres or Shore Protection Bond funding. (c) Rationale New Jersey's coastal waters and adjacent shorelands are valuable public resources which are limited in area. They are protected by New Jersey's Shore Protection and Waterway Maintenance Program and patrolled by the New Jersey Marine Police which are both financed by all State residents. Past developments have often blocked the waters from public view and/or made physical access to the waterfront difficult or impossible. In addition, some municipalities which own land immediately inland of the state-owned riparian land have enacted laws or regulations making water- front access inconvenient, expensive or impossible for non-residents. These policies have served to limit the opportunity of inland resi- dents for waterfront recreational activities. Projects such as the experimental Beach Shuttle, funded by DEP each summer since 1977, to Island Beach State Park from Toms River serve to carry out the policy of providing maximum practical public access to the shorefront. The basis for the Shorefront Access policy came in part from the research in the report entitled Public Access to the Oceanfront Beaches: A Report to the Governor and the Legislature of New Jersey, April 1977, pre- pared in pTr_t-T_yDEP-OCZM. 228 The developed waterfront, due to its past industrial utilization, has been closed to the people that live adjacent to the waterfront. DEP intends to promote a horizontal network of open space at the water which could be visualized as a narrow strip used for walking, jogging, bicyc- ling, sitting, or viewing, which is continuous, even if the path must detour around existing or proposed industry due to security needs or the lack of pre-existing access. The path or strip will connect future and existing waterfront parks, open space areas, and commmercial activities. The goal of this policy is the piecing together of a system that will provide continuous linkages and access along the entire waterfront. 7:7E-8.14 Scenic Resources and Design (a) Definition Scenic resources include the view of the natural and/or man made land- scape, while design is defined as the elements that compose the man-made landscape such as structures, including their geometry, texture and color. (b) Policy New coastal development that is visually compatible, in terms of scale, height, materials, color, texture, and geometry of building and site design, with surrounding development and coastal resources, to the maximum extent practicable, is encouraged. Coastal development that is significantly different in design and visual impact than existing devel- opment or adversely affects the scenic resources of the region is dis- couraged, unless the nea development upgrades the scenic and aesthetic resources of a site and its region. (c) Rationale Inappropriate design that ignores the coastal landscape and existing patterns and scale of development can degrade the visual environment and appearance of communities. New Jersey's coastal regions have strong architectural traditions which should be encouraged. The visual quality of diverse coastal locations is essential to maintaining a "sense of place". 7:7E-8.15 Buffers and Compatibility of Uses (a) Definition Buffers are natural or man made areas, structures, or objects that serve to separate distinct uses or areas. Compatibility of uses is the ability for uses to exist together without aesthetic or functional conflicts. (b) Policy Development shall be compatible with adjacent land and water types, as defined in the Location Policies, to the maximum extent practicable. 229 Development that is likely to adversely affect adjacent areas, parti- cularly Special Areas (7:7E-3.1 through 7:7E-3.41), is discouraged unless an adequate buffer is provided. The purpose, width and type of the required buffer shall vary depending upon the type and degree of impact and the type of adjacent area to be affected by the development, and shall be determined on a case-by-case basis. Developments that are incompatible with adjacent residental development shall provide vegetated and other types of buffers at the site boundary of sufficient width to reduce the incompatibility, to the maximum extent practicable. (c) Rationale The juxtaposition of different uses may cause various problems. One activity may cause people to experience noise, dust, fumes, odors, or other undesirable effects. The most common incompatibility of this type in the Bay and Ocean Shore Segment are housing developments adjacent to industry, high speed roads or railroads. The juxtapositions of very different housing densities or of housing and agriculture also have potential for conflict. Vegetated buffer areas between uses can overcome, or at least ameliorate, many of these problems, especially if earth berms are included. Buffers can benefit users of both areas. Where farms operate near a residential area, for example, a buffer can protect the residents from the noise and smells of farming, while protecting the farmers from local regulations controlling the hours in which machinery can be used. Buffers serve several important functions, including maintenance of wildlife habitats, water purification, open space and recreation, and control of runoff. Buffers may include fences, landscaped berms, and vegetated natural areas. 7:7E-8.16 Solid Waste (a) Definition "Solid Waste" shall mean garbage, refuse, and other discarded materials from industrial, commercial and agricultural operations and from domestic and community activities, and shall include all other waste materials including liquids except for liquids which are treated in public sewage treatment plants and except for solid animal and vegetable wastes col- lected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms (N.J.S.A. 13:IE-1 et seq.). (b) Policy Coastal development shall recover material and energy from solid waste, to the maximum extent practicable, as required by the New Jersey Solid Waste Management Act (N.J.S.A. 13:IE-1 et seq.) and the federal Resource Conservation and Recovery Act (P.L. 9-475-8-07. If resource and energy recovery are impractical, solid waste including litter, trash, refuse, and demolition debris shall be han@led and disposed of in a manner acceptable to the standards of DEP's Solid Waste Administration. 230 (c) Rationale Solid waste is a valuable resource to be recovered and managed on a district-wide basis. The review of individual projects in terms of solid waste will consider the waste type,and volume expected, disposal method employed, and effects on disposal sites. The recycling of materials from the waste stream: - reduces energy used in the industrial process, - conserves landfill space, - provides material feedstock for local industries, - provides a domestic source of energy or fuels, and - provides a local source of jobs, taxes, and profits. Recyclable materials can replace scarce or imported resources such as bauzite, iron ore, zinc, soda ash, and oil in the production of new materials or energy. The markets for such resources exist in the State. Recycling is an energy-efficient, environmentally sound, and economically viable industry for the State of New Jersey. 7:7E-8.17 Energy Conservation (a) Definition Energy Conservation is the use of techniques which minimize the amount of energy used by a facility and maximize the productivity of the energy that is used. (b) Policy Coastal development shall incorporate energy conservation techniques and alternative sources of energy, including passive and active solar power and wind turbines, to the maximum extent practicable. The technical and economic feasibility of employing such measures shall be evaluated in an energy plan preparedy by the appilcant. The plan shall specify the energy conservation techniques and alternative sources of energy to be utilized as well as anticipated energy require- ments for space heating, cooling, ventilation and lighting, indus- trial processes and other uses. (c) Rationale This policy assists the Department of Energy and Community Affairs in implementing New Jersey's Energy Conservation Plan, State Energy Master Plan, and the energy subcode of the Uniform Co ucFion Code (N.J.S.A. !=27D-119 et seq.). New Jersey's 1977 Energy Conservation Plan admini- stered by 5--e-Ige-w Jersey Department of 'Energy derives from the federal Energy Policy and Conservation Act of 1975.. The plan contains 22 measures to reduce the state's energy use by 6% by 1980. The measures include thermal and lighting efficiency standards, provision of car and van pools, and waste oil recycling. These measures are intended to save New Jersey approximately 110 trillion British Thermal Units annually (or 231 the equivalent of 5,000 barrels a day). The Department of Community Affairs is responsible for the implementation of the energy subcode of the state building code. Possible energy conservation techniques include the siting of buildings with an understanding of the micro-climate conditions of a site, use of clustering, provision of bicycle paths, and the location of housing close to public transportation. 7:7E-8.18 Neighborhoods and Special Communities (a) Definition Neighborhoods, small towns, and communities are discrete districts and areas with a degree of social stability as well as special architectural, ethnic, cultural, aesthetic, or historical qualities that distinguish these places from other areas along the coast. (b) Policy Coastal development that protects and enhances the physical coherence in neighborhoods and special communities is encouraged. Development that would adversely affect neighborhoods and special communities is discour- aged. (c) Rationale The diversity of the coast is in part due to the existence and vitality of various small towns, communities, and neighborhoods within larger urban areas. These neighborhoods that display a strong sense of com- munity should be valued, reinforced, and preserved. 7:7E-8.19 Traffic (a) Definition Traffic is the movement of vehicles, pedestrians and ships along a route. (b) Policy Coastal development that induces marine and/or land traffic is con- ditionally acceptable provided that it does not cause unacceptable congestion and safety problems. (c) Rationale The improper location of development may exacerbate existing traffic problems or produce new difficulties in the marine and/or land traffic system. Coastal development should be designed and located in a manner to cause the least possible disturbance to traffic systems, or be rejected. 232 7:7E-8.20 High Permeability Moist Soils (a) Definition High Permeability Moist Soils are soils contiguous with stream channels with a depth to seasonal high water table less than or equal to five feet, and with a loamy sand or coarser soil, as indicated in National Cooperative Soil Surveys prepared by the U.S. Department of Agriculture, Soil Conservation Service. These soils are distinguished from the High Permeability Wet Soils, with a depth to seasonal high water table less than or equal to three feet, which are discussed in the Location Policies. (b) Policy Coastal development shall avoid filling, building, paving, disturbing soil, or discharging effluent to groundwater on High Permeability Moist Soils, to the maximum extent practicable. In particular, coastal devel- opment shall be designed such that onsite roads, parking lots, struc- tures, subsurface sewage disposal areas, and discharge basins avoid High Permeability Moist Soils, particularly in the proximity of surface water bodies and wells. Development that is determined by DEP to be acceptable in these areas shall conform to the Wet Soils policy (7:7E-8.21). (c) Rationale Soils with shallow seasonal high water tables and sandy or gravelly textures facilitate percolation, the vertical and horizontal movement of groundwater. Coarse sediments, however, have a limited capacity to trap and filter contaminants. Further, the high lateral transmissibility along the top of shallow seasonal high water tables aggravates the problems of water borne pollutants eventually reaching surface water bodies or wells. New Jersey's standards for subsurface sewage dis- posal systems (so-called Chapter 199, N.J.A.C. 7:9-2.1 et seq.) recognize this concern by requiring that the bottom of the trench or bed of dis- posal fields be at least four feet above the seasonal high groundwater table. 7:7E-8.21 Wet Soils (a) Definition Wet soils are soils with a depth to seasonal high water table less than, or equal to, three feet, as delineated by the U.S. Soil Conservation Service in a National Cooperative Soil Survey. (b) Policy Development in wet soils is discouraged unless the following conditions are met: (i) Basements are prohibited. 233 (ii) Effective engineering techniques are used to ensure the stability of foundations and protect them from movement, including excavating organic substrates and backfilling with less compressible sediments, short-bore piles, special footings and floating slabs. Techniques that minimize interference with natural ground and surface water movement, such as short-bore pile and suspended slab techniques, are encouraged. (iii) The air spaces beneath ground floor slabs are adequately ventilated, using mechnical ventilation, if necessary. (iv) The stability of roads and paved areas assured, using techniques such as removal of compressible sediments and replacement with a firmer substrate and thicker than normal road base. (v) Subsurface pipes are stable and waterproofed to avoid contamination of groundwater, using dewatering of trenches during construction, extra pipe base thickness, waterproof gaskets, sealed joints and other techniques as necessary. (vi) Porous concrete is prohibited, although other porous pavements such as lattice concrete or gravel are acceptable. (vii) The lowering of the water table by pumping that would disturb adapted vegetation is prohibited. (viii) Detention basins, swales and other runoff retention and groundwater recharge areas are discouraged in soils with a seasonal high water table between 1 1/2 feet and 3 feet, although limited swales may be acceptable on a case by case basis (see 7:7E-8.7). Runoff retention and groundwater recharge areas are prohibited in soils with a seasonal high water table of 1 1/2 feet or less. 7:7E-8.22 Fertile Soils (a) Definition Fertile soils are soils that have Agricultural Capability Ratings, as defined by the U.S. Department of Agriculture, Soil Conservation Service in the National Cooperative Soil Surveys of I, II, Me and a K value of less than 0.20, and IIIw if well drained, or Woodland Suitability Rating of 1. (b) Policy Location Policies restrict development in Farmland Conservation Areas. Elsewhere, coastal development shall avoid disturbing fertile soils, to the maximum extent practicable, and shall carefully remove, stockpile and reuse the topsoil when onsite fertile soils cannot be preserved. (c) Rationale Fertile soils are the product of millenia of soil forming processes and, once paved, are irraperably lost. The Farm Conservation Special Area policy preserves large contiguous acreages of fertile soils for commer- cial production of food and fiber, but smaller areas of fertile soils in 234 the open spaces between development are a natural resource of consider- able value. The landscaping of development is promoted by fertile soils but, more importantly, the preservation of fertile soils near development offers the opportunity of home gardens. Applicants shall show the distribution of fertile soils relative to proposed structures and paving in site plans. If these development elements are shown on fertile soils, applicants shall demonstrate why alternative positions are not feasible. 