NewJersey Department of Environmental Protection
P. O. Box 402, Trenton, NewJersey 08625-0402
www.state.nj.us/dep
Bob Martin, Commissioner
IMMEDIATE RELEASE
April 17, 2013
Contact: Lawrence Hajna
(609) 984-1795
Lawrence Ragonese (609) 292-2994
Bob Considine
(609) 984-1795
CHRISTIE ADMINISTRATION TAKES EMERGENCY ACTION TO EXPEDITE RECOVERY AND
REBUILDING PROJECTS FOR SANDY AFFECTED NEW JERSEYANS
Emergency Rule Revisions Cut Red Tape and Streamline State Permits for Vital Rebuilding
Projects
(13/P37) TRENTON – As part of its ongoing commitment to helping New Jersey’s communities recover
and rebuild from the devastation caused by Superstorm Sandy, the Christie Administration today took
action to streamline state permits for various types of vital rebuilding projects, a move that will aid
reconstruction of impacted homes and businesses, assist the recovery of marinas and shellfish
industries, help make coastal areas more resilient in future storms, and expedite dredging of stormimpacted private lagoons and marinas.
Through emergency rules filed today with the Office of Administrative Law, the Department of
Environmental Protection (DEP) is eliminating unnecessary red tape by enabling various types of
projects to proceed under less cumbersome permit procedures, including permits by rule and general
permits. At the same time, the processes put in place will not compromise protection of coastal
resources and will help ensure the rebuilding of a more resilient New Jersey coastline.
“Rebuilding from Superstorm Sandy is one of the greatest challenges New Jersey has ever faced,” DEP
Commissioner Bob Martin said. “The Christie Administration is committed to taking every step possible
to help our communities become stronger than ever from this historic storm, including eliminating
unnecessary red tape that would needlessly impede the important work ahead. These common sense
changes will make it easier for our residents and businesses to continue on the road to recovery while
ensuring continued protection of natural resources.”
These important changes will help property owners, businesses and municipalities rebuild more
efficiently by eliminating or reducing time needed for DEP reviews. It will also save them fees and costs
associated with more complex permit requirements.
The activities regulated by the simplified permit process are for reconstruction activities that are
occurring largely on the same footprint or involve minimal additional environmental impacts. In many
cases, this rule proposal will provide significant environmental benefits and better prepare coastal
communities for future storms. For example, in advance of the impending 2013 Atlantic hurricane
season, the rule proposal allows for use of permits by rule for necessary beach and dune maintenance.
Permits by rule recognize that the projects being undertaken are minor in scope and have no
environmental impact.
Immediately after the storm, the Christie Administration took swift action to ease red tape for local
governments that needed to make emergency repairs to public infrastructure such as roads, bridges,
bulkheads and culverts. The Administration more recently adopted a permit by rule process for property
owners who rebuild to new statewide elevation standards in flood hazard zones.
Now the Administration is taking decisive action to help businesses and residents more easily get
through the DEP’s regulatory process for a variety of other projects through amendments to Coastal
Area Facility Review Act (CAFRA) and Waterfront Development Act rules. DEP’s environmental standards
will remain in place and will be enforced.
Specifically, the emergency rules enhance coastal protection by:
Allowing maintenance of engineered beaches and dunes to federal project design levels through
municipal dune and beach maintenance permits.
Changing the current individual permit requirement to a general permit for projects that create
living shorelines. Living shorelines utilize strategic placement of native vegetation, sand, organic
materials, and/or bivalves such as oysters, clams and mussels to reinforce shorelines and
prevent flooding naturally.
Establishing a permit by rule for placement of sand fencing to help create and stabilize dunes
and to remove sand from underneath boardwalks.
The emergency amendments will expedite the rebuilding of residential and commercial structures by:
Providing for a permit by rule for reconstruction of damaged residential or commercial
structures in Waterfront Development areas that are outside the CAFRA zone, primarily Raritan
Bay and the Newark-New York Harbor complex. Such rebuilding is already exempt in the state’s
CAFRA zone, which hugs the coastline from Sandy Hook south to Cape May Point and north
again along the Delaware Bay to Salem County.
To help property owners make their buildings safer when feasible, the rule changes the current
individual permit requirement to a permit by rule for lateral or landward relocation of the
existing footprint of a structure. Expansion must be no more than 400 square feet.
Eliminating the need for a permit to elevate a bulkhead, dock or pier as part of repair,
replacement or reconstruction, as long as this is done in the existing footprint and not over
wetlands. This will provide more resilience in future storms.
The rules also provide flexibility to allow marinas and other small businesses to enhance their operations
without coming to DEP by:
Changing current Individual permits to permits by rule to allow marinas to reconfigure docks,
wharfs, and piers within their existing leased areas.
Allowing a permit by rule for construction or installation of boat pump-out facilities.
Changing current individual permit requirement to a general permit for construction of support
facilities.
The emergency rules also contain provisions to aid the recovery of the shellfish/aquaculture industry by:
Allowing for a permit by rule for placement of certain land-based structures instead of an
individual permit.
Allowing for a permit by rule for placement of predator screens, shellfish cages and other minor
activities.
Establishing a general permit for various commercial aquaculture activities, such as placement
of shell.
Finally, the rules expedite dredging after a storm event for which the Governor has declared a State of
Emergency, by:
Allowing general permits instead of individual permits for dredging of man-made lagoons
impacted by storm events.
Replacing individual permits with general permits for removal of sand and gravel deposited in
the water as a result of bulkheads damaged by storms.
Allowing general permits instead of individual permits to dredge marinas of materials deposited
from storm events.
Eliminating the requirement for a CAFRA permit for rehabilitation and use of existing dredged
material management areas within the same footprint.
The emergency rule will be effective for 60 days. The emergency rule contains a concurrent rule
proposal which will be open for public comment for 30 days. A public hearing on the final rule will be
held May 22 from 5:30 p.m. to 10 p.m. at the Long Branch Municipal Building, 344 Broadway, Long
Branch, NJ 07740.
Following the comment period, the DEP will respond to public comments with the goal of adopting the
final rule at the expiration of the emergency rule.
For a copy of the emergency rule,
including details on how to provide comments, please visit:
http://www.nj.gov/dep/rules/notices/20130416a.html
For information on statewide elevation standards, visit:
http://www.nj.gov/dep/newsrel/2013/13_0026.htm
A copy of the DEP’s statement of imminent peril can be obtained through the press office.
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