Subchapter 9 of the Coastal Zone Management rules at N.J.A.C. 7:7 outlines “special areas” found in the coastal zone that are regulated by the Department. Special areas are areas that are either so naturally valuable, important for human use, hazardous, sensitive to impact, or particular in their planning requirements, as to merit focused attention and special management rules.
A site may contain a variety of regulated special areas or none at all. If a site contains a special area, an applicant must demonstrate that the proposed development meets the requirements for construction within that special area. In certain circumstances, development immediately adjacent to an off-site special area may require a demonstration of compliance with that special area rule. More information on how to determine if a special area exists on a site is provided below. Please be advised, this information is intended as a general guideline only.
7:7-9.2 Shellfish habitat
Shellfish habitat is defined as an estuarine bay or river bottom which currently supports or has a history of production for hard clams (Mercenaria mercenaria), soft clams (Mya arenaria), eastern oysters (Crassostrea virginica), bay scallops (Argopecten irradians), or blue mussels (Mytilus edulis).
In order to be considered regulated shellfish habitat, a site must meet two parameters: habitat quality and water quality.
A shellfish habitat area is defined as an area which meets one or more of the following criteria:
- The area has a current shellfish density equal to or greater than 0.20 shellfish per square foot;
- The area has a history of natural shellfish production or is depicted as having high or moderate commercial value in the Distribution of Shellfish Resources in Relation to the New Jersey Intracoastal Waterway (U.S. Department of the Interior, 1963), "Inventory of New Jersey's Estuarine Shellfish Resources" (Division of Fish, Game and Wildlife, Bureau of Shellfisheries, 1983-present); and/or the "Inventory of Delaware Bays Estuarine Shellfish Resources" (Division of Fish, Game and Wildlife, Bureau of Shellfisheries, 1993);
- The area is designated by the State as a shellfish culture area; or
- The area is designated as productive at N.J.A.C. 7:25-24, Leasing of Atlantic and Delaware Bay bottom for Aquaculture.
Copies of the aforementioned maps may be viewed at the Division of Land Use Regulation office in Trenton by filling out an Open Public Records Act (OPRA) request form.
The water quality parameter concerns whether or not shellfish from the area in question are harvestable, meaning they are safe for human consumption. Harvestable areas include those with a water quality classification of “approved”, “seasonal” or “special restricted.” If an area is classified as “prohibited,” the shellfish are considered unsafe for human consumption. In these instances, the Department will not regulate the proposed development pursuant to the shellfish habitat rule.
Please be advised, the U.S. Army Corps of Engineers (USACE) regulates shellfish habitat differently from Department’s Division of Land Use Regulation (Division). The USACE only considers habitat mapping and does not consider the water quality classification. Therefore, if a proposed development is within a “prohibited” area and you are requesting that the Division review your project under an USACE general permit, your project will have to adhere to both Division and USACE rule standards. If you choose to adhere only to the Department’s standards, you must apply for and receive an USACE permit independently and prior to any construction.
Yearly water quality designations are provided by the Department’s Bureau of Marine Water Monitoring on their “Shellfish Growing Water Classification Charts”.
7:7-9.3 Surf clam areas
Surf clam areas are coastal waters which can be demonstrated to support significant commercially harvestable quantities of surf clams (Spisula solidissima), or areas important for recruitment of surf clam stocks. This includes areas where fishing is prohibited for research sanctuary or conservation purposes by N.J.A.C. 7:25-12.1(d)4. Surf clams are a marine fish and are therefore also subject to the marine fish and fisheries rule, N.J.A.C. 7:7-16.2.
The surf clam areas rule must be addressed for projects with proposed regulated activities within the coastal waters of the Atlantic Ocean (for example sand mining for beach nourishment projects).
7:7-9.4 Prime fishing areas
Prime fishing areas include tidal water areas and water's edge areas which have a demonstrable
history of supporting a significant local intensity of recreational or commercial fishing activity. More specifically, these areas include:
- coastal jetties, groins, public fishing piers or docks, artificial reefs;
- rock outcroppings, sand ridges or lumps, rough bottoms;
- aggregates such as cobblestones, coral, shell and tubeworms;
- slough areas and offshore canyons;
- areas identified in "New Jersey's Recreational and Commercial Fishing Grounds of Raritan Bay, Sandy Hook Bay and Delaware Bay and The Shellfish Resources of Raritan Bay and Sandy Hook Bay" Figley and McCloy (1988); and
- areas identified on the map titled, "New Jersey's Specific Sport Ocean Fishing Grounds".