7:7E-8.23 Flood Hazard Areas (a) Definition Flood Hazard Areas around rivers, creeks and streams are being delineated by DEP under the Flood Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.), and by the Federal Emergency Management Agency. The Flood Hazard Area Control Act mandates DEP to "delineate as flood hazard areas, areas as in the judgment of the Department, the improper development and use of which would constitute a threat to the safety, health and general welfare from flooding" (N.J.S.A. 58:16A-52). Where Flood Hazard Areas have been delineated by both DEP and FEMA, the DEP delineations shall be used. Flood Hazard Areas around water bodies other than rivers, creeks and streams are delineated only by FEMA. Where Flood Hazard Areas have been delineated by neither FEMA nor DEP, the 10-foot contour line shall be used as the inland boundary of the Floodplain. The seaward boundary shall be the mean high water line. Floodway is defined as "the channel of natural stream and portions of the flood hazard area adjoining the channel, which are reasonably required to carry and discharge the flood water for flood flow of any natural stream" (N.J.S.A. 58:16A-51). Floodways are being delineated by DEP (see Figure 28). A complete list of streams where DEP had delineated the Flood Hazard Area can be found in the N.J.A.C. 7:13-1.11 et.seq. In the tidal areas, 100 year tidal elevations have been identified for FEMA in most municipalities within the coastal zone by the U.S. Army Corps of Engineers, and are known as the Intermediate Regional Tidal Flood. The geographic extent of tidal flood hazard areas are indicated on USGS topographic maps as "flood prone" areas (there are no floodways in tidal flooding). (b) Policy (i) Dedication of undeveloped flood hazard areas for purposes of public open space is encouraged, especially where such areas are designated to the New Jersey Wild and Scenic Rivers System. (ii) Certain land uses are prohibited, under State Flood Plain law and rules, in the floodway portion of fluvial flood hazard areas, including uses such as placing, depositing or dumping solid wastes on the delineated floodways; processing, storing or disposal of pesticides, domestic or industrial wastes, radioactive materials, 235 Figure 28 FLOW 1,4AZARD A" A MOOD. P.00D RDODWA'f R I N66 C 14ANNE FLOOD INGE FLOODWA'li CHANNEL FLOODY40 r-LOObFZIt4GE.J FLUVIAL FL20-D HAZARD AREA VPLAND FLATS WeTLhmrj 10OVEAR s.) N-,,__,,,,/'TlDAVkLEVATl0N IAL "Am UL INL V- IL %L lu IL ly UL MAL) wwi ft W V, V9L * **L WJ * OL A IA 'ALI 41L 3w qk WETLANDS sL Aw OR FLATS 41L V qL IN WL w, ILL vu Nor JAN Uji w Aw Igo Mul -CXEAN 1@s@ 'BACk SAV COASTAL FLOOD HAZARD AREA R-1 r@b FLMD HAZARD AREA5 236 petroleum products or hazardous materials; erection of structures for occupancy by humans or livestock or kennels for boarding of domestic pets; storage of materials or equipment or construction of septic tanks for residential or commercial use (see N.J.A.C. 7:13-1.2 et seq.). Not affected by this policy are hazard-free activitij-s- i7c_h as recreation, agriculture, soil conservation projects and similar uses which are not likely to cause obstruc- tions, undue pollution, or intensify flooding. According to N.J.A.C. 7:13-1.4(c), any lawful, 'pre-existing prohibited uses may be maintained in a delineated floodway provided, that if expanded or enlarged, they do not increase the flood damage potential. Property owners in delineated floodways may rebuild damaged structures, providing that any expansion or enlargement will not increase the flood damage potential. (iii) Most land uses are also regulated, under State Flood Hazard Areas Control law and rules, in the flood fringe. Structures for occu- pancy by humans are conditionally acceptable provided that: the first habitable elevation is one foot above the 100 year flood prone line established by HUD Flood Insurance Maps, and the structure will not increase flood damage potential, by obstructing flood waters. (iv) Construction acceptable in flood hazard areas must conform with applicable flood hazard reduction standards, as adopted by the Federal Insurance Administration in HUD (Federal Register, Vol. 41, No. 207, Part II, October 26, 1976), as amended. (v) In river areas designated as components of the New Jersey Wild and Scenic Rivers System, land uses are regulated or prohibited in accordance with N.J.A.C. 7:38-1.1 et seq. including special regula- tions adopted for a particular Miver, or sections thereof, upon designation to the system. (c) Rationale Past development of lands susceptible to flooding in New Jersey has led to flood damages, with sometimes tragic social, economic and ecological consequences. Intensive development of Flood Hazard Areas leads to increased runoff, reduction in flood storage capacity, increased size and frequency of downstream flooding, erosion of stream banks and downstream deposition of sediments with consequent reduction in estuarine produc- tivity. Flood plains serve as important wildlife habitat for endangered and threatened species, game and fur-bearing species, and rare species of vegetation. Flood Hazard Areas can also be key elements in the creation of stream corridor-oriented open space, hiking or cycling trails, and passive recreation areas. 7:7E-8.24 Decomissioning of Projects (a) Definition Decommissioning is the shutdown of a development and the return of the site to a state suitable for future use. 237 (b) Policy Coastal development applications must state the anticipated life of the proposed project and address the steps necessary to adapt the site to another use once the proposed project is no longer functional. Develop- ment proposals in which the applicant takes the long-term responsibility for making the site available for another use are encouraged. (c) Rationale The coast, particularly in urban areas, is littered with the remains of projects which outlived their usefulness and were abandoned. These derelict piers, deserted warehouses and crumbling buildings depress the immediate surrounding areas and make more difficult the task of rehabilitating the urban waterfront. This policy is intended to make the long-term future use of a site one of the factors considered when evaluating a current proposal. Applicants should bear at least some of the responsibility for insuring that their use of a site does not eventually render it a hazard to health or the local or regional economy. 7:7E-8.25 Noise Abatement (a) Definition Noise is any sound of such level to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the State or in any portion thereof, but excludes noise emanating from reisdential structures and all aspects of the eraployer-employee relationship concerning health and safety hazards within the confines of a place of employment (N.J.S.A. 13:1G-3). (b) Policy Noise levels must conform with the standards established in N.J.A.C. 7:29-1.1 et seq. and administered by the office of Noise Control in the Division of Environmental Quality. (c) Rationale Noise can be detrimental to the health, safety and welfare of people who live or work in the coastal zone. It can also diminish the enjoyment of people who visit the coast. 7:7E-8.26 Barrier Free Design (a) Definition Barrier free design is a plan for a project which would permit a handi- capped person to operate independently with comparative ease. 238 (b) Policy All development without barrier free design in public areas is prohi- bited, and multi-family residential developments of more than 250 units without barrier free design in some of the units are discouraged. Further, barrier free design must be included in all buildings and spaces used by the general public according to State Law (N.J.S.A.- 52:32-1 and 52:32-5). Barrier free design is encouraged in units of private resi- dential developments. All curb ramping, sidewalks, and grade changes on public property or on private property for public use shall be con- structed or reconstructed according to State Law (N.J.S.A. 52:32-14 et seq.) and pursuant standards promulgated by the Department of Transpo-r- -Ca-t i on . (c) Rationale Activities in the coastal zone should be available to all people, includ- ing those whose physical handicaps have precluded such accommodation in the past. "Barrier Free Design Regulation", published by the State of New Jersey, Department of the Treasury, Division of Building and Con- struction on July 15, 1977, defines the barrier free design requirements of public buildings. Design standards for curb ramps for the physically handicapped were published by the Department of Transportation July 19, 1976 and revised July 18, 1977. 239 I I Chapter 5: Special Requirements of the federal Coastal Zone Management Act Chapter 6: Next Steps in Coastal Management in New Jersey I CHAPTER FIVE - SPECIAL REQUIREMENTS OF THE FEDERAL COASTAL ZONE MANAGEMENT ACT Introduction Federal Consistency National Interests Regional Benefit Decisions Geographic Areas of Particular Concern Hackensack Meadowlands Development Commission District Areas for Preservation and Restoration Special Coastal Planning Elements Energy Facility Planning Process Shorefront Access and Protection Planning Process Shoreline Erosion/Mitigation Planning INTRODUCTION This Chapter addresses the special federal requirements which must be part of a state's coastal management program under the federal Coastal Zone Management Act. The Chapter describes the involvement and consideration of national interests in the development and implementation of the program. It discusses the process of assuring that federal actions are consistent with the Coastal Program to- the maximum extent practicable. it then describes how various conflicts between the national interests are balanced in the program and the process to assure adequate consideration of such issues. In addition, this Chapter describes how the New Jersey Coastal Program ensures that uses of regional benefit are not excluded from the coastal zone. Because some areas in the coastal zone have significant coastal value or face exceptional environmental pressures, they demand special management attention. This chapter describes the areas New Jersey has designated to receive special management consideration as geographic areas of particular concern, including the Hackensack Meadowlands Development Commission District, and areas for preservation or restoration. In addition, this chapter includes the three special coastal planning ele- ments the 1976 amendments to the Federal Coastal Zone Management Act mandate be included in each State's coastal program. The special planning processes are the energy facility planning process, the shorefront access. and protection planning process, and the shoreline erosion/mitigation planning process. 241 FEDERAL CONSISTENCY Federal agencies play a significant role in the coastal zone. They issue permits and licenses for activities such as dredging and the construction and operation of nuclear power plants, as well as activities associated with explora- tion and development of the Outer Continental Shelf. They also provide financial assistance such as grants for watershed protection and flood prevention, and undertake direct activities and development projects such as national parks and highway construction. The federal consistency provisions of the Coastal Zone Management Act, Section 307(c)(1) and (2), require that federal activities and development projects in or directly affecting the coastal zone be consistent (in some cases to the maximum extent practicable) with the State Coastal Zone Management Program. Section 307(c)(3)(A), 307(c)(B) and 307(d) require federally licensed and permitted activi- ties, federally licensed and permitted activities described in detail in OCS plans and Federal assistance to State and local governments to be consistent with the State coastal program. New Jersey will use the goals, objectives and policies of the New Jersey Coastal Management Program as the basis for making consistency determinations. Specifically, New Jersey will consider a federal action consistent if it does not conflict with the Coastal Resource and Development Policies as stated in Chapter Four. General Procedural Requirements The Federal consistency requirements outlined in this chapter describe the procedures that will be followed by DEP's Division of Coastal Resources in deter- mining the consistency of federal activities with the Coastal Management Program. These procedures incorporate the mandatory requirements of the federal consistency regulations (15 CFR Part 530) into a review process that is modelled on existing state permit review processes. . In most cases, an activity subject to the requirements of Section 307 of the Federal CZMA will also require a coastal permit. Consistency for these activities may be demonstrated by receipt of an approved State coastal permit (either a CAFRA, Waterfront Development or Wetlands Permit). The appropriate state permit application should, therefore, be submitted to DEP prior to or concurrent with the submission to the Federal licensing or per- mitting agency initiating the Federal review process. Should the Division of Coastal Resources receive a consistency certification for an activity which requires a state permit but for which no application has been submitted, the agency or person proposing to conduct the activity shall be advised that such a permit is required. Such activities will thereafter be reviewed under the State's regulatory authority, and not under Section 307. The Division shall issue, within the time limit relevant to the category of federal activity, a determination stating that the decision to grant or deny the State coastal permit shall constitute a con- sistency determinaiton. Review of applications for State coastal permits will follow the relevant State procedures. 242 Activities which would directly affect the coastal zone but are not regulated by a state permit program, activities on federal lands having "spillover impacts" on the coastal zone (see discussion of geographic scope below) and activities described in OCS plans will require reviews independent of any existing permit program. Geographic Scope The geographic scope of the consistency review process includes the entire coastal zone and, in some cases, areas outside the coastal boundary. Federal lands within the boundary are excluded from the coastal zone, and are not ordinarily subject to a consistency review. Activities on Federal lands and on other lands outside the zone are subject to consistency review if it is found that they may directly affect the coastal zone (15 CFR 930.33c). Whether these "spillover effects" will have such an impact will depend generally on the type of activity to be conducted, its magnitude, and its proximity to the coastal zone. Persons proposing to conduct an activity with potential spillover impacts should consult with the Division of Coastal Resources early in the planning process in order to avoid later problems. There are certain geographic areas outside the coastal zone in which activi- ties are likely to have direct and predictable impacts on the coastal zone. Any activity in a riverine area upstream of the coastal zone which reduces or otherwise alters flow, for example, is likely to directly affect downstream areas. This is particularly true where the water body is directly affected by the activity, as with damming, dredging, filling, or construction within the natural high water mark. if the affected downstream areas encompass Wetlands, Floodplains, or any of the other Special Areas listed in the Rules on Coastal Resource and Development Policies then it may be assumed that such activities will directly affect the coastal zone. Contents of a Consistency Determination or Certification Federal activities that require a coastal permit are subject to the informa- tion requirements of the particular permit program. When reviewing activities that do not require a coastal permit (e.g. activi- ties directly affecting the coastal zone but not regulated by the state, activities on federal lands and OCS activities), DEP will attempt to base its decision on the document or documents required for compliance with Federal laws and regula- tions. Notice of the receipt of Federal consistency determinations, certifications, and notifications, and the subsequent status of each consistency review will be published in the DEP Bulletin in accordance with the 90 Day Construction Permit Rules, N.J.A.C. 7:IC-1.6. A-Tree subscription to the DEP Bulletin may be obtained by writing to the New Jersey Department of Environmental Protection, Documents Distribution Center, P. 0. Box 1390, Trenton, New Jersey 08625. In addition, a public hearing will be held in the local area concerned on all projects requiring a CAFRA permit and on major projects requiring a Wetlands or Waterfront Development Permit. A public hearing will also be held in the event of a serious disagreement between DEP and a federal agency concerning a federally licensed or permitted activity described in OCS oil and gas production and develop- ment plans. 