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Politics & Government

NJ DEP Public Hearing on Beach Access Rule Changes

The New Jersey Department of Environmental Protection is proposing changes to the Coastal Permit Program rules, which regulate public access to beaches and tidal waters, and the Coastal Zone Management (CZM) rules. They are holding two public hearings on the matter.

The first is at the Liberty State Park Central Railroad Terminal Building's Blue Comet Auditorium, in Jersey City, on May 12 beginning at 11 a.m. The second will be held at the Townsend Residential Life Center Multi-Purpose Room on the campus of Richard Stockton College in Pomona, starting at 11 a.m. on May 17.

A copy of the proposal can be found at the department's website, at County libraries, or by contacting LexisNexis Customer Service at 800-223-1944 or www.lexisnexis.com/bookstore. There may be a fee for obtaining a copy of the proposal from some sources.

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The Public Notice, released by the DEP, follows and is taken directly from the department's website:

Notice of Rule Proposal:
Coastal Permit Program rules, N.J.A.C. 7:7, Coastal Zone Management rules, N.J.A.C. 7:7E

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PUBLIC NOTICE
Take notice that the NJ Department of Environmental Protection is proposing to restructure when and how it requires public access to tidal waters and their shorelines under the Coastal Permit Program rules, N.J.A.C. 7:7, and the Coastal Zone Management (CZM) rules, N.J.A.C. 7:7E. The changes are proposed in response to the ruling of the Appellate Division limiting the Department’s authority to require additional parking and restrooms from municipalities receiving State shore protection funding (see Borough of Avalon v. NJ Department of Environmental Protection, 403 N.J. Super. 590 (App. Div. 2008)), due to Legislative action (see Public Access and Marina Safety Task Force Act, N.J.S.A. 13:19-38 et seq.), and because the Department believes that public access to tidal waters can be provided in a more effective and comprehensive manner.  The proposed amendments to the CZM rules establish public access requirements for new development based upon the type of development, for example, residential versus marina development.  In addition, the scenic resources and design rule is proposed to be modified to exempt governmental agencies from the setback requirement where the proposed structures are greater than 15 feet in height where certain criteria are satisfied.  The proposal also modifies the coastal general permit for beach and dune maintenance activities to only apply to municipalities that have a Department-approved municipal access plan.  Amendments to the coastal general permit for tourism structures located on beaches are also being proposed to allow certain structures to remain year-round, except when severe weather is predicted.

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