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Division of Land Use Regulation
State of New Jersey Department of Environmental Protection

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Permit-by-rule (PBR) 5 - construction of portion of a recreational dock or pier located landward of mean high water line

The PBR 5 authorizes the construction of the portion of a recreational dock or pier located landward of the mean high water line at a residential development, provided that a waterfront development permit has been obtained for the construction waterward of the mean high water line provided the structure meets the following requirements:

  • The width of the structure landward of the mean high water line shall not exceed the width of the structure waterward of the mean high water line; and
  • Over wetlands, the width of the structure shall not exceed 6’ and the height of the structure shall be a minimum of 4’.

Please be advised:

  • The waterfront development permit for the construction waterward of the mean high water line may include additional conditions on the upland construction to ensure compliance with this chapter.
  • For example, the waterfront development permit may have a condition requiring the dock to cross the wetlands at the narrowest point on the property or to allow continued access along the shoreline.

Full details are provided at N.J.A.C.7:7-4.5.

If your project does not meet the requirements of the PBR 5, it may qualify for a General Permit or an Individual Permit.  Additional information on these permit types can be found on the Coastal Permitting page.

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