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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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Permit-by-rule (PBR) 2 - development of a single-family home or duplex and/or accessory development on a bulkheaded lagoon lot

The PBR 2 authorizes the development (including expansion or reconstruction and expansion) of a single-family home or duplex and/or accessory development (such as garages, sheds, pools driveways, grading, excavation and clearing excluding shore protection structures) provided the single family home or duplex and accessory development are located on a bulkheaded lagoon lot and provided the proposed single-family home or duplex and/or accessory structures comply with all of the following:

  • Development under this PBR shall not result in development of more than one single-family home or duplex either solely or in conjunction with a previous development as
    defined at N.J.A.C. 7:7-2.2(b)8;
  • The site is located on a man-made lagoon lot, with an existing bulkhead along the entire waterfront portion of the site;
  • All waterfront portions of the site are protected by a currently serviceable bulkhead;
  • There are no wetlands on the site landward of the bulkhead;
  • The proposed single family home or duplex and accessory structures, excluding decks, are set back a minimum of 15’ from the waterward face of the bulkhead.
  • A silt fence is erected landward of the bulkhead with a 10’ landward return on each end prior to construction;
  • If the development includes the construction of a driveway, any newly constructed portion of the driveway shall be covered with a permeable material or else be pitched to drain all runoff onto permeable areas of the site;
  • The development shall meet the requirements of N.J.A.C. 7:7-9.25 (Flood hazard areas);
  • The single-family home or duplex shall be serviced by an existing municipal sewer system; and
  • All sub-gravel liners must be made of filter cloth or other permeable material.

Full details are provided at N.J.A.C.7:7-4.2.

If your project does not meet the requirements of the PBR 2, 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: January 16, 2018