In most cases, this rule does not apply to construction associated with single-family homes.
7:7-9.5 Finfish migratory pathways
Finfish migratory pathways are waterways (rivers, streams, creeks, bays and inlets) which can
be determined to serve as passageways for diadromous fish to or from seasonal spawning areas, including juvenile anadromous fish which migrate in autumn and those listed by H.E. Zich (1977)
"New Jersey Anadromous Fish Inventory" NJDEP Miscellaneous Report No. 41, and including those
portions of the Hudson and Delaware Rivers within the coastal zone boundary.
This special area is generally regulated when associated with dredging, bridge, culvert, or dam construction. For more information, please contact the Department’s Division of Fish and Wildlife at 609-292-2965.
7:7-9.6 Submerged vegetation habitat
Submerged vegetation habitat special area consists of water areas supporting or documented as previously supporting rooted, submerged vascular plants such as widgeon grass (Ruppia maritima), sago pondweed (Potamogeton pectinatus), horned pondweed (Zannichellia palustris), and eelgrass (Zostera marina). In New Jersey, submerged vegetation is most prevalent in the shallow portions of the Navesink, Shrewsbury, Manasquan, and Metedeconk Rivers, and in Barnegat, Manahawkin, and Little Egg Harbor Bays. Other submerged vegetation species in lesser quantities include, but are not limited to, the following: water weed (Elodea nuttalli), Eriocaulon parkeri, Liaeopsis chinesis, Naja flexilis, Nuphar variegatum, Potamogeton crispus, Potamogeton epihydrus, Potamogeton perfoliatus, Potamogeton pusillus, Scirpus subterminalis, and Vallisneria americana.
Detailed maps of the distribution of the above species for New Jersey, and a method for delineation, are available from the Department in the New Jersey Submerged Aquatic Vegetation Distribution Atlas (Final Report), February, 1980, conducted by Earth Satellite Corporation and also on “Eelgrass Inventory” maps prepared by the Division of Fish and Wildlife, Bureau of Shellfisheries, 1983. If the Department is presented with clear and convincing evidence that a part of its mapped habitat lacks the physical characteristics necessary for supporting or continuing to support the documented submerged vegetation species, such a site would be excluded from the habitat definition.
Copies of maps may be viewed at the Division of Land Use Regulation office in Trenton by filling out an Open Public Records Act (OPRA) request form.
7:7-9.7 Navigation channels
Navigation channels are water areas with sufficient depths to provide safe navigation. Most navigation channels are marked by buoys or stakes. All major navigation routes can be found on National Oceanic and Atmospheric Administration (NOAA) National Ocean Service Charts.
Canals are navigation channels for boat traffic through land areas. Canals are created by cutting and dredging or other human construction technique. Canal construction can sometimes include the enlargement of existing natural surface water channels. The Cape May, Point Pleasant, and Delaware and Raritan Canals are the principal examples in the New Jersey coastal zone.
Inlets are natural channels through barrier islands which allow movement of fresh and salt water
between the ocean and the back bay system. Inlets naturally have delta fans of sediment seaward and
landward, deposited by the ebb and flow of the tide. The seaward limit of an inlet is defined as the seaward extent of the ebb delta fan. The landward limit is defined as the inland extent of the flood delta fan. If there is doubt about the extent of these fans, the applicant shall submit up-to-date bathymetric surveys and Department staff will determine the boundary on a case-by-case basis.
7:7-9.10 Marina moorings
A marina mooring area is an area providing (or proposed as providing) five or more recreational vessels with mooring, docking, boat maneuvering room and access to land and navigational channels. An example would be a “mooring field” associated with a yacht club.
