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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) 22 - construction of a swimming pool, spa, or hot tub
and associated decking on a bulkheaded lot without wetlands

The PBR 22 authorizes the construction of a swimming pool, spa, or hot tub and associated decking (for example, wood or recycled plastic planking, concrete, or paver blocks) on a lot with a legally existing, functioning bulkhead along the entire waterfront portion of the site and no wetlands landward of the bulkhead, provided:

  • No excavation, grading, or filling of a beach or dune is conducted;
  • The swimming pool, spa, or hot tub is set back a minimum of 15'; from the waterward face of the bulkhead;
  • The footprint of the area covered by the current construction in combination with any existing swimming pool, spa, and/or hot tub, constructed under this PBR after July 6, 2015 at a residential development does not exceed a cumulative total of 750 sq. ft. on the lot.
    • For example, a 600 sq. ft. in-ground swimming pool could be constructed on a lot under this PBR and at a later time an additional 150 sq. ft. spa or hot tub could be constructed on the lot under this PBR, because the cumulative footprint of the development for both structures would not exceed 750 sq. ft. However, the construction of a 200 sq. ft. spa or hot tub would not be authorized on a lot under this PBR where a 600 sq. ft. in-ground swimming pool had already been constructed pursuant to this PBR, because the cumulative total footprint of development for both structures would exceed 750 sq. ft.
  • The footprint of the area covered by the current construction in combination with any existing swimming pool, spa, and/or hot tub, including associated decking, constructed under this PBR after July 6, 2015 at a development other than a residential development does not exceed a cumulative total of 750 sq. ft. on the lot.
    • For example, a 600 sq. ft. in-ground swimming pool and associated decking could be constructed on a lot under this PBR rule and at a later time an additional 150 sq. ft. spa or hot tub could be constructed on the lot under this PBR, because the cumulative footprint of the development for both structures would not exceed 750 sq. ft. However, the construction of a 200 sq. ft. spa or hot tub would not be authorized on a lot under this PBR where a 600 sq. ft. in-ground swimming pool and associated decking had already been constructed pursuant to this PBR, because the cumulative total footprint of development for both structures would exceed 750 sq. ft.; and
  • The backwash system of the swimming pool, spa, or hot tub does not discharge to the adjacent water body.

Please be advised:

  • Prior to construction, a silt fence is erected landward of the bulkhead with a 10’ landward return on each end.
  • The silt fence shall be maintained and remain in place until all construction and landscaping activities are completed.
  • All subgravel liners are made of filter cloth or other permeable material.

Full details are provided at N.J.A.C.7:7-4.22.

If your project does not meet the requirements of the PBR 1, 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: August 16, 2017