243 DEP will work with each Federal agency to provide joint written notices and public hearings on proposals whenever possible. Both DEP and the New Jersey Department of Energy (DOE) will participate in the decision of the State of New Jersey to issue a determination of consistency on coastal energy facilities. As required by federal regulations (15 CFR 930.18), DEP shall receive, and forward promptly to DOE, all materials necessary for a con- sistency determination on coastal energy facilities. In the event of a disagree- ment, the Energy Facility Review Board will be convened to make a recommendation to' the Governor, who shall make the final determination within the applicable time limits as required by the federal consistency determination to the appropriate federal agency. Preliminary Conferences The Federal consistency regulations encourage early consultation and coordina- tion between state and Federal agencies or applicants. An agency or applicant may request a preliminary conference in writing or by telephone, advising PEP that the agency has identified an activity as one requiring, or possibly requiring, a consistency review that it wishes to discuss. This request should come at the earliest possible time and should be addressed to the Federal Coordinator, Bureau of Coastal Planning and Development, Division of Coastal Resources. Below are lists of federal activities and development projects, federally licensed and permitted activities, federally licensed and permitted activities described in OCS Plans, and federal programs providing assistance to state and local governments likely to occur in, or affect, New Jersey's coastal zone. Direct Federal Activities and Development Projects Federal activities and development projects which are located in or directly affect the coastal zone must be consistent to the maximum extent practicable with the New Jersey Coastal Management Program. New Jersey will consider an activity consistent to the maximum extent practicable if it does not conflict with the Coastal Resource and Development Policies, unless compliance with New Jersey's program is prohibited based on existing law applicable to the Federal agency's operations. Agencies and Activities Covered By This Section Direct activities and development projects include the planning, construction, modification, or removal of Federally owned public works, facilities, or struc- tures, including military facilities; the acquisition, utilization or disposal of land and water resources; Federal agency activities requiring a Federal permit; and Federal assistance to entities other than state and local governments. Examples of activities in New Jersey's codstal zone that were not previously subject to State review are the housing units presently under construction by the Coast Guard on federally-owned land in Cape May (because of their potential spill- over impacts) and the proposed expansion of the Naval, Weapons Station, Colts Neck, New Jersey. The following Federal activities and development projects, when conducted in whole or in part within the coastal zone, are likely to directly affect the coastal zone, and shall be reviewed for consistency. 244 GENERAL SERVICES ADMINISTRATION Location and design of proposed government prop- erty acquisition and building construction. Disposal and transfer of surplus Federal lands. DEPARTMENT OF DEFENSE Army Corps of Engineers Proposed projects authorizatiori for dredging, chan- nelworks, breakwaters, other navigation works, erosion control structures, reservoirs, dams, beach nourishment, and other public works projects in the coastal zone or with the potential to impact coastal lands and waters. Air Force, Army and Navy - Location ' acquisition and design of new or enlarged defense installations. Actions conducted on Federal lands with potential impact on non- federal coastal lands and waters. DEPARTMENT OF ENERGY - Management of Coal Conversion Program. Federal Energy Regulatory 73-mmission - Approval of construction and operation of an inter- state natural gas transmission pipeline. DEPARTMENT OF THE INTERIOR Bureau of Land Management - OCS Leases and pre-leasing activities. Fish and Wildlife Service Management of national wildlife refuges and pro- posed acquisition. National Park Service National Park and seashore management and proposed acquisition. DEPARTMENT OF TRANSPORTATION Coast Guard Location, acquisition and design of new or enlarged installations. Materials Transportation Bureau Formation and enforcement of minimal federal safety standards for transportation of oil, gas and pipeline facilities. Federal Highway Administration Highway construction. .Federally Licensed and Permitted Activities Applicants for Federal licenses or permits for activities directly affecting the coastal zone or for renewals or amendments to such licenses or permits shall provide DEP with a certification that the proposed activity is consistent with the coastal policies. DEP shall make a determination that the activity is or is not consistent with Coastal Policies within six months of. 'receipt of the certifca- tion. Should DEP fail to make a determination within six months, the State's 245 concurrence with the certification shall be conclusively presumed. Federal agen- cies may not issue a license or permit if the State objects unless the U.S. Secre- tary of Commerce finds that a proposal is consistent with the purpose of the Federal CZMA or is necessary in the interest of national security. New Jersey will consider an activity consistent if it does not conflict with the Coastal Resource and Development Policies. In approving the New Jersey Coastal Management Program - Bay and Ocean Shore Segment, the Assistant Administrator for Coastal Zone Management, NOAA, made-FIFF following finding: "With respect to any Federal license or permit, the State's review of the application for that license or permit, for Federal consistency purposes, will be limited to the scope of the review of that application as established under State and Federal law."* In order to comply with this finding, DEP examined the legislation and regulations governing the Federal regulatory programs listed in this section and found that Federal agencies are required to examine the potential environmental impacts of their actions, regardless of the scope of review established for the particular permit or license involved. These requirements stem from the National Environ- mental Policy Act of 1969 (NEPA), the Environmental Quality Improvement Act of 1970, the Fish and Wildlife Coordination Act of 1966, Executive Order 11514 (Protection and Enhancement. of Environmental Quality), Executive Order 11990 (Wetlands), and Executive Order 11988 (Floodplains). The fact that every Federal action is assessed for the significance of its impacts on the environment within the meaning of NEPA (including NPDES permits for new point source discharges), and for its impact on floodplains, wetlands, fish, and wildlife means that the issuance of Federal licenses and permits listed in this section, with two exceptions, will be reviewed with reference to the full range of coastal policies contained in Chapter Four. The two exceptions are NPDES permits for existing point source discharges, which are subject only to Resource Policy 7:7E-8.4 (Water Quality); and decisions under prevention of significant deteriora- tion. (PSD) regulations of the Clean Air Act, which are subject only to Resource Policy 7:7E-8.11 (Air Quality). Licenses and Permits Covered by this Section Licenses and permits include any authorization, certification, approval, or other form of permission which a Federal agency is empowered to issue to an appli- cant, including amendments to or renewals of such permits. Activities under the following Federal permits and licenses, when conducted by an applicant in whole or in part within the coastal zone, are likely to signifi- cantly affect the coastal zone and.will be subject to a consistency review: *Findings of Robert W. Knecht, Assistant Administrator for Coastal Zone Management. Approval of the New Jersey Coastal Management Program - Bay and Ocean Shore Segment, September 29, 1978, p. 47. 246 Army Corps of Engineers Permits to regulate construction of any dam or dike across any navigable water of the U.S. under Section 9 of the Rivers and Harbor Act of 1899. Permits to regulate the obstruction or alteration of, the construction of any structure in or over, and the excavation from or depositing of material in any navigable water of the U.S. under Section 10 of the Rivers and Harbor Act of 1899. (Exception: placement of bulkheads and other retaining struc- tures, construction of docks, piers and boat ramps, or excavation from or depositing material within a man-made lagoon). Permits and licenses to regulate transportation of dredged material for the purpose of dumping it in ocean waters under Section 103 of the Marine Pro- tection, Research and Sanctuaries Act of 1972. Permits and licenses for the discharge of dredged or fill materials into the waters and adjacent wetlands of the United States at specified disposal sites under Section 404 of the Federal Water Pollution Control Act of 1972 and amendments unless such permitting activity has been delegated to the State. Federal Energy Regulatory Commission Licenses required for non-Federal hydroelectric projects and primary trans- mission lines under sections 3(11), 4(e), and 15 of the Federal Power Act (16 U.S.C. 796(11), 797(e), and 808). orders for interconnection of electric transmission facilities under section 202(b) of the Federal Power Act (16 U.S.C. 824a(b)). Certificates of public convenience and necessity for the construction and operation of natural gas pipeline facilities including both interstate pipe- lines and LNG termianl facilities under Section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)). Permission and approval for the abandonment of natural gas pipeline facilities under Section 7(b) of the Natural Gas Act (15 U.S.C. 717f(b)). U. S. Coast Guard Permits for construction and operation of deepwater ports under the Deep- water Port Act of 1974. Permits for construction of bridges under 33 USC 401, 491, 525. Federal Aviation Administration Permits and licenses for the construction, operation, or alteration of airports. 247 Enviro i@ienta-l Protection Agency National Pollutant Discharge Elimination System (NPDES) permits under the Federal Water Pollution Control Act of 1972, unless such permitting author- ity is delegated to the State. Decisions under Prevention of Significant Deterioration (PSD) regulations under the Clean Air Act of 1976. Nuclear Regulatory Commission Permits and licenses required for the construction and operation of nuclear facilities under the Atomic Energy Act of 1954, Sections 6, 7, 8 and 10. Economic Regulatory Administration opinions and orders for permission for delivery of imported LNG. Licensed and Permitted Activities Described in OCS Plans The 1976 Amendments to the Federal Coastal Zone Management Act added Section 307 (c)(3)(B), stating in part that: 11...any person who submits to the Secretary of the Interior any plan for the exploration or development of, or production from any area which has been leased under the Outer Continental Shelf Lands Act ... and regulations under such Act shall attach to such plan a certification that each activity which is described in detail in the plan-complies with such state's approved management program and will be carried out in a manner consistent with such program". The Department of the Interior must supply DEP with a detailed description of all proposed Federally licensed or permitted activities and facilities for OCS activities which significantly affect the coastal zone. Federal Agencies may not issue a license or permit if the state objects, unless the U.S. Secretary of Commerce finds the proposal meets the objectives of the Federal CZMA or is necessary in the interest of national security. New Jersey will consider an activity consistent if it does not conflict with the Coastal Resource and Development Policies. Permits and Licenses Covered by this Section Any Federally licensed or permitted activity described in any OCS plan for all lease sales on the Outer Continental Shelf of the United States under which New Jersey is identified as an "affected state". Federal Assistance to State and Local Governments Federal assistance to state and local governments for projects directly affecting the coastal zone may not be granted until DEP certifies that the activity will be consistent with the New Jersey Coastal Management Program unless the Secretary of Commerce finds that the proposal meets the objectives of the Federal 248 CZMA or is necessary in the interest of national security. DEP 'will use the A-95 Project Notification and Review Process to monitor proposed Federal assist- ance projects in the coastal zone. The State also reserves the right to comment on other Federal assistance projects brought to its attention through the media and other avenues. New Jersey will consider an activity consistent if it does not conflict with the Coastal Resource and Development Policies. Activities and Agencies Covered by this Section The term Federal assistance includes grants, contractual arrangements, loans, subsidies, guarantees, insurance, or other forms of financial aid. The term "state or local government" includes public entities such as special purpose districts. (Note: It is not clear at this time whether Community Development Block Grant and Urban Development Action Grant Program applications fall within the coverage of this section. Such applications often do not provide, nor are they required to provide, a level of detail adequate to enable a consistency determination to be made. DEP, therefore, shall review such applications, but it shall not issue a negative determination for lack of information for these two categories of grant programs. It shall, by letter and by A-95 comment, assess the applicant's consis- tency with the Coastal Management Program to the fullest extent possible.) DEP will monitor state and local Federal assistance applications affec- ting the coastal zone including, but not limited to the following programs (Refer- ence numbers are those used by the Federal Office of Management and Budget). Activities under these grant programs, when conducted in whole or in part in the coastal zone , are likely to significantly affect the coastal zone, and will be reviewed for consistency. Federal Regulations (15 CFR 930-94) requires that states list the specific Federal assistance programs subject to consistency review in their coastal manage- ment programs. Department of Agriculture Irrigation, Drainage, and Other Soil and Water Conservation Loans (10.409) Resource Conservation and Development Loans (10.414) (Exception: small projects costing under $7500 for erosion and sediment control and land stabilization for rehabilitation and coordination of existing irrigation systems). Water and Waste Disposal Systems for Rural Communities (10.418) Watershed Protection and Flood Prevention Loans (10.419) Community Facilities Loans (10.423) Department of Commerce Economic Development: Grants and Loans for Public Works and Development Facilities (11.300) 249 Economic Development: Public Works Impact Projects (11.304) Grants to States for Supplemental and Basic Funding of Title I, II, and IV Activities (basic grants only) (11.308) National oceanic and Atmospheric Administration - Se Grants Department of Energy State Energy Conservation Program Department of the Interior Heritage Conservation and Recreation Service Outdoor Recreation - Acquisition, Development, and Planning Grants (15.400) U. S. Fish and Wildlife Service Rare and Endangered Species Conservation (15.612) Department of Transportation Federal Aviation Adminstration Airport Development Aid Program (20.102) Federal Highway Administration Highway Research, Planning, and Construction (20.205) Urban Mass Transportation Administration Urban Mass Transportation Capital Improvement Grants (planning and construction only) (20.500) Urban Mass Transportation Capital Improvement Loans (planning and con- struction only) (20.501) Urban Mass Transportation Demonstration Grants (50.506) Urban Mass Transportation Capital and Operating Assistance Formula Grants (20.507) Environmental Protection Agency Construction Grants for Wastewater Treatment Works (66.418) (Note: Public water treatment facilities in the Bay and Ocean Shore Segment are subject to CAFRA). 