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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 4 – Development of One or Two Single-Family Homes or Duplexes

General Permit 4 authorizes the development of one or two single-family homes or duplexes and/or accessory developments (such as garages, sheds, pools, driveways, grading, filling, and clearing, excluding shore protection structures) provided:

  • The one or two single-family homes or duplexes are located landward of the mean high water line;
  • The one or two single-family homes or duplexes are not located on a bulkheaded lagoon lot; 
  • The development does not result in the development of more than two single-family homes or duplexes either solely or in conjunction with a previous development as defined at N.J.A.C. 7:7-2.2(b)8; and
  • The development is in compliance with N.J.A.C. 7:7-9.22 Beaches, N.J.A.C. 7:7-9.25  Flood hazard areas, N.J.A.C. 7:7-9.26  Riparian zones, N.J.A.C. 7:7-9.27  Wetlands, N.J.A.C. 7:7-9.28 Wetland buffers, and N.J.A.C. 7:7-9.36  Endangered or threatened wildlife or vegetation species habitats.

Please be advised: 

  • Filled water's edge sites that have included a water dependent use at any time since July of 1977, shall comply with N.J.A.C. 7:7-9.23(e) of the Filled water’s edge rule. 
  • Special provisions apply if dunes are present on the site per N.J.A.C. 7:7-6.4(e).
  • Special provisions apply if coastal bluffs are present on the site per N.J.A.C. 7:7-6.4(f).
  • Special provisions apply if the site is in a Coastal high hazard area or Erosion hazard area, per N.J.A.C. 7:7-6.4(g).
  • Public access must be provided in accordance with the 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.
  • The use of plastic under landscape or gravel areas is prohibited.
  • Driveways must be permeable or pitched to direct runoff onto permeable areas of the site.
  • On a wooded site, clearing is only allowed within 20’ from the residence and the area necessary for driveway, septic and utility line installations.
  • Silt fences are required for projects adjacent to surface water bodies during construction until landscaping is completed.
  • A 10’, 15’, or 25’ setback will be required depending on the site location and adjacent sensitive areas per N.J.A.C. 7:7-6.4(m).
  • The General Permit 4 does not authorize any activities regulated under the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq.

Full details are provided at N.J.A.C.7:7-6.4.

If your project does not meet the requirements of the General Permit 4, 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