N.J. Admin. Code § 7:7-9.22

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7-9.22 - Beaches

(a) Beaches are gently sloping areas of sand or other unconsolidated material, found on all tidal shorelines, including ocean, bay, and river shorelines, that extend landward from the mean high water line to either:

1. A man-made feature generally parallel to the ocean, inlet, or bay waters such as a retaining structure, seawall, bulkhead, road or boardwalk, except the sandy areas that extend fully under and landward of an elevated boardwalk are considered beach areas; or

2. The seaward or bayward foot of dunes, whichever is closest to the bay, inlet or ocean waters.

(b) Development is prohibited on beaches, except for development that has no prudent or feasible alternative in an area other than a beach, and that will not cause significant adverse long-term impacts to the natural functioning of the beach and dune system, either individually or in combination with other existing or proposed structures, land disturbances, or activities. Examples of acceptable activities are:

1. Demolition and removal of paving and structures;

2. Dune creation and related sand fencing and planting of vegetation for dune stabilization, in accordance with N.J.A.C. 7:7-10;

3. The reconstruction of existing amusement and fishing piers and boardwalks;

4. Temporary recreation structures for public safety such as first aid and lifeguard stations;

5. Shore protection structures which meet the use conditions of 7:7-15.11(g);

6. Linear development which meets the rule on location of linear development, 7:7-14.1;

7. Beach maintenance activities which do not adversely affect the natural functioning of the beach and dune system, and which do not preclude the development of a stable dune along the back beach area. These activities, which include routine cleaning, debris removal, mechanical sifting, maintenance of access ways, and Department approved dune creation and maintenance activities, must be carried out in accordance with the standards found at N.J.A.C. 7:7-10;

8. Post-storm beach restoration activities involving the placement of clean fill material on beaches, and the mechanical redistribution of sand along the beach profile from the lower to the upper beach. These post-storm activities, which are different than routine beach maintenance activities, must be carried out in accordance with the standards found at N.J.A.C. 7:7-10;

9. The following development in Atlantic City provided it meets the standards of 7:7-9.47:

i. Development on or over existing ocean piers;

ii. Pilings necessary to support development proposed on or over existing ocean piers; and

iii. Development on or over the Boardwalk; and

10. The maintenance of an engineered beach to the beach berm design template through the transfer of sand from the upper beach berm to the lower beach berm, from the lower beach berm to the upper beach berm, and/or alongshore provided:

i. It is demonstrated through pre- and post-construction surveys overlaid on the beach berm design template, that:

(1) The existing beach berm is not consistent with the beach berm design template; and

(2) The proposed transfer of sand will not result in the grading of any portion of the beach below the beach berm design template;

ii. A New Jersey licensed professional engineer certifies that sand transfer will not compromise the beach system;

iii. The sand transfer:

(1) Is conducted in accordance with the State Aid Agreement between the Department and a municipality or county; and

(2) Complies with the management plan for the protection of State and Federally listed threatened and endangered species, as approved by the Department's Division of Fish and Wildlife and the USFWS;

iv. The sand transfer does not impact any existing dunes, unless the transfer complies with the dune rule, 7:7-9.16; and

v. Any sand transferred as part of the maintenance of the beach berm design template shall be moved only within the shore protection project and shall be placed within the existing engineered dune in accordance with 7:7-9.16(d).

(c) Public access shall be provided in accordance with the lands and waters subject to public trust rule, 7:7-9.48, and the public access rule, 7:7-16.9.

(d) Rationale: 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 wave action and offshore currents. Public health and safety considerations require that structures be excluded from beaches to prevent or minimize loss of life or property from storms and floods, except for some shore protection structures and linear facilities, such as pipelines, when non-beach locations are not prudent or feasible.

Many of New Jersey's beaches, especially those along the Atlantic Ocean, have been nourished through the State's Shore Protection Program. These engineered beaches are designed to a specific height, width, slope, and length, in accordance with a beach berm design template. Engineered beaches are subject to erosive forces of waves, winds, and tidal currents; in many instances, eroded material is moved and deposited in areas within the project area in such a way that the beach grows beyond the design template and thus the beach no longer conforms to the shore protection project design. For engineered beaches to provide the storm damage reduction and shore protection for which they were designed, the beach berm design template must be maintained throughout the entire project area. Municipalities are encouraged to maintain the project design to the maximum extent feasible between project renourishment cycles. However, maintenance of the engineered beach must not reduce any portion of the beach to less than the beach berm design template.

N.J. Admin. Code § 7:7-9.22

Renumbered from 7:7E-3.22 by 47 N.J.R. 1392(a), effective 7/6/2015