250 NATIONAL INTERESTS The federal Coastal Zone Management Act requires that the State's program provide "for adequate consideration of the national interest involved in planning for, and in the siting of, facilities ... which are necessary to meet requirements which are other than local in nature." [Subsection (306) (01 The "national interest" is a collection of the diverse, and occasionally conflicting, interests of the 13 United States departments, councils, and commis- sions with involvement in the preservation or development of New Jersey coastal lands and waters. To determine and balance the national interests, New Jersey has met with representatives of the federal agencies with responsibilities affecting the coastal zone. The comments of those agencies choosing to submit written statements and comments or testimony at public meetings on New Jersey's evolving coastal program have contributed to New Jersey's understanding of the national interests. Contacts with federal agencies are summarized in Appendix A. In addi- tion to the comments of federal agencies, the New Jersey program used Presidential statements, federal legislation, and federal, state, and interstate agency reports to aid its consideration of the national interests. The New Jersey program recognizes that national, as well as state, interests and priorities may shift in response to new and/or unforseen circumstances. Under an approved program, New Jersey will, therefore, continue to seek and evaluate information from the same sources. Changes in the national interests will be reflected in the Coastal Program through administrative action including amendments to the substantive rules and regulations which incorporate the Coastal Resources and Development Policies. The Process for Continued Consideration of National Interest Issues The process for balancing the national interests in the coastal zone will be the employment of the three-step decision-making process of the Location Policies, Use Policies, and Resource Policies described in Chapter Four, which will be used to guide actions in or affecting the coastal zone. These policies provide for wise management of the coastal zone and represent the State's effort to fulfill the federal mandate to give full consideration to ecological, cultural, historic, and aesthetic values as well as to needs for economic development. In so doing, the State has considered its responsibility to fulfill national needs for national defense, energy production and transmission, recreation and transportation. All decisions made under the program will follow the Coastal Resource and Develop- ment Policies described'in Chapter Four. An annual review of the Coastal Resource and Development Policies and the coastal permit application procedures described in Chapter Three will serve as the processes for assuring continued consideration of the national interests in the planning for and siting of facilities which are necessary to meet requirements which are other than local in nature. All of the facilities identified below (national defense, energy production and transmission, recreation and transportation) are of sufficient size to require a coastal permit if they occur on non-federally controlled land. Furthermore, these facilities and any other development which would significantly affect the eleven resources described below as in the national interest, (e.g. water, air, etc.) are required to receive a coastal permit. Although other state permits would 251 be needed in some resource areas such as flood plains, the coastal permit would cover all these issues and thus has been identified as the single process during implementation of the Coastal Management Program for assuring the continued con- sideration of identified national interests. CAFRA and the Wetlands Act state that the Commissioner of DEP "shall issue a permit only if he finds that the proposed facility...is located or constructed so as to neither endanger human life or property nor otherwise impair the public health, safety and welfare." (N.J.S.A. 13:19-10f) The Commissioner has interpreted "public welfare" and the jurisdiction of the Statels Waterfront Development Permit Law (N.J.S.A. 12:5-3) to include a full consideration of national interests as described in this program. This interpretation is contained in Chapter Three of this document (Section 1.3.4) which is proposed as amendments to adopted rules. In addition, the Department of Energy will interpret its mandate "... to contribute to the proper siting of energy facilities necessary to serve the public interest (N.J.S.A. 25:27f.2) as sufficient authority to consider the national interest in the siting of coastal energy facilities. The following have been defined as facilities or resources which may be in the national interest. Greater specificity on the policies described below can be found in Chapter Four. National Defense National defense is of obvious importance to all states. To define the national interest in national defense, DEP shared reports, received comments from, and met with the designated representatives of the U.S. Air Force, U.S. Navy, U.S. Army, and U.S. Army Corps of Engineers. The New Jersey Coastal Program excludes from the coastal zone all fedetally owned or leased lands, where defense operations are concentrated. The Coastal Program will actively consider defense activities only when agencies of the Depart- ment of Defense propose to buy additional land or to build new facilities with potential impacts beyond the borders of the federally owned land. The New Jersey program will not question the national security justification for such proposals. Rather, DEP will review the proposal for consistency with the Coastal Program, and will approve it if it can make one of two findings: 1. The proposal is consistent with the Coastal Resource and Development Policies, or 2. The proposed facility is coastal dependent and will be constructed with maximum possible consistency with the Coastal Resource and Development Policies. In addition, the New Jersey program will seek to involve local Department of Defense representatives in planning the use of lands and waters surrounding mili- tary installations. The only current or projected defense activity in the area addressed by the Coastal Program is the possible purchase of land by the U.S. Navy in the vicinity of the Naval Weapons Station, Colts Neck. DEP has reviewed the proposed expansion of this site and has made a determination (in September 1979) that it would be conditionally acceptable under the Department's Rules on Coastal Resource and Development Policies. 252 Energy Production and Transmission In determining the national interest in energy production and transmission, the following plans and federal agencies were consulted: - The National Energy Plan, April 29, 1977 - U.S.Department of Energy (formerly ERDA and FEA) - Federal Energy Regulatory Commission (formerly Federal Power Commission) - Nuclear Regulatory Commission - U.S. Department of Interior - Bureau of Land Management - U.S. Geological Survey - U.S. Department of Transportation - U.S. Coast Guard - office of Pipeline Safety - Department of Defense - U.S. Army Corps of Engineers - Maritime Administration - Environmental Protection Agency The most useful articulation of the national interest in energy is found in the National Energy Plan, which has three overriding objectives: - as an immediate objective that will become even more important in the future, to reduce dependence on foreign oil and vulnerability to supply interruptions ; - in the medium term, to keep U.S. imports sufficiently low to weather the period when world oil production approaches its capacity limitation; and - in the long term, to have renewable and essentially inexhaustible sources of energy for sustained economic growth. (Plan Overview, page IX) The salient features of the National Energy Plan are: - conservation and fuel efficiency, - national pricing and production policies, - reasonable certainty and stability in Government policies, - substitution of abundant energy resources for those in short supply; and - development of nonconventional technologies for the future (Plan Overview, page IX-X) The National Energy Plan also notes that its "cornerstones" are "conservation" (page 35 of the Pla-n-T-.New Jersey's recognition of the need for energy conserva- tion was one factor leading to. the second Basic Coastal Policy which states: "Concentrate rather than disperse the pattern of coastal residential, commercial, industrial, and resort-oriented development, and encourage the preservation of open space". Specifically, the Coastal Program encourages the clustering of development within a site, the use of renewable and recoverable sources of energy, mass trans- portation, and the incorporation of energy conservation techniques into all pro- posed coastal development in accordance with the Energy Conservation Plan being administered by the N.J. Department of Energy pursuant to the Energy Policy and Conservation Act of 1975. 253 oil and Gas Facilities New Jersey recognizes its key role in the transportation, transfer, treatment and storage of national oil and gas supplies. In addition, the exploration for crude oil and natural gas in the Baltimore Canyon has presented New Jersey with the propect of new offshore and onshore OCS related activities. Given the national interest in recreational and resource protection in the coastal zone, pipelines and pumping and compressor stations will be permitted in the entire coastal zone to the extent they can meet existing federal and state requirements. oil and gas facili- ties, other than pipelines, are encouraged to locate in the developed areas of the state where the infrastructure and labor market already exist to absorb such activity. The decision to encourage oil and gas facilities including certain OCS related activities in areas of the state which already house many oil and gas production facilities has been reached as a result of weighing the competing and conflicting national interest in recreation and resource protection as called for in the CZMA. A study undertaken for DEP by Rutgers University Center for Coastal and Environmental Studies (Onshore Support Bases for OCS Oil and Gas Development: Implications for New Jersey, 1977) as well as a study done by the Port Authority of New York and New Jersey to identify the New York Harbor's potential for OCS support bases contributed to this decision by indicating that sites which may be acceptable for oil and gas facilities exist along the Raritan Bay and River and the Hudson River. Electric Power The Coastal Program directs additional fossil fueled generating stations away from particularly scenic or natural areas that are important for recreation and open space purposes, and directs that they be built consistent with applicable air and water quality standards. (See Chapter Four, Section 7:7E-7.4(m). In considering the national interest in the development of nuclear power, New Jersey finds applicable the rules and regulations promulgated by the Nuclear Regulatory Commission (10 CFR 100) which provide firm siting criteria with guide- lines to prevent siting of future nuclear plants in densely populated locations, in valuable natural areas,- or in potentially hazardous locations. New Jersey was one of the first states to recognize the potential of nuclear power to meet U. S. energy needs. The State has six operating or fully approved nuclear plants, including the Hope Creek I and II Generating Stations which received a CAFRA permit from DEP in 1975. The only other recent application for a nuclear facility filed in New Jersey was a 1974 application to construct two floating plants, which has since been cancelled by the applicant. The New Jersey Coastal program energy policies considering electric generating stations can be found in Chapter Four, Section 7:7E-7.4(q). Liquified Natural Gas - The National Energy Plan contains the following statements applicU_leto New Jersey: "Due to its extremely high costs and safety problems, LNG is not a long-term secure substitute for domestic natural gas. It can, however, be an important supply option through the mid-1980s and beyond, until additional gas supplies 254 may-become available ... The previous Energy Resources Council guidelines are being replaced with a more flexible policy that sets up no upper limit on LNG imports. Under the new policy, the Federal Government would review each application to import LNG so as to provide for its availability at a reason- able price without undue risks of dependence on foreign supplies. This assessment would take into account the reliability of the selling country, the degree of American dependence such sales would create, the safety conditions associated with any specific installation, and all costs involved." (p. 57) The New Jersey Coastal Program states that LNG terminals are discouraged unless they are constructed so as to neither unduly endanger human life nor property nor otherwise impair the public health, safety and welfare, and comply with the Coastal Resource and Development Policies. Because the tankering of LNG could pose potential risk to life and property adjacent to New Jersey's waterways which also serve as boundaries with the states of Pennsylvania and Delaware along the Delaware River and the state of New York in the Port of New York and New Jersey, the state considers decisions concerning the siting of LNG terminals to be an interstate matter. Recreation The New Jersey coast is a national recreational resource. in considering the national interest in recreation, New Jersey reviewed the Nation-wide Outdoor Recreation Plan, the New Jersey State Comprehensive Outdoor Recreation Plan (SCORP), the Land and Water Conservation Fund Act, and the Historic Preservation Act of 1966 as amended. In addition, New Jersey has offered draft coastal docu- ments for review to the National Marine Fisheries Service, Bureau of Outdoor Recreation and its successor Heritage Conservation and Recreation Service, U.S. Fish and Wildlife Service, National Park Service and staff of Gateway National Recreational Area-Sandy Hook, and the Advisory Council on Historic Preservation. Major objectives of the national interest in recreation are: - To consider 'recreation as an equal among competing uses of the coastal region. - To provide high quality recreational opportunities to all people of the United States, while protecting the coastal environment. - To increase public recreation in high density areas - To improve coordination and management of recreation areas. - To protect existing recreation areas from adverse contiguous uses. - To accelerate the identification and no-cost transfer of surplus and under- utilized federal property. New Jersey will consider the recreational potential of a site in each decision under the Coastal Program. The Basic Coastal Policies require each waterfront municipality to provide or plan for at least one waterfront park. Residential, commercial and industrial projects are to be designed to include recreation areas, and public access to the water is to be part of waterfront development, whenever it is feasible. The Policies are consistent with the New Jersey State Comprehensive Outdoor Recreation Plan (SCORP), which was also prepared by DEP. 255 Recreation is particularly important in New Jersey where tourism is the state's second largest industry. The recreational use of the ocean waterfront has long been recognized, while the use of bay and river waterfront, particularly in urban areas is of growing importance in New Jersey. DEP provides for the national interest in. recreation through its ability to acquire and manage state parkland and recreation areas and through the state Green Acres program which makes funds available to local governments for acquisition and development of recreation and open space. The federal government, which owns and operates a public beach and open space area at Gateway National Recreation Area (Sandy Hook), further provides for the national interest in recreation in New Jersey. Transportation and Ports The need for adequate transportation both to, and within, the coastal zone is an important national interest. To determine the national interest in transporta- tion, and ports, New Jersey consulted the U.S. Department of Transportation, U.S. Coast ' Guard, Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, Urban Mass Transit Administration, Maritime Administration and U.S. Army Corps of Engineers and the regional Port Authorities. The maintenance of existing transportation facilities is unaffected by the New Jersey Coastal Program. New public transportation facilities will be encouraged while additional roads will be permitted only if a need for them is demonstrated and alternative solutions are not feasible.' in addition, other types of proposals, such as residential projects and development in Atlantic City, will be evaluated in terms of their potential impact on transportation. New Jersey's ports also contribute to the national transportation interest. Ports will be encouraged only in established port areas. New facilities will be permitted when there is a clear demonstration of the inadequacy of an existing port. In New Jersey, the existing ports contain unused and under-used areas which can be refurbished to meet increases in demand. The Coastal Policies nevertheless allow for possible unanticipated future needs for port areas. (See Chapter Four, Sections 7:7E-7.4(i), 7:7E-7.5, 7:7E-7.8 and 7:7E-8.19). Water The New Jersey Coastal Program has been designed to support the attainment of national water quality goals. New Jersey has considered the national interest in water quality by review of the Clean Water Act, which provides the water resource standards of the Coastal Program and in consultation with the Environ- mental Protection Agency, Fish and Wildlife Service, National Marine Fisheries Service and the Council on Environmental Quality. In addition, all coastal devel- opment must conform with any state certified areawide water quality management (208) plan. These goals, and the other resources in which there is a national interest which follow in this section'. are recognized by the first Basic Coastal Policy which states "Protect and enhance the coastal ecosystem", as well as by other more specific policies. Water quality is addressed by the Location Policies on General Water Areas and Special Areas, by Use Policies on Wastewater Treatment, and by Resources Policies on Soil Erosion, Runoff, Ground and Surface Water Use, Water Quality, and Marine Fish and Fisheries. DEP's Division of.Coastal Resources has a close working relationship with DEP's Division of Water Resources. The former has responsibility for the Coastal Zone Management Act in New Jersey and the latter administers New Jersey's participation under the Federal Water Pollution Control Act of 1977, as amended (Clean Water Act) and the Safe Drinking water Act (See Chapter Three). 256 Air The New Jersey Coastal Program supports the attainment and maintenance of clean air. The State has considered this national interest through review of the federal Clean Air Act and consultation with the Environmental Protection Agency and the Council on Environmental Quality. A policy on Air in the Resources Policies section of the Coastal Resource and Development Policies requires that all develop- ment subject to the Coastal Program must conform with the Clean Air Act, the State implementation Plan and any other applicable air regulations and standards. DEP's Division of Environmental Quality is responsible for improving and maintaining air quality in New Jersey. (See Chapter Four, Section 7:7E-8.11),: Wetlands The New Jersey Coastal Program has considered the national interest in wet- lands through review of the President's Executive Order 11990 on Protection of Wetlands of May 24, 1977, Section 404 of the Federal Water Pollution Control Act, and the National Environmental Policy Act, as well as through consultation with the Soil Conservation Service, U.S. Army Corps of Engineers, Fish and Wildlife Service, Environmental Protection Agency, National Marine Fisheries Service, and the Council on Environmental Quality. The major objectives of the national interest in wetlands are: - To protect basic values of wetlands as habitat and food sources for water- fowl and aquatic life; - To protect the functioning of wetlands for flood prevention, storm buffer- ing, water supply, and nutrient exchange, and as a recreational resource. - To regulate alteration of wetlands and the disposal of dredged materials in U.S. waters and associated wetlands. The New Jersey Coastal Program addresses the national interest in protection of coastal wetlands through their designation as a Geographic Area of Particular Concern. Wetlands are also addressed in a Use Policy on Housing discouraging lagoon development, a Resource Policy on "Buffers" which states that adjacent development must allow a buffer to protect sensitive areas such as wetlands, and the Location Policy which specifically identifies coastal and freshwater wetlands as areas where development proposals must meet very high standards. The use of New Jersey's Wetlands Act of 1970 in the Coastal Program will allow enforcement of these policies. In New Jersey, considerable wetlands acreage was being lost to development each year until the Wetlands Act was passed. (See Chapter Four, Sections 7:7E-3.23,'7:7E-7.2 and 7:7E-8.15). Endangered Flora and Fauna, and Wildlife Refuges and Reserves New Jersey has addressed the national interest in endangered flora and fauna, and wildlife refuges and reserves by reviewing the Endangered Species Act of 1973, and the Federal Aid to Wildlife Restoration Act of 1938 (Pittman-Robinson), and by seeking the advice and comments of the U.S. Forest Service, Environmental Protec- tion Agency, Fish and Wildlife Service and the Council on Environmental Quality. 257 The major objectives of the national interest in endangered flora and fauna are: - To provide a means whereby the ecosystems upon which endangered and threat- ened species depend may be conserved.' - To provide a program for the conservation of such endangered and threatened species. - To take steps as may be appropriate to achieve the purposes of treaties and conventions in which the United States has pledged its support for the worldwide conservation of wild flora and fauna. The national importance of wildlife is addressed in the Coastal Program by the Special Areas Policies on "White Cedar Stands", "Endangered or Threatened Wildlife or Vegetation Species Habitats" and "Critical Wildlife Habitats" and by Resource Policies on "Vegetation", "Important Wildlife Habitat", and "Buffers" which state that development must protect and preserve vegetation and wildlife by use of buffers and other techniques to the maximum extent practicable. The Coastal Program also discourages development of sites with endangered species. (See Chapter Four, Sections 7:7E-3.33, 7:7E-3.34, 7:7E-8.9, 7:7E-8.10 and 7:7E-8.15) New Jersey has four National Wildlife Refuges located on excluded federal land in the coastal zone. In addition, the State operates several fish and wildlife management areas within the coastal zone. Living Marine Resources In determining the national interest in living marine resources, the following documents, specific legislation, and agencies were consulted: - Fishery Conservation and Management Act of 1976. - A Compilation of Federal Laws relating to Conservation and Development of our Nation's Fish and Wildlife Resources, Environmental Q_u_a_ri"t_y, and Oceanography. The Library of Congress, Congressional Research Service. January, 1975. - Living Coastal Resources; A Marine Fisheries Program for the Nation. U.S. Department of Commerce/NOAA, National Marine Fisheries Service and U.S. Department of Interior, Fish and Wildlife Service; July, 1976. - U.S. Fish and Wildlife Service. - U.S. Army Corps of Engineers - National Marine Fisheries Service - Marine Mammal Commission The major objectives of the national interest in living marine resources are expressed as follows: - To conserve, enhance and manage in a rational manner commercial fishing which constitutes a major source of employment and contributes significantly to the food supply, economy and health of the nation. - To strengthen the contribution of marine resources to recreation and other social needs. - To develop and protect all species of wildlife and their habitat, and to control losses by damage to habitat areas through coordination with other features of water resource development programs. 258 The key features of the national interest in living marine resources are, therefore: - emphasis on commercial fisheries - relationship of marine resources to recreation - protection of marine resources - protection of wildlife habitat The Coastal Program addresses these issues in the Location Policies and Resource Policies in Chapter Four. Development will be discouraged in shellfish beds, submerged vegetation, surf clam areas, navigation channels, finfish migration pathways, and prime fishing areas. In addition, development will be required to cause minimal feasible interference with marine fish and fisheries. In addition to continuing coordination with the appropriate federal agencies, DEP is working with NOAA to identify and plan for the management of marine sanctuaries in the state. Floodplain and Erosion Hazard Areas New Jersey has considered the national interest in floodplains and erosion hazard areas through review of the Flood Disaster Protection Act (P.L. 93-234), National Flood Insurance Act of 1968 and the President's Executive Order of May 24, 1977 on Floodplain Management, and through consultation with the Federal Insurance Administration, U.S. Army Corps of Engineers, U.S. Geological Survey, Federal Disaster Assistance Administration, National Heritage Program and the Soil Conser- vation Service. The major objectives of the national interest in these areas is to avoid the long and short term adverse impacts associated with the occupancy and modification of floodplains and high risk erosion areas. The national interest in flood control is reflected in the Coastal Program's designation of floodplains as a Special Area in the Location Policies in Chapter Four, Section 7:7E-3.19. Floodplain protection is also addressed by the Resource Policy on Flood Hazard Areas. (See Chapter Four, Section 7:7E-8.23) Development in High Risk Beach Erosion Areas is addressed in Chapter Four, Section 7:7E-3.21. Barrier Islands The national interest in barrier islands was considered through consultation of the same sources noted under "Floodplain and Erosion Hazard Areas" as well as participation in the efforts of the national. Barrier Island Task Force. This national interest is directly reflected in the Coastal Program through the Special Areas designated as the Beach and Dune System and the Central Barrier Island Corridor which restrict or prohibit major development, and through the Use Policy on "Coastal Engineering" which gives preference to non-structural over struc- tural approaches to shore protection. The protection of barrier islands is par- ticularly crucial in New Jersey after the damaging winter storms of 1977-78. (See Chapter Four, Sections 7:7E-3.21, 7:7E-3.22, and 7:7E-7.11) Historic Sites and Districts and Areas of Unique Cultural Significance The national interest in historic sites and districts and areas of unique cultural significance, including shipwrecks, was considered through review of the Archaeological and Historical Preservation Act of 1974 (P.L. 93-291) and National Historic Preservation Act of 1966, and consultation with the National Park Service, the Heritage Conservation and Recreation Service and the Advisory Council on Historic Preservation. 259 The major objectives of the national, state and local interests in archaeo- logical historic sites and districts are: - To afford protection from adverse impacts to designated historic and archaeological sites. - To consider cultural resources in assessing the environmental impacts of proposed activities. The New Jersey Coastal Program recognizes the national interest of preserving representative and unique archaeological, historical and cultural resources of the coast. The Program reflects this recognition, through the designation of Historic and Archaeological Resource sites as a Special Area which encourages the protection of historic and cultural resources. (See Chapter Four, Sections 7:7E-3.13, 7:7E- 3.31 and 7:7E-8.18) Minerals New Jersey has considered the national interest in minerals through consulta- tion with the U.S. Bureau of Mines and the U.S. Geological Survey. Although mining is not a major industry in New Jersey, its national importance is reflected by the Use Policy on "Mining" which spells out conditions on the acceptability of mining. DEP will continue to coordinate with U.S. Bureau of Mines on the Coastal Management Program. (See Chapter Four, Section 7:7E-7.8) Prime Agricultural Lands New Jersey has considered the national interest in agriculture through con- sultation with the Soil Conservation Service and the Fish and Wildlife Service. The national importance of prime and unique agricultural lands is reflected in the Coastal Program by the Location Policy on Farmland Conservation Areas in Chapter Four which discourages development of prime farmland unless continued farming is infeasible or incompatible with surrounding land uses. The Location Policies also consider soil fertility as an important variable in determining the acceptability for development of a site, and there is a Resource Policy to protect fertile soils. (See Chapter Four, Sections 7:7E-3.28 and 7:7E-8.22) Forests New Jersey has considered the national interest in forests through consul- tation with the National Forest Service. The state's major forest -- the Pine Barrens -- is located in the south-central portion of New Jersey. A small part of this area overlaps with the coastal zone. The Coastal Program, through a Pinelands Special Area Policy, General Land Area Policies and the General Location Policy on Secondary Impacts, encourages the protection of the Pine Barrens and the State's other prime forest areas. (See Chapter Four, Sections 7:7E-3.39, 7:7E-5.3 and 7:7E-6.3) 260 REGIONAL BENEFIT DECISIONS The federal Coastal Zone Management Act requires that states provide a "method of assuring that local land and water use regulations within the coastal zone do not unreasonably restrict or exclude land and water uses of regional benefit." (Subsection 306(e)(2)). This method should include: (1) a definition of what constitutes unreasonable restrictions or exclusions, and (2) an identification of the methods that will be employed to isnure that such unreasonable restrictions or exclusions do not occur (15 CFR 923.12, comment). The comment to this regulation describes "use of regional benefit" as those which have a direct and significant impact on coastal waters and also affect more than one unit of local, county, or intrastate government. Using these criteria, the comment lists electric utilities, regional waste treatment plants, multi-county garbage disposal sites or landfills, state highways, or multi-county parks and beaches as uses of regional benefit. New Jersey agrees with both the criteria and the list as an accurate descrip- tion of uses that are of regional benefit, with the addition of beaches located entirely within one municipality. Many, if not most of the visitors to New Jersey's beaches come from non-coastal communities, yet many of these beaches lie entirely within one municipality. The beaches offer important recreational oppor- tunities for a wide geographic area, and are therefore considered as uses of regional benefit. In New Jersey, therefore, uses of regional benefit include energy generating and distribution facilities operated by public utilities (not refineries and tank farms), water and sewer facilities, solid waste collection and disposal systems, roads and highways, ports, parks, housing for people with low or moderate incomes, facilities necessary for state or national defense, and the use of wetlands and wet beach areas. Three methods exist through which local governments are prevented from unreasonably excluding these uses. The most significant of these is the State's power to overrule local decisions which seek to deny approval to any public utility or solid waste facility. The Board of Public Utilities in the Department of Energy has broad regulatory authority over public utilities, which comprise the bulk of the defined uses of regional benefit. This authority includes the power to supercede local zoning laws when necessary if the service conveniences the welfare of the public (N.J.S.A. 40:55D-19). The standard of necessity has been defined by the courts as that service "reasonably requisite to service public convenience" (Petition of Public Service Coordination Transport, 103 N.J. Super 505, 1968). The term public utility includes roads, street railway, traction railway, autobus, canal, express subway, pipeline, gas, electric light, heat power, water, oil, sewer, solid waste collection, solid waste disposal, telephone or telegraphic system, or plant or equipment for public use (N.J.S.A. 48:2-13). This override authority can be applied only to projects that have received all required State approvals. 