N.J. Admin. Code § 7:7-9.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:7-9.1 - Purpose and scope

(a) Special areas are areas that are so naturally valuable, important for human use, hazardous, sensitive to impact, or particular in their planning requirements, as to merit focused attention and special management rules. This subchapter divides special areas into four categories:

1. Special water areas, N.J.A.C. 7:7-9.2 through 9.15, extend landward to the spring high water line or the level of normal flow in non-tidal waters;

2. Special water's edge areas, N.J.A.C. 7:7-9.16 through 9.30, are divided into three subcategories depending on their location. Special water's edge areas in (a)2i and ii below are found only next to tidal waters, while coastwide special water's edge areas are found adjacent to tidal as well as non-tidal waters;

i. Oceanfront, and Raritan and Delaware Bayfronts, N.J.A.C. 7:7-9.16 through 9.19;

ii. Barrier and bay islands, N.J.A.C. 7:7-9.20 and 9.21; and

iii. Coastwide special water's edge areas, N.J.A.C. 7:7-9.22 through 9.30;

3. Special land areas, N.J.A.C. 7:7-9.31 through 9.33, generally are landward of the special water's edge areas; and

4. Coastwide special areas, N.J.A.C. 7:7-9.34 through 9.47, may include special water areas, special water's edge areas, or special land areas.

(b) All land or water areas, except certain special water's edge areas, are subject to either the general land area rules at N.J.A.C. 7:7-13 or the general water area rules at N.J.A.C. 7:7-12. In addition, certain land or water areas are subject to one or more special area rules. All special water's edge areas are subject to one or more special area rules. In some cases, a portion of a site is subject to both general area rules and special area rules. Where the applicable general area rules and special area rules conflict, the special area rules shall govern.

N.J. Admin. Code § 7:7-9.1

Renumbered from 7:7E-3.1 by 47 N.J.R. 1392(a), effective 7/6/2015