Ports are water areas having, or lying immediately adjacent to, concentrations of shoreside marine terminals and transfer facilities for the movement of waterborne cargo (including fluids), as well as facilities for loading, unloading, and temporary storage. Examples of major ports in the New Jersey include (but are not limited to) Newark, Elizabeth, Bayonne, Jersey City, Weehawkin, Hoboken, Woodbridge, Perth Amboy, Camden, Gloucester City, Paulsboro, and Salem.
7:7-9.12 Submerged infrastructure routes
A submerged infrastructure route is the corridor in which a pipe or cable runs on or below a submerged land surface. This information can be found on National Oceanic and Atmospheric Administration (NOAA) National Ocean Service Charts at http://www.nauticalcharts.noaa.gov/.
7:7-9.13 Shipwreck and artificial reef habitats
The shipwreck and artificial reef habitats special area includes all permanently submerged or abandoned remains of vessels and other structures, including, but not limited to, artificial reefs, anchors, quarry rocks or lost cargo, which serve as a special marine habitat or are fragile historic and cultural resources. An artificial reef is a man-made imitation of a natural reef created by placing hard structures on the sea floor for the purpose of enhancing fish habitat and fish stock. In time, an artificial reef will attain many of the biological and ecological attributes of a natural reef. Artificial reefs do not include shore protection structures, pipelines and other structures not constructed for the sole purpose of fish habitat.
7:7-9.14 Wet borrow pits
Wet borrow pits are scattered, permanently flooded, artificially created lakes that result from coastal mineral surface mining. Wet borrow pits include, but are not limited to, flooded sand, gravel, and clay pits, and stone quarries. Where a wet borrow pit is also a wetland and/or wetlands buffer, the Wetlands rule, N.J.A.C. 7:7-9.27, and/or Wetlands buffers rule, N.J.A.C. 7:7-9.28, shall apply.
7:7-9.15 Intertidal and subtidal shallows
Intertidal and subtidal shallows means all permanently or temporarily submerged areas from
the spring high water line to a depth of four feet below mean low water. Spring high water and mean low water line delineations as well as visual observance aid in determining if intertidal subtidal shallows are present.
A dune is a wind or wave deposited or man-made formation of sand (mound or ridge), that lies generally parallel to, and landward of, the beach and the foot of the most inland dune slope. “Dune” includes the foredune, secondary or tertiary dune ridges and mounds, and all landward dune ridges and mounds, as well as man-made dunes.
7:7-9.17 Overwash areas
An overwash area is an area subject to accumulation of sediment, usually sand, that is deposited landward of the beach or dune by the rush of water over the crest of the beach berm, a dune, or a structure. An overwash area may, through stabilization and vegetation, become a dune.
7:7-9.18 Coastal high hazard areas
Coastal high hazard areas are flood prone areas subject to high velocity waters (V zones) as delineated on the Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency, and areas within 25 feet of oceanfront shore protection structures, which are subject to wave run-up and overtopping. The coastal high hazard area extends offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The inland limit of the V zone is defined as the V zone boundary line as designated on the FIRM or the inland limit of the primary frontal dune, whichever is most landward.
The FIRM maps can be viewed online or purchased by visiting the FEMA Map Service Center.
7:7-9.19 Erosion hazard areas
Erosion hazard areas are shoreline areas that are eroding or have a history of erosion, causing the shoreline to be highly susceptible to further erosion and storm damage. An erosion hazard area can be indentified by any one of the following characteristics:
- Lack of beaches;
- Lack of beaches at high tide;
- Narrow beaches;
- High beach mobility;
- Foreshore extended under boardwalk;
- Low dunes or no dunes;
- Escarped foredune;
- Steep beach slopes;
- Cliffed bluffs as adjacent to beach;
- Exposed, damaged or breached jetties, groins, bulkheads or seawalls;
- High long-term erosion rates; or
- Pronounced downdrift effects of groins (jetties).
7:7-9.20 Barrier island corridor
Barrier island corridors are the interior portions of oceanfront barrier islands, spits and peninsulas Along New Jersey’s coast. Headlands are located between Monmouth Beach, Monmouth County and Pt. Pleasant Beach, Ocean County. The oceanfront barrier island corridor encompasses that portion of barrier islands, spits and peninsulas (narrow land areas surrounded by both bay and ocean waters and connected to the mainland) that lies upland of wetlands, beach and dune systems, filled water's edges, and existing lagoon edges. Barrier island corridor does not include the headlands of northern Ocean County, Monmouth County, and the southern tip of Cape May County, which are part of the mainland.
