N.J. Admin. Code § 7:7-6.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7-6.10 - General permit 10 - reconstruction of a legally existing functioning bulkhead

(a) This permit authorizes the reconstruction of a legally existing functioning bulkhead provided:

1. For project sites which are located on a lagoon lot, the reconstruction of a legally existing bulkhead is located in-place or upland of the existing bulkhead;

2. For project sites which are not located on a lagoon lot:

i. The reconstruction of a legally existing bulkhead is located in-place or upland of the existing bulkhead; or

ii. The reconstruction of a legally existing bulkhead is:

(1) Located within 18 inches outshore of the existing bulkhead (measured from the waterward face of the original bulkhead alignment of the existing bulkhead to the waterward face of the proposed bulkhead) when a timber bulkhead is used; or

(2) Located up to a maximum of 24 inches outshore of the existing bulkhead (measured from the waterward face of the original bulkhead alignment of the existing bulkhead to the waterward face of the proposed bulkhead) when a vinyl bulkhead is used, provided the vinyl bulkhead abuts the pilings of the existing bulkhead; and

3. For all project sites, reconstruction of certain bulkhead structures in place located below the mean high water line may be exempt from the Waterfront Development Law pursuant to 7:7-2.4(d)7.

(b) The reconstruction of a legally existing bulkhead as described in (a) above is acceptable provided that:

1. The replacement bulkhead is located upland of any wetlands;

2. Public access shall be provided in accordance with the lands and waters subject to public trust rights rule, 7:7-9.48, and the public access rule, 7:7-16.9.

3. The construction of bulkheads subject to wave run up forces (V zones) shall be designed and certified by a professional engineer to withstand the forces of wave runup;

4. The placement of rip-rap along the seaward toe of the replacement bulkhead structure may qualify for this coastal general permit if the Department determines that such rip rap is required to limit scour potential and the areas and volume of rip rap are minimized;

5. The structure will not create net adverse shoreline movement downdrift, including erosion or shoaling;

6. The construction shall have no adverse impact to any special areas defined at N.J.A.C. 7:7-9; and

7. Clean fill from an upland source or the dredged material removed as part of the bulkhead installation, provided such dredged material meets the criteria for structural or non-structural fill material and is managed in accordance with Appendix G, shall be used for backfill.

N.J. Admin. Code § 7:7-6.10

Renumbered from 7:7-7.14 by 47 N.J.R. 1392(a), effective 7/6/2015