Bill Text: NJ S1212 | 2022-2023 | Regular Session | Introduced
Bill Title: Revises permitting thresholds for certain types of development requiring CAFRA permit from DEP.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-06-29 - Substituted by A2676 [S1212 Detail]
Download: New_Jersey-2022-S1212-Introduced.html
Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Revises permitting thresholds for certain types of development requiring CAFRA permit from DEP.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain development in the coastal area and amending P.L.1973, c.185.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1973, c.185 (C.13:19-5) is amended to read as follows:
5. A permit issued pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) shall be required for:
a. A development located in the coastal area on any beach or dune;
b. A development located in the coastal area between the mean high water line of any tidal waters, or the landward limit of a beach or dune, whichever is most landward, and a point 150 feet landward of the mean high water line of any tidal waters or the landward limit of a beach or dune, whichever is most landward, that would result, either solely or in conjunction with a previous development, in:
(1) A development if there is no intervening development with an above ground structure, excluding any shore protection structure or sand fencing, that is either completed or under active construction between the proposed site of the development and the mean high water line of any tidal waters;
(2) A residential development having three or more dwelling units if there is an intervening development with an above ground structure, excluding any shore protection structure or sand fencing, that is either completed or under active construction between the proposed site of the dwelling units and the mean high water line of any tidal waters;
(3) A commercial development having five or more parking spaces if there is an intervening development with an above ground structure, excluding any shore protection structure or sand fencing, that is either completed or under active construction between the proposed site of the commercial development and the mean high water line of any tidal waters; or
(4) A public development or industrial development;
c. A development located in the coastal area between a point greater than 150 feet landward of the mean high water line of any tidal waters or the landward limit of a beach or dune, whichever is most landward, and a point 500 feet landward of the mean high water line of any tidal waters or the landward limit of a beach or dune, whichever is most landward, which is located within the boundaries of a municipality which meets the criteria of a "qualifying municipality" pursuant to section 1 of P.L.1978, c.14 (C.52:27D-178), or which is located within the boundaries of a city of the fourth class with a population of over 30,000 persons according to the latest federal decennial census, or which is located in a city of the fourth class that is ranked in the top two percent of the Department of Community Affair's 2020 Municipal Revitalization Index, that would result, either solely or in conjunction with a previous development, in:
(1) A residential development having 25 or more dwelling units;
(2) A commercial development having 50 or more parking spaces; or
(3) A public development or industrial development;
d. A development located in the coastal area at a point beyond 500 feet landward of the mean high water line of any tidal waters or the landward limit of a beach or dune, whichever is most landward, and which is located within the boundaries of a municipality which meets the criteria of a "qualifying municipality" pursuant to section 1 of P.L.1978, c.14 (C.52:27D-178), or which is located within the boundaries of a city of the fourth class with a population of over 30,000 persons according to the latest federal decennial census, or which is located in a city of the fourth class that is ranked in the top two percent of the Department of Community Affair's 2020 Municipal Revitalization Index, that would result, either solely or in conjunction with a previous development, in:
(1) A residential development having 75 or more dwelling units;
(2) A commercial development having 150 or more parking spaces; or
(3) A public development or industrial development; or
e. Except as otherwise provided in subsection c. and subsection d. of this section, a development in the coastal area at a point beyond 150 feet landward of the mean high water line of any tidal waters or the landward limit of a beach or dune, whichever is most landward, that would result, either solely or in conjunction with a previous development, in:
(1) A residential development having 25 or more dwelling units;
(2) A commercial development having 50 or more parking spaces; or
(3) A public development or industrial development.
(cf: P.L.1993, c.190, s.5)
2. This act shall take effect immediately.
STATEMENT
This bill amends the "Coastal Area Facility Review Act" (CAFRA), P.L.1973, c.185 (C.13:19-1 et seq.), to change the types of development that require a CAFRA permit from the Department of Environmental Protection.
Current law divides the CAFRA area into zones based on proximity to the water, and requires permits for different types of development in each zone based on whether the development is residential, commercial, industrial or public. The law currently provides a separate threshold for development in a municipality that meets the criteria of a "qualifying municipality," pursuant to section 1 of P.L.1978, c.14 (C.52:27D-178), or that is located within the boundaries of a city of the fourth class with a population of over 30,000 persons according to the latest federal decennial census. For these municipalities, a CAFRA permit is required for development beyond 500 feet of the mean high water line, or landward limit of a beach or dune, that would result in, either solely or in conjunction with a previous development: a residential development with 75 or more units; a commercial development with 150 or more parking spaces; or an industrial development or a public development.
This bill amends this permitting threshold to also apply to development proposed in a city of the fourth class that is ranked in the top two percent of the Department of Community Affair's 2020 Municipal Revitalization Index. Thus, development proposed in a municipality meeting this criteria would be subject to the same CAFRA permitting requirements as development proposed in a qualifying municipality or in a city of the fourth class with a population of over 30,000 persons.
