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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) 5 - construction of portion of a recreational dock or pier located landward of mean high water line

The PBR 5 authorizes the construction of the portion of a recreational dock or pier located landward of the mean high water line at a residential development, provided that a waterfront development permit has been obtained for the construction waterward of the mean high water line provided the structure meets the following requirements:

  • The width of the structure landward of the mean high water line shall not exceed the width of the structure waterward of the mean high water line; and
  • Over wetlands, the width of the structure shall not exceed 6’ and the height of the structure shall be a minimum of 4’.

Please be advised:

  • The waterfront development permit for the construction waterward of the mean high water line may include additional conditions on the upland construction to ensure compliance with this chapter.
  • For example, the waterfront development permit may have a condition requiring the dock to cross the wetlands at the narrowest point on the property or to allow continued access along the shoreline.

Full details are provided at N.J.A.C.7:7-4.5.

If your project does not meet the requirements of the PBR 5, 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