261 The authority of the Board of Public Utilities to override local siting decisions can be invoked at the request of the aggrieved utility whenever "reason- ably requisite to service public convenience". This is an effective method of protecting uses of regional benefit from unreasonable restriction or exclusion by local governments. The agreement between NJDEP and NJDOE on the energy siting policies and. processes for resolving conflicts ensures that the coastal management program's policies concerning uses of regional benefit will be recognized by the Board, because the NJDOE intervention authority may be used in proceedings before the Board. Under the Solid Waste Management Act, (N.J.S.A. 13:IE-1 et seq.), DEP also has authority to override the local exclusion of a solid waste facility. In addition to these authorities, the State of New Jersey has the power of eminent domain for any facilities necessary for state or national defense (N.J.S.A. 20:1-3.1), airports (N.J.S.A. 20:1-3.1), State highways (N.J.S.A. 27:7-44.6) and parks and open space under the Green Acres Program (N.J.S.A. 13:8A-24). Third, recent judicial rulings have held that low and moderate income housing is a use of, regional benefit which municipalities must recognize through their zoning authority. The New Jersey Supreme Court has established in Southern Burlington County NAACP v. Township of Mt. Laurel, 67 N.J. 151 (1975) thaF-municl- palities must "presumptively make realistically possible an appropriate variety and choice of housing ... at least to the extent of the municipality's fair share of the present and prospective regional need The State is developing guidelines to implement this ruling. A developer whose application is denied local permits to build such housing has legal standing to appeal the denial on the grounds that the municipality has not provided its fair share of low cost housing. 262 GEOGRAPHIC AREAS OF PARTICULAR CONCERN Section 305 (b)(3) of the federal Coastal Zone Management Act requires that the state provide "an inventory and designation of areas of particular concern within the coastal zone." A draft paper prepared by NOAA-OCZM (May 24, 1976) indicates that the designation must lead to "specific recognition and action within the framework of the management program". New Jersey has designated Geographic Areas of Particular Concern (GAPC) on the basis of the following three criteria: A. Regional or state-wide significance of the area; B. Need for special attention based on threat to the preservation of the area or obstacles to its development consistent with the policies of the New Jersey Coastal Program, and C. Availability of State legal authorities to promote desired uses of the areas. Using these criteria, New Jersey proposes two generic GAPC's and thirteen specific GAPC's (see Figure 29). Clearly, many other areas in the coastal zone are important, but designation of them as GAPC's would not be meaningful or feasible, Af due to criterion C above. The New Jersey Coastal Management Program, therefore, relies primarily upon the Coastal Resource and Development Policies in Chapter Four and the Management System in Chapter Three to promote the wise use of each site in the Coastal Zone. When DEP asked the public in 1977 to nominate areas of particular concern, virtually every possible site in the potential coastal zone was mentioned. The Department used the public nominations to confirm, develop, and refine the Coastal Resource and Development Policies. In addition, the Department distributed a report entitled Nominated Areas of Public Concern in the New Jersey Coastal Zone (December 1977) to other State, municipal, county and federal agencies. The Department prepared a supplement to this report describing how each nominated area was addressed by the Coastal Management Program - Bay and Ocean Shore Segment. Copies of both the report and the supplement Nominated Areas of Public Concern and the New Jersey Coastal Management Program - Bay and Ocean Shore Segment (December 1978) are available from DEP. New Jersey's Geographic Areas of Particular Concern are the following: all coastal wetlands, Higbee Beach, Pond Creek Meadow Area, wet sand beaches, ten state owned natural areas, and the Hackensack Meadowlands. Because management of the Meadowlands is more complex than management of the other areas, it is discussed under a separate heading at the end of this Section. 1. All Coastal Wetlands - Wetlands are valuable to New Jersey because they serve as natural flood controls, water purifiers, and essential nurseries for marine creatures. (See also the rationale for the Wetlands policies in Chapter Three). The threat to wetlands posed by development was recognized by the Governor and Legislature in 1970 when they enacted the Wetlands Act. This Act has effectively reduced the average annual loss of wetlands to development from 1900 acres to 57 acres, with only 0.7 acres destroyed in 1979. Under the Coastal Program, New Jersey will continue to use the Wetlands Act to preserve coastal wetlands. 263 GEOGRAPHIC AREAS OF PARTICULAR CONCERN Figure 29 HACKENSACK MEADOWLANDS A LIBERTY STATE PARK Is ALL COASTAL WETLANDS wm@ WET SAND BEACHE ff -Ne RANCOCAS NATURAL AREA SWAN POINT NATURAL AREA ISLAND BEACH STATE PARK MANAHAWKIN NATURAL AREA v GREAT, BAY NATURAL AREA NORTH BRIGANTINE NATURAL AREA TRATHMERE NATURAL AREA STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION HIGBEE BEACH CAPE MAY WETLANDS MEADOW AREA CAPE M,AY POINT 264 The priority of uses in coastal wetlands is as follows: (a) Open Space (No development or disturbance). (b) Development which (1) requires water access or is water oriented as a central purpose of the basic function of the activity, (2) has no prudent or feasible alternative on a non-wetland site, (3) will result in minimum feasible alteration or impairment of natural tidal circulation, and (4) will result in minimum feasible alteration or impairment of the natural contour of the natural vegetation of the wetlands. (c) Other development has lowest priority. 2. Higbee Beach - Pond Creek Meadow Area - This unique area of 424 acres, in Lower Township in Cape May, includes nve mini-ecosystems of bayshore beaches, dunes, wooded uplands, fields, and freshwater and tidal meadows (Figure 30). The area is valued by residents of, and visitors to southern New Jersey as a place to sunbathe and swim, and to observe wildlife. Over 200 species of birds have been recorded in the area. The area hasbeen threatened by repeated efforts to build a campground within it. Mew Jersey has used the CAFRA permit program and funding from the Green Acres Program and the Endangered Species Act administered by the Division of Fish, Game and Shellfisheries described in Chapter Three, to protect the area exclusively for recreation and wildlife. The set of uses with priority in the Higbee Beach-Pond Creek Area includes only recreation compatible with protection of the area's wildlife. All other uses have lowest priority. 3. Wet Sand Beaches - New Jersey's 126 miles of ocean shorefront form a natural resource 7hich is valued directly by residents and indirectly as the mainstay of the state's tourism industry. The wet sand beach area seaward of the mean high water line is known as Public Trust Land and is a Geographic Area of Particular Concern. This area is owned by the State of New Jersey unless the State has conveyed a "riparian grant" for the tide-flowed land. in all parts of the area, whether or not it is owned by the State, public access must. be provided for navigation, commerce and recreation, and any new development requires a Waterfront Development Permit, as described in Chapter Two. The priority of uses in the wet sand beaches areas is: (a) recreation (b) navigation and commerce (c) development with no prudent or feasible location on a non-beach (wet sand) location (d) all other uses have lowest priority. Natural Areas In addition to the three GAPCs listed above and the Hackensack Meadowlands, ten specific state-owned areas in the coastal zone have been labelled "natural areasil under the Natural Areas System Act of 1976, N.J.S.A. 13:lB-15.12(a) et seq., and its regulations (N.J.A.C. 7:2-11.1 et seq.). A natural area is defined as "an 265 N@11N Figure @0 I!, HIGBEE BEACH GAPC W us Nc)rir- jetty Light 0 k I vwe,, n ca al Entfarrce' q South JOfy Light et, 4i 10. 15 %0 it 0 0 Gern'@ 7 IFI 27 0 77: + Wrai -.4 190 te to �r, 7 .4v, 27 /0 74@ ly T* % A 10 st Cape bo May Poin Bm 6 -NAVAL R5s R) r-O 9 Lighthou.8@ t nd 1o 17 us!_ ?3 or Mv,e@ /4 oar wa 25 :_@Pmi -:7_ 15 23 27 PROPERTY PURCHASED BY AREA STATE OF NEW JERSEY SITE OF HIGBEE BEACH CAMPSITE_CAFRA PERMIT DENIED N 1124,000 too*' woo' area of land or water which has retained its natural character, although not necessarily completely undisturbed, or having rare or vanishing species of plant and animal life or have similar features of interest which are worthy of preserva- tion for the use of present and future residents of the State." N.J.A.C. 7:2-11.2(A). The Department of Environmental Protection, Green Acres Program, on July 13, 1978, designated 38 State owned areas to be preserved and managed as natural environments. The ten areas which are in the coastal zone are also designated GAPCs under the federal Coastal Zone Management Act. Two of the areas are parts of Island Beach State Park, an oceanfront natural barrier island. The Natural Areas system regulations divide the areas into three types for management purposes (7:2-11.5.B): Class I Natural Areas: (a) The Department shall manage such areas for eco- logical research and study. When compatible with other uses they may be used for guided nature tours; and (b) All of Class I natural areas shall be restricted to entry by permit or with a designated Department employee. Class II Natural Areas: (a) The Department shall manage Class II areas for the specific purpose of interpretation of natural processes, flora and fauna of this State. Class II areas may be used for ecological research and study; and (b) Use of Class II areas shall be limited to interpretive purposes or shall be restricted to entry by permit for research purposes. Class III Natural Areas: (a) The Department shall manage Class III areas for recreational use, interpretive study, wildlife propagation, and succession control; and (b) Use of Class III shall be limited to interpretative purposes, swimming, canoeing, rowboating, hiking, trailside camping, and recreational hunting, fishing and trapping as provided in the natural areas system rules and regulations. The,ten geographic areas of particular concern in the coastal zone and descriptions from the Natural Areas regulations are listed below: 4. Cape May Point Natural Area: An area of 100 acres in Cape May State Park, it demonstratg's -typical southern New Jersey sand dune and fresh- water marsh habitats, and is a bird sanctuary. 5. Cape May Wetlands Natural Area: An area of 2,000 acres acquired through @he Green Acres prog-r-am-,7t.-demonstrates the ecosystem complex of salt- marsh habitats, and is a sanctuary for colonial nesting and migratory birds. 6. Strathmere Natural Area, Corson Inlet, Cape May County. An area of 80 acres, it demonstrates dune habitat and the erosion effect of tidal movements confluent with outwash currents. 7. North Brigantine Natural Area: An area of 968 acres acquired with Green Kcres funds and adjoining the Brigantine National Wildlife Refuge, it demonstrates both sand dune and salt marsh habitats and serves as a refuge for coastal birds. 267 8. Great Bay Natural Area, Bass River, Ocean County. An area of 330 acres, it is a salt marsh=,abitat and an excellent example of New Jersey Bay ecosystem. it is a highly productive oyster area, and is a resting area for coastal birds. 9. Island Beach State Park: The New Jersey State Legislature has statu- torily reocgnized thaF-Island Beach State Park is one of the few natural expanses of barrier beach remaining along the eastern edge of North America, that Island Beach State Park is highly valued for its topo- graphy, flora and fauna, and that island Beach State Park serves the citizens of the State as a unique recreational and educational resource (N.J.S.A. 13:6-2 et seq.). This Act, requiring the park's continued preservation, further provides that the Park "shall be preserved, main- tained and improved in such a manner as the Division of Parks and Forestry in the Department of Environmental Protection determines will best perpetuate the park's present physical state". Through State ownership of Island Beach State Park and the terms of the law, New Jersey will manage the entire Park as a Geographic Area of Particular Concern. In addition, two parts of the park are designated "Natural Areas" under the Natural Areas System Act of 1976. Permissible uses of these areas are defined more speci- fically below: (a) Island Beach Research Area and Wildlife Sanctuary: An area of 1,200 acres encompassing the width of Island Beach State Park and running north for 3.3 miles, it demonstrates a sand dune habitat, it is a wildlife sanctuary, and will serve as a research area. (b) Island Beach Natural Area: An area of 1,000 acres of the State park, encompassing its width and running 3.3. miles south (excepting maintenance area and offical residence), it demonstrates dune habitat and is a botanical preserve. 10. Swan Point Natural Area, Brick Township, Ocean County: An area of 104 acres acquired throu-g7 the Green Acres program, it demonstrates salt marsh habitat, and is a part of the Barnegat Bay ecosystem. 11. Manahawkin Natural Area: An area of 64 acres and a national natural landmark, it demonstrates a mature bottomland hardwood forest. 12. Liberty Park Natural Area: An area of 60 acres which is included within Me master plan for Libe ty Park, it demonstrates salt-marsh habitat for a variety of water fowl. it is a valuable study area for tolerance to urban encoroachment. 