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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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GENERAL PERMIT 3 - Voluntary Reconstruction of Certain Residential or Commercial Development

General Permit 3 authorizes the voluntary reconstruction of a non-damaged legally constructed, currently habitable residential or commercial development landward of the existing footprint of development, provided:  

  • The construction complies with existing municipal, State and Federal requirements or codes;
  • The construction does not enlarge the footprint of development;
  • For residential reconstruction, there is no increase in the number of dwelling units;
  • For commercial development, there is no increase in parking spaces or equivalent parking area and the development is consistent with the adopted Water Quality Management Plan;
  • There is no increased impact to special areas as defined at N.J.A.C. 7:7-9;
  • There is no increase in areas covered by buildings, asphalt or concrete pavements;
  • The reconstruction meets the requirements at N.J.A.C. 7:7-9.25 and N.J.A.C. 7:7-9.26; and
  • Public access is provided in accordance with the lands and waters subject to Public trust rights rule, N.J.A.C. 7:7-9.48, and the Public access rule, N.J.A.C. 7:7-16.9.

Full details are provided at N.J.A.C.7:7-6.3.

If your project does not meet the requirements of the General Permit 3, it may qualify for another General Permit, Permit-by-rule, 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