7:7-9.21 Bay islands
Bay islands are islands or filled areas surrounded by tidal waters, wetlands, beaches, or dunes, lying between the mainland and barrier island. Such islands may be connected to the mainland or barrier island by elevated or fill supported roads. Existing lagoon edges (N.J.A.C. 7:7-9.24) are not bay islands. In cases where a bay island is also a Filled water’s edge (N.J.A.C. 7:7-9.23), the more restrictive provisions of the two rules shall apply.
For the purposes of this chapter, the areas listed below are not considered bay islands. The non-porous cover limits for these areas are determined under the special area rules at N.J.A.C. 7:7-9 where applicable, and/or under N.J.A.C. 7:7-13.
- Bader Field, Atlantic City
- Chelsea Heights, Atlantic City
- Venice Heights, Atlantic City
- Ventnor Heights, Ventnor City
CAPE MAY COUNTY
- Princeton Harbor, Avalon Borough
- Shawcrest/Hildreth Island, Lower and Middle Townships. The areas mapped as Shawcrest/Hildreth Island are identified in the Department’s Geographic Information System(GIS) coverage, titled “Shawcrest/Hildreth Island”
- West Wildwood, Wildwood City
- West 17th Street, Ocean City
- Bonnett Island, Stafford Township
- Chadwick Island, Dover Township
- Channel Island, Mantoloking Borough
- Osborne Island, Little Egg Harbor Township
- Pelican Island, Dover/Berkeley Townships
- West Point Island, Lavallette Borough
Beaches are gently sloping areas of sand or other unconsolidated material, found on all tidal shorelines, including ocean, bay, and river shorelines that extend landward from the mean high water line to either:
- A man-made feature generally parallel to the ocean, inlet, or bay waters such as a retaining structure, seawall, bulkhead, road or boardwalk, except the sandy areas that extend fully under and landward of an elevated boardwalk are considered beach areas; or
- The seaward or bayward foot of dunes, whichever is closest to the bay, inlet or ocean waters.
7:7-9.23 Filled water’s edge
Filled water's edge areas are existing filled water, wetland, or upland areas lying between wetlands or water areas, and either the upland limit of fill or the first paved public road or railroad landward of the adjacent water area, whichever is closer to the water.
Filled water’s edge areas shall be determined through analysis of historic data including United States Department of Agriculture soil surveys, Tidelands maps, or aerial photography. Some existing or former dredged material disposal sites and excavation fill areas are filled water's edge.
7:7-9.24 Existing lagoon edges
Existing lagoon edges are defined as existing man-made land areas resulting from the dredging and filling of wetlands, bay bottom and other estuarine water areas for the purpose of creating waterfront lots along lagoons for residential and commercial development. Existing lagoon edges extend upland to the limit of fill, or the first paved public road or railroad generally parallel to the water area, whichever is less.
7:7-9.25 Flood hazard areas
Flood hazard areas are areas subject to flooding from the flood hazard area design flood, as defined by the Department under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13. Flood hazard areas include those areas mapped as such by the Department, areas defined or delineated as an A or a V zone by the Federal Emergency Management Agency (FEMA),and any unmapped areas subject to flooding by the flood hazard area design flood. Flood hazard areas are subject to either tidal or fluvial flooding and the extent of flood hazard areas shall be determined or calculated in accordance with the procedures at N.J.A.C. 7:13-3.
7:7-9.26 Riparian zones
A riparian zone exists along every regulated water, except there is no riparian zone along the
Atlantic Ocean nor along any man-made lagoon, stormwater management basin, or oceanfront barrier island, spit or peninsula. Regulated waters are defined in the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2.