13. Rancocas Natural Area: An area of 80 acres, located in Westhampton Township, Burlington -county, it demonstrates freshwater marsh and south- ern flood plain habitats. The north Branch of the Rancocas Creek follows along the southern and eastern boundaries of the area and the Timbuctoo Feeder of the North Branch follows the western boundary. To the north and west of the natural area is additional land belonging to Rancocas State Park. (Maps of designated natural areas are available from the Green Acres Program, New Jersey, DEP, Box 1389, Trenton, N.J. 08625) 268 14. THE HACKENSACK MEADOWLANDS DISTRICT The Hackensack Meadowlands District is the fourteenth geographic area of particular concern and is proposed as a distinct unit of the Coastal Zone with its own management system and policies. The District consists of uplands and coastal wetlands interlaced by tidal rivers and streams. Inclusion of at least part of the District within the New Jersey Coastal Zone is, therefore, required by the federal Coastal Zone Management Act, which states that a coastal zone must include coastal waters and adjacent shorelands with a direct and significant impact on -the waters, transitional and intertidal areas, salt marshes, wetlands and beaches. Thei District was defined by the State Legislature in 1968 in the Hackensack Meadowlands Reclamation and Development Act, which established the three goals of orderly development, solid waste management and environmental protection in the District. This occurred five years before the Legislature addressed the issue of development in the Raritan and Delaware Bays and Atlantic Ocean parts of the Coastal Zone through CAFRA, and four years before the enactment of the federal Coastal Zone Management Act. Under the Coastal Management Program, the Hackensack Meadowlands District will be treated differently than other parts of the coastal zone. This is because the District is the only part of the coastal zone, in which comprehensive land use decision-making is governed by a powerful regional agency which is part of the State government and has objectives and policies generally compatible with the proposed coastal management program. Despite a location six miles from midtown Manhattan, pre-1968 use of the Meadowlands was limited to an unplanned scattering of landfills, warehouses and other uses not requiring dry soils. The region was underutilized, yet the uses present were severely degrading to the potentially valuable wetlands environment. Natural resource management and planned filling for development were both stymied by the division of the 31 square mile meadowlands into fourteen separate munici- palities in two counties. Because of the need for central planning direction if the wetlands environment were to be restored, and if the region were to meet its potential as a supplier of jobs and housing, the Legislature recognized the Meadow- lands as a unique area where local zoning would have to be superseded by regional controls. The response was the Hackensack Meadowlands Reclamation and Development Act (N.J.S.A. 13:17-1 et seq.), which defined the boundary of the Meadowlands District, and establishid-a management system which led to the adoption of a Master Plan Zoning Ordinance in 1972 and other management plans defining policies for resource management and development. it is this boundary, management system under the direction of the Hackensack Meadowlands Development Commission (HMDC), and policies which the State is adopting as elements of the Coastal Management Program. The boundary and management system will be discussed first, followed by a discussion of policies for the District and their implications for coastal zone management. Lastly, the relationship between HMDC and the Division of Coastal Resources under an approved coastal management program will be described. Boundary The boundary of the Hackensack Meadowlands District of the Coastal Zone is depicted in Figure 31. In general, the District extends to the first major road or railroad upland of the tidally influenced meadowlands. The area of the district is 269 Figure @l RK>GE'FlEL P ILK -D @, 4 TETrROONO HAS Cx C t @5T L % RE@ Y V0000 RIDGE' N4010NACKIE,, =L C RLSTAUT A U JIGEN -bk 1@ V UTHMFORD H T =!@@RFO'40, w r 1C, ------ t C 7' LYND"s '0 (n T= v --,kt I-lAU Jm NOORTH JERSEY A A. CITY 0, KEARNY TO NEW YORK -7 /,_4 Ox, @7 VV/ N, -lL _V1 Z7 MILES C@j District Boundaries @ACKENSACK' MEADOWLANDS DISTRICT 270 19,730 acres of which, in 1972 ' 7,800 acres (40 percent) were developed, between 6,200 and 7,500 acres (31-38 percent) were vegetated coastal wetlands, and 1,400 acres (7 percent) were tidal waters. Management System The Hackensack Meadowlands Reclamation and Development Act established the, Hackensack Meadowlands Development Commission (HMDC) as a political subdivision of the State, in but not of, the Department of Community Affairs. Among the Commis- sion's authorities are the power to issue bonds or notes, and to acquire or lease lands and to exercise the power of eminent domain; the power to reclaim, develop, redevelop and improve the land in its district; the power to recover the cost of improvement by special assessments based on the resultant increase in property values; the power to establish an inter-municipal tax sharing formula so that all municipalities will share equitably in the financial benefits of new Meadowlands development; and the powers to adopt and implement a master plan for the physical development of the District, to adopt and enforce codes and standards to implement the plan, and to review and regulate plans for any subdivision or development within the District. The HMDC is also both empowered and required to provide facilities for the disposal of the same large quantities of solid waste from within the State which was being deposited as of January, 1969. The HMDC consists of seven members, one of whom is the Commissioner of the Department of Community Affairs or an alternate. The other six members are appointed by the Governor subject to the requirement that two be residents of Bergen County municipalities within the District, two be residents of Hudson County municipalities within the District, and the remaining two consist of one resident of Hudson County and one resident of Bergen County. Four members of the Commission constitute a quorum and the Commission may exercise its power through the affirma- tive vote of a majority. The HMDC is provided with technical support by a twenty-three member profes- sional staff headed by an executive director. The executive staff is a multi- disciplinary team composed of a four member administrative branch, a thirteen member engineering branch and a six member environmental branch. The legislation creating the HMDC also created a Hackensack Meadowlands Municipal Committee consisting of the Mayor or elected chief executive of each constituent municipality of the District. The HtOC must submit the District master plan and amendments thereto, development and redevelopment plans, improvement plans, and codes and standards to the Committee for its review. The HMDC may not take final action on any proposal formally rejected by the Committee, except by a vote of 5/7 of the full membership. A public hearing is also required before any change may be made to the Master Plan. To insure that implementation of the master plan will not only balance uses, but will also preserve the most valuable wetlands, share the fiscal benefits of the plan among all the 14 constitutent municipalities, and, most importantly, put an end to pollution so that the Hackensack Estuary will once again become an attrac- tive place to both people and wildlife, a system of interlocking administrative tools were written. 271 The Master Plan Zoning ordinance (1972; N.J.A.C. 19:4-1) delineates what, where, and how development may take place.* The accompanying Open Space Map (1972) specifies which areas are to be left as marshland preservation and, which are to be parkland, and identifies the water courses for special protection, while the Wetlands Order (1972) defines the manner in which those wetlands will be respected. Since most of the Hackensack Meadowlands District is privately owned, the open Space Plan assembles a number of interdependent techniques -- zoning, tax sharing, riparian claim, easements, and cluster principle planning -- to maximize open space preservation without the infusion of extensive public dollars for purchase. The supporting administrative framework is completed with the Inter-municipal Tax Sharing Formula, the Building Code (1969), the Subdivision Regulations (1969), the Environmental Performance Standards (part of the zoning ordinance), the Socio- Economic/ Environmental Impact Assessment Guidelines (1973), and the Ecological and Resource Management Plan (1978). Construction plans for major or minor subdivisions are reviewed by the Chief Engineer of HMDC for consistency with the Master Plan Zoning Regulations, the HMDC Subdivision Code, Building Code, Foundation Regulations, and the Wetlands Order. If the subdivision is to be built on lands to which the State has a riparian claim, the prospective developer must provide evidence of a riparian grant, lease or license and of a Waterfront Development Permit if applicable. When the complexity of the proposal warrants, the Chief Engineer is assisted 'in his determination by a member of an Environmental Design Committee, a committee of professionals in the field of environmental and architectural matters appointed by the Commission. A written decision of the Chief Engineer may be appealed by the prospective devel- oper to the HKDC, which can overrule the decision by a majority vote of a panel of at least three Commissioners. The detailed approval process is depicted in Figures 32 and 33. Variances from HKDC Zoning Regulations are decided by the Executive Director, but full or conditional approval of a variance requires a concurring vote of a majority of Commission members. The Master Plan Zoning Regulations require that six findings be made before a variance can be approved: (1) the variance request is the result of a unique situation of the property in question, (2) granting of the variance will not adversely affect the rights of adjacent property owners or residents, (3) failure to grant the variance will result in exceptional practical difficulties or hardships for the applicant, (4) the variance will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare, (5) the variance will not have an adverse environmental impact, and (6) the variance will not substantially impair the intent of the Master Plan Zoning * It should be noted that the Hackensack Meadowlands District designations for wetlands development do not preclude federal agency recommendations and deci- sion contrary to such development. The Hackensack Meadowlands District Plan does not meet the definition of a "Comprehensive Planning Process" under Section 404(b) (1) of the Clean Water Act and associated regulations. Therefore, federal agencies will evaluate proposed projects in the Hackensack Meadowlands District on a case by case basis. Wetland modification will require proper analysis and documentation under Section 404(b) (1) of the Clean Water Act regardless of adopted plans and ordinances. The 404(b) (1) process currently requires four tests to be met and properly documented through a public process including: 1) acceptance of unavoid- able impacts; 2) alternatives analysis; 3) demonstration of water dependency; and 4) demonstration of need. 272 HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION APPROVAL PROCESS FOR SUBDIVISION OUTSIDE OF SPA Figure 32 R I PARIAN INSTRUMENT SKETCH P7LAT MINOR SUBDIVISION MAJOR SUBDIVISION PPLI CATIONS FORSTATE AND FPRELIMINARY PLAT LOCAL WATER SUPPLY AND SEWERAGE APPROVAL APPLICATION FOR TREAM ALTERATIO AUTHORIZA- r 7PUBLIC HEARING'..".'.'7 TION 7= FINAL PLAT RIPARIAN PLAT FILING WITH COUNTY INSTRUMENT DEED RECORDING OFFICER POSTING OF BUILDING PERMIT PERFORMANCE BONDS ZONING CERTIFICATE PLACEMENT OF FILL INSPECTION @ORSUBDI LOLAAdlilroTA OF OCCUPANCY MANDATORY UNLESS A PUBLIC HEARING ON THE PROPOSAL IS HELD BY THE MUNICIPALITY 273 HACKENSACK MEADOWLANDS 'DEVELOPMENT COMMISSION APPROVAL PROCESS FOR SPA AND PLANNED UNIT DEVELOPMENTS Figure 33 R I PARIAN NSTR UMENT ENVIRONMENTAL IMPACT GENERAL PLAT ASSESSMENT PUBLIC HEARING APPLICANTS FOR STATEAND ENVIRONMENTAL IMPACT LOCAL WATER SUPPLY AND DEVELOPMENT PLAN ASSESSMENT SEWERAGE APPROVALS, APPLICATIONS FOR STREAM ALTERATION OR DAM AUTHORIZATION ENVIRONMENTAL IMPACT LEMENTATION PLAN ASSESSMENT TECHNICAL DOCUMENTS AND POSTING OF PERFORMANCE BONDS BUILDING PERMIT LACEMENT OF P FILL 7, IMPLEMENTATION PLAN UILDING CONSTRUCTION (applicant3 Fa fpynl MODIFICATION (applicant a option) BUILDING INSPECTION PUBLIC HEARING 47 SUBDIVISION PLAT FILING FCERTIFI CATE OFOCCUPA .NCY WITH COUNTY DEED RECORDING OFFICER L FINAL PLAT F P @usul F PPL'CANTS OCAL WATI SEWERAGE P! IC@@ to A IMP 274 Regulations or result in substantial detriment of the public good. Appeals from variance disapprovals may be made to the Commission with a majority vote of at least four Commissioners required to overrule the Executive Director. Between 1973, the first full year during which the Master Plan Zoning Regulations were in effect, and 1977, 459 variance decisions were made. Seventy-two decisions involved applications for use variances (variances for a non-permitted use-), and 53 (74 percent) of these use variances were approved. The remaining applications sought variances to bulk requirements (variances to bulk standards for a permitted use); 82 percent of these were approved. Public hearings must be held before a decision is made on use variance applications. A hearing is required on b 'ulk variance applications only when requested by-a person filing an adverse comment. Within the Meadowlands District there are twelve Specially Planned Areas (SPA) where planning and development must be carried out in a unified manner for the entire area (100 to 600 acres) consistent with the HMDC planning process and in compliance with the purpose and specific requirements of the individual zones. Six are to be predominantly residential SPAs, of which one, Harmon Cove, is already partially developed. Of the remaining six areas, two are to be transporta- tion centers accommodating major commuter transfer centers and office buildings; three are planned as special use areas for land uses of regional importance; and one is to be the Berry's Creek Center, intended to be a shopping, civic, cultural and transportation center which would serve as the focal point of the Meadowlands. A developer proposing a project for a Specially Planned Area must control at least 80 percent of the land in the SPA. Approval is granted in a multi-stage process with General, Development, and Implementation Plans as increasingly spe- cific review stages. Such large projects typically are built in sections over a period of years. If a development is staged, all regulations applicable to the entire area must be satisfied by each stage. First, the applicant must file a General Plan covering the entire Specially Planned Area. An environmental and socio-economic impact assessment in accordance with HKDC guidelines must accompany the applicant's General Plan, and a public hearing on the General Plan must be held. If the SPA is to be built on lands to which the State has a riparian claim, the general plan must be accompanied by evidence of a riparian grant, lease or license, and of a Waterfront Development Permit if applicable. Action, in the form of approval, approval subject to certain conditions, or disapproval must be taken by a Development Board composed of the Executive Director, the Chief Engineer, a Mayor of a constituent municipality selected by the Hackensack Meadowlands Municipal Committee, and two HKDC Commis- sioners selected by the Commission. In reaching its decision, the Development Board is to consider: (1) the HMDC Zoning Regulations for SPAs, (2) the HKDC Wetlands Order, which describes the various inventory, conservation, and environ- mental protection steps required within each SPA, (3) the HMDC Open Space Map, and (4) the HMDC Environmental Impact Assessment Guidelines, which are keyed to every step in the planning, construction and operation of SPAs. Figure 33 depicts the approval process for SPAs. Variances from SPA requirements specified in the Master Plan may only be granted if the Development Board finds that the "quality of development in the SPA will not be adversely affected", "the Comprehensive Land Use Plan for the Meadow- lands will not be adversely affected", and "the intent and purposes of all the applicable SPA regulations will not be impaired by the variance". 