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

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NOTE: All webpages and forms listed on this website are being amended in accordance with the December 18, 2017 rule changes. We will be updating these pages as soon as possible. While these updates are in progress, our web pages may contain inaccuracies. Please refer to the appropriate rule for the most accurate and updated regulations for your activity of concern.


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Permit-by-rule (PBR) 6 - reconstruction of a residential or commercial development within the same footprint

Other than reconstruction within the CAFRA area that meets the exemption from a CAFRA permit at N.J.A.C. 7:7-2.2(c)3, the PBR 6 authorizes the reconstruction, within the same footprint, of a legally constructed residential or commercial development that has been or could have been legally occupied in the most recent 5-year period, provided that such reconstruction:

  • Is in compliance with existing requirements or codes of municipal, State, and Federal law;
  • Does not result in the enlargement or relocation of the footprint of the development;
  • In the case of a residential development, does not result in an increase in the number of dwelling units;
  • In the case of a commercial development, does not result in an increase in the number of parking spaces or equivalent paved area associated with the development;
  • Meets the requirements of N.J.A.C. 7:7-9.25 (Flood hazard areas); and
  • Does not increase the area covered by buildings and/or asphalt or concrete pavement.

Please be advised:

  • The PBR 6 does not apply to repairs or maintenance of the residential or commercial development, such as replacing siding, windows or roofs.

Full details are provided at N.J.A.C.7:7-4.6.

If your project does not meet the requirements of the PBR 6, 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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Last Updated: January 16, 2018