Wetlands or wetland is an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands areas are identified and mapped on the following:
- National Wetlands Inventory Maps produced by the U.S. Fish and Wildlife Service at a scale of 1:24,000 (generalized locations only);
- Coastal wetland maps, pursuant to the Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) prepared by the Department at a scale of 1:2,400. These maps are available from the Division of Land Use Regulation by e-mailing TidelandsMapServices@dep.state.nj.us
- Freshwater wetland maps prepared by DEP at a scale of 1:12,000 (generalized locations only) are available through the Department’s online mapping service, NJ-GeoWeb.
All tidal and inland wetlands, excluding the delineated coastal wetlands defined pursuant to the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq. and N.J.A.C. 7:7-2.3, shall be identified and delineated in accordance with the USEPA three-parameter approach (that is, hydrology, soils and vegetation) specified under N.J.A.C. 7:7A-1.4 of the Freshwater Wetlands Protection Act Rules.
7:7-9.28 Wetland buffers
Wetlands buffer or transition area means an area of land adjacent to a wetland which minimizes adverse impacts on the wetlands or serves as an integral component of the wetlands ecosystem. Wider buffers than those noted below may be required to establish conformance with N.J.A.C. 7:7, including, but not limited to, N.J.A.C. 7:7-9.36 Endangered or threatened wildlife or plant species habitats and N.J.A.C. 9.37 Critical wildlife habitats.
- A wetlands buffer or transition area of up to 150 feet in width shall be established adjacent to all wetlands defined and regulated under the Freshwater Wetlands Protection Act. (Refer to the Freshwater Wetland Protection Act Rules, N.J.A.C. 7:7A, for further guidance).
- For all other wetlands, including wetlands regulated under the Wetlands Act of 1970, a wetland buffer of up to 300 feet shall be established.
7:7-9.29 Coastal bluffs
A coastal bluff is a steep slope (greater than 15%) of consolidated (rock) or unconsolidated (sand, gravel) sediment which is adjacent to the shoreline or which is demonstrably associated with shoreline processes. The waterward limit of a coastal bluff is a point 25 feet waterward of the toe of the bluff face, or the mean high water line, whichever is nearest the toe of the bluff. The landward limit of a coastal bluff is the landward limit of the area likely to be eroded within 50 years, or a point 25 feet landward of the crest of the bluff, whichever is farthest inland. Steep slopes, as defined at N.J.A.C. 7:7-9.32, are isolated inland areas with slopes greater than 15%. All steep slopes associated with shoreline processes or adjacent to the shoreline and associated wetlands, or contributing sediment to the system, will be considered coastal bluffs.
7:7-9.30 Intermittent stream corridors
Intermittent stream corridors are areas including and surrounding surface water drainage channels in which there is not a permanent flow of water and which contain an area or areas with a seasonal high water table equal to or less than one foot. The inland extent of these corridors is either the inland limit of soils with a seasonal high water table depth equal to, or less than one foot, or a disturbance of 25 feet measured from the top of the channel banks, whichever is greater.
7:7-9.31 Farmland conservation areas
Farmland conservation areas are defined as any contiguous area of 20 acres or more (in single
or multiple tracts of single or multiple ownership) with soils in the Capability Classes I, II and III or
special soils for blueberries and cranberries as mapped by the United States Department of Agriculture, Soil Conservation Service, in National Cooperative Soil Surveys, which are actively farmed, or suitable for farming, unless it can be demonstrated by the applicant that new or continued use of the site for farming or farm dependent purposes is not economically feasible. Farming or farm-dependent purposes include nurseries, orchards, vegetable and fruit farming, raising grains and seed crops, silviculture (such as Christmas tree farming), floriculture (including greenhouses), dairying, grazing, livestock raising, and wholesale and retail marketing of crops, plants, animals and other related commodities.
7:7-9.32 Steep slopes
Steep slopes are land areas with slopes greater than 15%, which are not adjacent to the shoreline and therefore not coastal bluffs (N.J.A.C. 7:7-9.29). Steep slopes include natural swales and ravines, as well as man-made areas, such as those created through mining for sand, gravel, or fill, or road grading. Slopes of less than 15% are not considered to be steep slopes.