275 Following approval or conditional approval of a General Plan, the developer must file Development Plans for sections of the SPA in accordance with a timetable given by the Development Board in approving the General Plan. These Development Plans are more detailed plans which are reviewed by the Development Board for compliance with General Plan, with Development Plan requirements, and for any necessary riparian instruments or permits. Additional requirements may be imposed based upon the findings of an Environmental Design Committee. A decision of the Development Board regarding General and Development plans is subject to. certifica- tion by the full Commission. Next, the prospective developer must file a highly detailed set of plans called Implementation Plans for each section of the SPA. These Plans must be filed in accordance'with a timetable for development specified in the approval of the Development Plans. The General Plan, Development Plans and Implementation Plans must all include an assessment of the environmental impact of the proposed project. The Implementation Plans are reviewed by the Development Board and by the Environ- mental Design Committee for consistency with the Development Plans as well for consistency with specific Implementation Plan requirements. Should an Implementa- tion Plan be approved in full or with conditions, construction may commence following approval of engineering drawings by the Chief Engineer, approval of a final plat by the Development Board and the municipality, and posting of per- formance bonds. HMDC Policies and Their Implications The Hackensack Meadowlands Reclamation and Development Act directed HMDC to respond to a three-fold mandate: to provide jobs, homes, and open spaces with need calculated at regional scale; to protect the delicate balance of nature and to protect against air and water pollution; to provide for solid waste management in perpetuity for all New Jersey municipali.t@.,2-_i tlien dumping in the Meadowlands. With the goals in mind, the HMDC was direct,@d by the Act to develop, adopt and from time to time amend 'a master plan for the physical development of the Meadowlands District. The result was a Comprehensive Land Use Plan developed by HMDC staff in December, 1971 and adopted in a revised form by the Commissioners in November, 1972 following a two-year construction moratorium. The Zoning Map has been revised following public hearings three times since 1972. In April 1977 the zoning classification of thirty-nine parcels of land was changed; in the Fall of 1978 the classification of eight parcels was changed; and in November, 1979 another five parcels were rezoned. These fifty-two changes involved about 2,250 acres of land or eleven percent of the total area of the Meadowlands District. The most signi- ficant changes involved the expansion of park and marshland preservation zones to create Richard de Korte State Park, at the expense of a planned research and distribution park and a parkside residential SPA. To compensate the loss of this residential zone, an Island Residential SPA was expanded into an area formerly designated for marshland preservation. Also, one Transprortation Center SPA was replaced by industrial zoning, while a new Special Use SPA was created in an area designated for light industry and marshland preservation (see Figure 34). 276 Figure 34 HACKENSACK MEADOWLANDS DISTRICT OFFICIAL ZONING MAP ZONES ..................... Marshland Preservation Zone ERE- Park and Recreation Zen Waterfront Recreation Zone 7-4@@ Low Density Residential Zone 7 Commercial Zones Research, Industrial and Distribution Zones EAST RUTHERFORD IMPublic Utility zones 6 Airport Facilities Sports Complex 4., rc SPECIALLY PLANNED AREAS Parkside Residential Island Residential Transportation Center . . . . . . . 0 Special use Island Residential Mormon Cove K Me*rrys Crook Canter Oq Secaucus (Outside District) Pin- Proposed December 28, 1971. Includes all amendments through January ici@ 1980. 277 Table I - Developed Land Uses in Hackensack Meadowlands District (1972) Transportation 3,393 acres (includes Teterboro Airport) Industry 2,384 acres Utilities 786 acres Commercial 254 acres Residential 206 acres Vacant building and buildings under construction 133 acres Quarry 115 acres Marinas 42 acres Source: HMDC: "Open Space for the Hackensack Meadowlands", 1972. If the Meadowlands Master Plan were to be fully implemented in its present form, the amount of land in developed@uses would increase from 8,260 acres in 1972 to 13,104 acres (Figure 35). Most of the increase in developed land would be in the residential Specially Planned Areas, in light industrial, distribution, research and commercial zones, and in the already developed New Jersey Sports Complex. The amount of open space would decline from about 8,000 acres in 1972 (not counting sanitary landfills) to 6,626 acres. This is the maximum amount that the Meadowlands Commission believes can be designated for open space given the Legisla- tive mandate to provide for the orderly development of the District, and the constitutional mandate that the Commission not deprive property owners of the use of their land without compensation. This open space is to be preserved by a combination of techniques including the zoning of publicly owned land for open space use, the purchase of additional public lands, the regulation of a fifty foot wide natural buffer strip along stream corridors, and a requirement that a certain amount of land be preserved as open space in each SPA. This open space requirement ranges from 50 percent in Island Residential Areas to 15 percent in Transportation Centers. Land use and zoning consultants calculated that because of the strong demand for developable land in the Meadowlands Distrct, intensive, planned develop- ment of the remainder of the SPAs would allow the landowners a reasonable economic return on their land. Most of the loss in open space in the Hackensack Meadowlands District will involve wetlands. In 1972, DEP estimated that there were 6,900 + 690 acres of vegetated wetlands in the District, based on "Wetlands Ecological Value Overlay" maps produced for the purpose of tidelands delineation. In 1980 the HMDC estimated that these were 4,772 acres of wetlands in the District in April 1980.* However, the HMDC calculates that this represents a net gain in wetlands area of 162.6 acres. Between 1972 and 1980, 494.5 acres of wetlands were filled -- including 147.3 acres on the Sports Authority site and 97.1 acres by the Turnpike Authority. However, 657.1 acres of new brackish and fresh water wetlands have formed, pri- marily at the Kearny Marsh as the result of a man-made dike. The difference between the DEP and HMDC estimates of 1972 wetland area is largely attributable to Hackensack Meadowlands Development Commission, Wetland Bio-Zones of the Hackensack Meadowlands: An Inventory, July, 1980. This report supercedes a report by the same name published in April, 1975, and quoted in the Proposed New Jersey Coastal Management Program and Draft Environmental Impact Stafement. 278 Figure 35 1972 MEADOWLANDS DISTRICT LAND USE OTHER CLEAN (0-11%) FILL 960 AC. WATER (4%) AREAS 1400 AC. (7%) ACTIVE OR DEVELOPED INACTIVE SANITARY LAND FILL 2200 AC. 01 %) stso AC. (42 % WETLANDS 4610 - 6900 AC. (23- 36 %) PROJECTED MEADOWLANDS DISTRICT LAND USE UPON IMPLEMENTATION OF THE MASTER PLAN OTHER OPEN SPACE PUNLIC 443 AC. PARKS (2%) MOE AC. WATER AREAS 1400 AC. WETLANDS DEVELOPED 3574 AC. 16. 104 ". %) SEE TABLE ONE BREAKDOWN 279 Figure 36 WETEAND-BIOZONES OF THE HACKENSACK ESTUARY MEADOW R-DOEFIEL LITTLE PER" PARK x"INIKAsax RIDGERWI60 WOOD NJ FNWAEW CARIST DT .Moonachie Creek Marshgs EAST coo Mill Creek and Cromakill Creek Basins LYWOHL"T Ec"CUS derson Creek Marsh Bull Bergen County Impouadme t- X ARLINOTON Penhorn Creek Sawmill C@eek Basin Wildlife Management ks@ Area Kearny Fresh Water N Marsh LEGEND WATERWAYS WATER ZONES y --------- MUNICIPAL BOUNDARY MAJOR ROADWAYS N, "APRISON HMDC DISTRICT BOUNDARY B a 'v,Mudflat Salt Marsh 7.. -High Salt Marsh IV Reed Marsh -BAY v .......... :Fresh Water 280 different wetlands definitions, with DEP including fields of Phragmites at eleva- tions less than 1 foot above local extreme high water, many ot which HMDC has classified as upland fields. It is also'possible that there has been some loss of wetlands through upland succession of fields from which tidal flow had long ago been excluded. In any event, use of DEP's 1972 methodology for wetlands delinea- tion would yield a figure higher than 4,772 acres. The HMDC Wetland Bio Zone Report divides the wetlands into six zones (see Figure 36): 1. Shallow Tidal Bays and Flats 988.0 acres 2. Low Salt Marsh 874.8 acres 3. High Salt Marsh 54.8 acres 4. Reed/Cattail Marsh 1,906.9 acres 5. Fresh Water Marsh 533.5 acres 6. Brackish Impoundments 414.0 acres 4,772.0 acres Of the 4,772 acres of wetlands, 533.5 acres (12 percent) are fresh water wet- lands, separated from the estuarine system by dikes or tidal gates, and 1,862.8 acres (39 percent) are within the intertidal zone (between mean high water and mean low water). Of the 3,576 acres (75 percent) of wetlands designated for preservation, at least 1,500 will be within SPAs as part of the open space requirement, and about 1,200 acres will be within the shallow tidal bays, fresh water marsh and Sawmill Creek State Wildlife Management Area of the proposed 2,000 acre Richard de Korte State Park. The amount of public parkland will be increased from fifteen acres to about 1,500 acres. Five hundred and thirty-five of these acres will be the open space areas required within Parkside Specially Planned Area. Eight hundred of these acres will be within the Richard de Korte State Park and will be created by the landscaping and vegetating of sanitary landfills. one hundred acres will be within Losen Slote State Park. The Commission's Solid Waste Management Plan (revised draft, March 1979) provides for the replacement of landfills by baling and resource recovery facilities, and for the transformation of existing landfills into parkland. Finally, the requirement that a fifty foot buffer strip along watercourses be kept in a natural state will result in the preservation of only fifty acres of open space, but these fifty acres will be the most biologically productive acreage in the District, as well as serving as filters for stormwater runoff. At the inception of planning for the Meadowlands District, the Hackensack River Estuary was a highly stressed ecosystem. Sewage and industrial discharges were allowed to flow untreated into the river and its tributaries; oil spills were a frequent occurrence; garbage and toxic wastes were dumped into landfills that were encroaching ever further into virgin marshland. By existing local zoning, the Hackensack Meadowlands were destined to disappear into a complex of industrial development and landfill. Adopted HMDC policy documents form an enforceable land use regulation system which has enabled the Commission to institute a massive revival effort in the Hackensack Estuary. Discharges into the river have been limited by performance standards specifying type, amount, and location. 281 Sanitary landfills have been restricted in size, with liquid wastes pro- hibited, ultimately to be replaced altogether by baling and resource recovery facilities . And most importantly, 1,100 acres of salt marsh, tidal bay and mud- flat, once destined for garbage dumps, is now dedicated by the State as the Sawmill Creek Wildlife Area. Improvement of water quality in the District, over the last 10 years, has been documented in an on-going joint monitoring program by the Commission and the New Jersey Institute of Technology. Yet the most significant and impressive evidence of the system's revival can be seen in the reappearance of blue claw crabs and crabbers, striped bass, and alewife herring; in the increasing utilization by over 230 species of wildfowl, shore and wading birds; in the discovery three years ago, of the first pair of breeding marsh hawks to be found in the state in thirty years; and in the desire of people to live and play on the banks of the Hackensack River. The Hackensack Meadowlands District is thus a case where balanced land use planning and regulation has produced not only an attractive human development, but one which coexists with a fast-recovering, manageable wetland ecosystem as well. Under the supervision of the HMDC, over $600 million of new construction was undertaken between 1970 and 1977, almost two thirds of it by private enterprise. One of the twelve Specially Planned Areas, Harmon Cove, is partially developed. This Island Residential SPA by Hartz Mountain industries, Inc. now includes 626 townhouse units, a major hotel, a hospital and office buildings. Across the Hackensack River from Harmon Cove is the New Jersey Sports Complex with a race- track and a professional football/soccer stadium already constructed and an indoor sports arena under construction. Employment space for nearly 25,000 people has been created since 1970. A result has been a decrease in wetlands areas, but the decrease is less than it would have been without the HMDC policy of wetland preser- vation in SPA, encouragement of cluster development and the policy prohibiting the horizontal expansion of landfills. Nothwithstanding HKDC's record of environmental preservation and recovery linked with meeting development needs, it is clear that implementation of the HMDC Master Plan would result in a lesser degree of preservation of environmentally sensitive land and water areas than would the Coastal Resource and Development Policies applied elsewhere in the coastal zone. The Coastal Policies, however, were not developed with a district that is one-third tidal marsh or water area in mind, nor for an area under intense development pressure because it represents the largest block of undeveloped land within ten miles of the center of the nation's largest metropolitan area. Literal application of the Coastal Policies in the Meadowlands District would violate the will of the State Legislature, which has called for the orderly development of the Meadowlands in compliance with the HNDC Master Plan and which specifically exempted the Meadowlands District from the Wetlands Act. The promulgation of different resource policies for different parts of the State in response to different needs has a precedent in the Coastal Policies for the rest of the coastal zone, which differentiate between developed, extension and limited growth areas based upon existing development, environmental sensitivity and State policies toward development patterns. State environmental policy, therefore, envisages a continuum of regions, ranging from sections of the Delaware Bay and Atlantic.0cean shores where low levels of growth and extensive preservation 282 are encouraged, up to the Meadowlands District where the HKDC Master Plan calls for extensive development consistent with an ecological and Resource Management Plan, Open Space Plan and Wetlands order. The Department of Environmental Protection, therefore, adopts by reference the Master Plan and its associated policy documents, with their dual concerns of promoting development and preserving the most produc- tive wetlands, as coastal policy for the District. Relationship Between Division of Coastal Resources and Hackensack Meadowlands DevelopmenF -Commission The HKDC is the lead agency for planning and regulation of development in the Meadowlands District under the New Jersey Coastal Management Program. The Division of Coastal Resources will be guided by the HKDC Master Plan, its adopted components and management plans in making decisions on Waterfront Development Permit applications (the only Division permit applicable in the Meadowlands), and will consult with HMDC staff concerning interpretation of these policies. The Division will be guided by adopted HKDC policies in its recommendations to, the Tidelands Resource Council concerning tidelands grants, leases and licenses, but the Council will also be guided by the need to obtain either a- fair market price to benefit the School Fund (a requirement of the New Jersey Constitution), or to obtain lands of equal or greater value to the public, in exchange for lands alienated. The Department will work together with HMDC to preserve wetlands and other Open Space designated for preservation by the HKDC Master Plan, and to identify additional parcels of land which because of their biological productivity or value for recreational purposes, should also be considered for preservation. The Depart- ment and the HKDC will explore public acquisition and other techniques for the preservation of these lands. Working together, the Department and HKDC will be able to ensure the preservation of at least as much wetlands and other open space as presently called for by the HMDC Master Plan. Amendments to the Zoning Regulations of the Hackensack Meadowlands District will be considered amendments to the Coastal Management Program, when they meet the definition for amendments found in 15 CPR 923.80(c): flamendments are defined as substantial changes in, or substantial changes to en'forceable policies or authorities related to: (1) boundaries; (2) Uses subject to the management program; (3) Criteria or procedures for designating or managing areas of particular concern or areas for preservation or restora- tion; and (4) Consideration of the national interest involved in the planning for and in the siting of, facilities which are necessary to meet requirements which are other than local in nature." It should be noted that the Master Plan has been amended three times since its adoption in 1972. In compliance with 15 CFR 923.53(a)(1), the Division of Coastal Resources will determine the consistency of federal activities with the Coastal Management Program in the Hackensack Meadowlands as elsewhere i