DEP’s proposed amendment of its regulations governing CAFRA, Waterfront Development and Coastal Wetland approvals creating a single regulatory chapter now called the Coastal Zone Management Rules took effect on July 6, 2015. The rule amendment consolidates the procedural aspects of the former Coastal Permit Program Rules and substantive provisions of the former Coastal Zone Management Rules. While more comprehensive substantive changes to the rules were sought by interest groups such as the New Jersey Builders Association (NJBA) among others, various noteworthy substantive changes were made. The Department increased the number of single family homes or duplex structures that may be approved by a General Permit authorization from one to two. A new category of General Permit-by-Certification was created for certain limited categories of minimal impact activities. The Department adopted some favorable beneficial amendments in the context of waterfront development, including amendments that will facilitate marina development. Regulatory changes were implemented in the context of mitigation requirements for CAFRA and Waterfront Development Permit approvals.

Land owners and developers should analyze the rule changes with their consulting professionals to assess potential negative impacts or to take advantage of beneficial changes. Those with applications pending should seek confirmation from DEP whether their applications will be processed under the current amended rules, or alternatively, under the rules in effect when the application was submitted.