7:7-9.33 Dry borrow pits
Dry borrow pits are excavations for the purpose of extracting coastal minerals which have not
extended below the groundwater level. This includes, but is not limited to, dry sand, gravel and clay pits, and stone quarries
7:7-9.34 Historic and archaeological resources
Historic and archaeological resources include objects, structures, shipwrecks, buildings,
neighborhoods, districts, and man-made or man-modified features of the landscape and seascape,
including historic and prehistoric archaeological sites, which either are on or are eligible for inclusion on the New Jersey or National Register of Historic Places.
7:7-9.35 Specimen trees
Specimen trees are the largest known individual trees of each species in New Jersey. The
Department's Division of Parks and Forestry maintains a list of these trees (see "New Jersey's Biggest
Trees," published by the Department's Division of Parks and Forestry, Summer 1991 for a listing of
specimen trees). In addition, large trees approaching the diameter of the known largest tree shall be
considered specimen trees. Individual trees with a circumference equal to or greater than 85% of the circumference of the record tree, as measured 4.5 feet above the ground surface, for a particular species shall be considered a specimen tree.
7:7-9.36 Endangered or threatened wildlife or plant species habitat
Endangered or threatened wildlife or plant species habitats are terrestrial and aquatic (marine, estuarine, or freshwater) areas known to be inhabited on a seasonal or permanent basis by or to be critical at any stage in the life cycle of any wildlife or plant identified as “endangered” or “threatened” species on official Federal or State lists of endangered or threatened species, or under active consideration for State or Federal listing. The definition of endangered or threatened wildlife or plant species habitats includes a sufficient buffer area to ensure continued survival of the population of the species as well as areas that serve an essential role as corridors for movement of endangered or threatened wildlife. Absence of such a buffer area does not preclude an area from being endangered or threatened wildlife or plant species habitat.
7:7-9.37 Critical wildlife habitats
Critical wildlife habitats are specific areas known to serve an essential role in maintaining
wildlife, particularly in wintering, breeding, and migrating. Rookeries for colonial nesting birds, such as herons, egrets, ibis, terns, gulls, and skimmers; stopovers for migratory birds, such as the Cape May Point region; and natural corridors for wildlife movement merit a special management approach through designation as a Special Area. Ecotones, or edges between two types of habitats, are a particularly valuable critical wildlife habitat. Many critical wildlife habitats, such as salt marsh waterfowl wintering areas, and muskrat habitats, are singled out as water or water's edge areas.
Definitions and maps of critical wildlife habitats are currently available only for colonial waterbird habitat in the 1979 Aerial Colony Nesting Waterbird Survey for New Jersey (NJDEP, Division of Fish and Wildlife). Until additional maps are available, sites will be considered on a case-by-case basis by the Department’s Division of Fish and Wildlife.
7:7-9.38 Public open space
Public open space constitutes land areas owned or maintained by State, Federal, county agencies, municipal agencies or private groups (such as conservation organizations and homeowner's associations) and used for or dedicated to conservation of natural resources, public recreation, visual or physical public access or, wildlife protection or management. Public open space also includes, but is
not limited to, State Forests, State Parks, and State Fish and Wildlife Management Areas, lands held
by the New Jersey Natural Lands Trust (N.J.S.A. 13:1B-15.119 et seq.), lands held by the New Jersey
Water Supply Authority (N.J.S.A. 58:1B-1 et seq.) and designated Natural Areas (N.J.S.A.
13:1B-15.12a et seq.) within Department owned and managed lands.
7:7-9.39 Special hazard areas
Special hazard areas include areas with a known actual or potential hazard to public health, safety, and welfare, or to public or private property, such as the navigable air space around airports and seaplane landing areas, potential evacuation zones, and areas where hazardous substances as defined at N.J.S.A. 58:10-23.11b[k] are used or disposed, including adjacent areas and areas of hazardous material contamination.
7:7-9.40 Excluded federal lands
Excluded Federal lands are those lands for which the use is, by law, subject solely to the discretion of or held in trust by the Federal Government, its officers or agents. These lands are excluded from the coastal zone as required by Section 304 of the Federal Coastal Zone Management Act. The list of excluded Federal lands is found in the New Jersey Coastal Management Program, Final Environmental Impact Statement, August 1980, page 370.
