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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 28 – Dredging of Material from a Waterway at a Residential or Commercial Development Deposited as a Result of the Failure of a Bulkhead as a Consequence of a Storm Event for which the Governor Declared a State of Emergency

General Permit 28 authorizes the dredging of material from a waterway at a residential or commercial lot that was deposited as a result of the failure of a legally existing bulkhead that was damaged as a result of a storm event for which the Governor declared a State of Emergency, provided:

  • The volume of sand to be dredged is limited to that which resulted from the bulkhead failure;
  • The area to be dredged is limited to that where the material was deposited as a result of the bulkhead failure;
  • The dredged material is placed on an upland portion of the lot, dewatered as necessary within a temporary dewatering area, and capped with a 6” layer of clean fill and stabilized;
  • A 25’ buffer is provided from any wetlands to the nearest edge of the area to be dredged; and
  • Any debris contained within the dredged material is removed and disposed of properly.

Please be advised:

  • An application under this General Permit shall be received by the Department no later than 24 months after the date the Governor declared a State of Emergency.
  • An authorization of dredging issued under this General Permit shall not be considered in determining whether a future dredging activity constitutes maintenance dredging as defined at N.J.A.C. 7:7-12.6 at the same site.

Full details are provided at N.J.A.C.7:7-6.28

If your project does not meet the requirements of the General Permit 28, 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