N.J. Admin. Code § 7:7-14.1 - Rule on location of linear development

(a) A linear development shall comply with the specific location rules to determine the most acceptable route, to the maximum extent practicable. If part of the proposed alignment of a linear development is found to be unacceptable under the specific location rules (for example, the proposed alignment does not result in the linear development impacting the least possible area), that alignment may nonetheless be acceptable, provided the following conditions are met:

1. There is no prudent or feasible alternative alignment which would have less impact on sensitive areas and marine fish or fisheries, as defined at 7:7-16.2;

2. There will be no permanent or long-term loss of unique or irreplaceable areas;

3. Appropriate measures will be used to mitigate adverse environmental impacts to the maximum extent feasible, such as restoration of disturbed vegetation, habitats, and land and water features; and

4. The alignment is located on or in existing transportation corridors and alignments, to the maximum extent practicable.

(b) Rationale: Linear development, including public roads and utilities, serve a public need. Appropriate flexibility is afforded to such development in strictly circumscribed cases. This flexibility ensures that appropriate linear development projects can proceed in cases where the project does not meet all requirements of a specific location rule but nonetheless has no alternative design, does not permanently destroy unique or irreplaceable areas, includes appropriate mitigation of adverse environmental impacts, and is collocated with existing transportation corridors and alignments as much as possible. This common sense approach appropriately balances linear development needs with the protection of the coastal environment.

Notes

N.J. Admin. Code § 7:7-14.1

Renumbered from 7:7E-6.1 by 47 N.J.R. 1392(a), effective 7/6/2015 Amended by 50 N.J.R. 361(a), effective 1/16/2018