7:7-9.41 Special urban areas
Special urban areas are those municipalities defined in urban aid legislation (N.J.S.A. 52:27D-178) qualified to receive State aid to enable them to maintain and upgrade municipal services and offset local property taxes. Under N.J.S.A. 52:27D-178 et seq., the Department of Community Affairs (DCA) establishes a list of qualifying municipalities each fiscal year. This list may be obtained on request from the Department’s Division of Land Use Regulation by calling the Technical Support Unit at 609-777-0454.
7:7-9.42 Pinelands National Reserve and Pinelands Protection Area
The Pinelands National Reserve includes those lands and water areas defined in the National
Parks and Recreation Act of 1978, Section 502 (P.L. 95-625), an approximately 1,000,000 acre area
ranging from Monmouth County in the north, south to Cape May County and from Gloucester and
Camden County on the west to the barrier islands of Island Beach State Park and Brigantine Island
along the Atlantic Ocean on the east (see Appendix, Figure 10, incorporated herein by reference).
The "Pinelands Area" is a slightly smaller area within the Pinelands National Reserve. It was designated
for State regulation by the Pinelands Protection Act of 1979 (N.J.S.A. 13:18-1 et seq.). The Pinelands
Commission adopted a Comprehensive Management Plan in November, 1980. Within the Pinelands
Area, the law delineates a Preservation Area, where the plan shall "preserve an extensive and contiguous area of land in its natural state, thereby insuring the continuation of a Pinelands environment...." (Section 8c).
7:7-9.43 Hackensack Meadowlands District
The Hackensack Meadowlands District is a 19,485-acre area of water, coastal wetlands and
associated uplands within the boundaries described in the Hackensack Meadowlands Reclamation
and Development Act (N.J.S.A. 13:17-1 et seq.).
7:7-9.44 Wild and scenic river corridors
Wild and scenic river corridors are all rivers designated into the National Wild and Scenic
Rivers System and any rivers or segments thereof being studied for possible designation into that
system pursuant to the National Wild and Scenic Rivers Act (16 U.S.C. §§ 1271-1278). For rivers
designated into the national system, the wild and scenic river corridor shall include the river and
adjacent areas located within one-quarter mile from the mean high water line on each side of the river
until a Federal River Management Plan has been adopted, after which time the wild and scenic corridor
shall be the area defined in the adopted plan. For rivers under study for possible designation into
the national system, the wild and scenic river corridor shall include the river and adjacent areas extending one-quarter mile from the mean high water line on each side of the river.
7:7-9.45 Geodetic control reference marks
Geodetic control reference marks are traverse stations and benchmarks established or used by the New Jersey Geodetic Control Survey.
7:7-9.46 Hudson River Waterfront Area
The Hudson River Waterfront Area extends from the George Washington Bridge in Fort Lee, Bergen County to the Bayonne Bridge in Bayonne, Hudson County, inclusive of all land within the municipalities of Bayonne, Jersey City, Hoboken, Weekhawken, West New York, Guttenberg, North Bergen, Edgewater and Fort Lee subject to the Waterfront Development law.
7:7-9.47 Atlantic City
Atlantic City is those lands within the municipal boundary of the City of Atlantic City.
7:7-9.48 Lands and waters subject to public trust rights
Lands and waters subject to public trust rights are tidal waterways and their shores, including
both lands now or formerly below the mean high water line, and shores above the mean high water
line. Tidal waterways and their shores are subject to the Public Trust Doctrine and are held in trust by
the State for the benefit of all the people, allowing the public to fully enjoy these lands and waters for
a variety of public uses. Public trust rights include public access which is the ability of the public to
pass physically and visually to, from and along the ocean shore and other waterfronts subject to public
trust rights and to use these lands and waters for activities such as navigation, fishing and recreational activities including, but not limited to, swimming, sunbathing, surfing, sport diving, bird watching, walking, and boating. Public trust rights also include the right to perpendicular and linear access.
7:7-9.49 Dredged material management areas
A dredged material management area is an area documented through historical data, including, but not limited to, aerial photography, historic surveys, and/or previously issued permits, as having been previously used for the placement of sediment associated with the dredging of State and/or Federal navigation channels and marinas.