(a) Beaches are gently
sloping areas of sand or other unconsolidated material, found on all tidal
shorelines, including ocean, bay, and river shorelines, that extend landward from
the
mean high water line to either:
1. A man-made
feature generally parallel to the ocean, inlet, or bay waters such as a retaining
structure, seawall, bulkhead, road or boardwalk, except the sandy areas that extend
fully under and landward of an elevated boardwalk are considered beach areas;
or
2. The seaward or bayward foot of
dunes, whichever is closest to the bay, inlet or ocean waters.
(b) Development is prohibited on beaches, except
for
development that has no prudent or feasible alternative in an area other than a
beach, and that will not cause significant adverse long-term impacts to the natural
functioning of the beach and dune system, either individually or in combination with
other existing or proposed structures, land disturbances, or activities. Examples of
acceptable activities are:
1. Demolition and
removal of paving and structures;
2.
Dune creation and related sand fencing and planting of vegetation for dune
stabilization, in accordance with N.J.A.C. 7:7-10;
3. The reconstruction of existing amusement and
fishing piers and boardwalks;
4.
Temporary recreation structures for public safety such as first aid and lifeguard
stations;
5. Shore protection
structures which meet the use conditions of
7:7-15.11(g);
6. Linear
development which meets the rule on
location of linear
development,
7:7-14.1;
7. Beach maintenance activities which do not
adversely affect the natural functioning of the beach and dune system, and which do
not preclude the development of a stable dune along the back beach area. These
activities, which include routine cleaning, debris removal, mechanical sifting,
maintenance of access ways, and Department approved dune creation and maintenance
activities, must be carried out in accordance with the standards found at N.J.A.C.
7:7-10;
8. Post-storm beach restoration
activities involving the placement of clean fill material on beaches, and the
mechanical redistribution of sand along the beach profile from the lower to the
upper beach. These post-storm activities, which are different than routine beach
maintenance activities, must be carried out in accordance with the standards found
at N.J.A.C. 7:7-10;
9. The following
development in Atlantic City provided it meets the standards of
7:7-9.47:
i. Development on or over existing ocean
piers;
ii. Pilings necessary to support
development proposed on or over existing ocean piers; and
iii. Development on or over the Boardwalk;
and
10. The maintenance of an
engineered
beach to the
beach berm design template through the transfer of sand from
the upper
beach berm to the lower
beach berm, from the lower
beach berm to the upper
beach berm, and/or alongshore provided:
i. It is
demonstrated through pre- and post-construction surveys overlaid on the
beach berm
design template, that:
(1) The existing beach berm
is not consistent with the beach berm design template; and
(2) The proposed transfer of sand will not result
in the grading of any portion of the beach below the beach berm design
template;
ii. A New Jersey
licensed professional engineer certifies that sand transfer will not compromise the
beach system;
iii. The sand transfer:
(1) Is conducted in accordance with the State Aid
Agreement between the Department and a municipality or county; and
(2) Complies with the management plan for the
protection of State and Federally listed threatened and endangered species, as
approved by the Department's Division of Fish and Wildlife and the USFWS;
iv. The sand transfer does not impact
any existing dunes, unless the transfer complies with the
dune rule,
7:7-9.16; and
v. Any sand transferred as part of the maintenance
of the
beach berm design template shall be moved only within the shore protection
project and shall be placed within the existing engineered dune in accordance with
7:7-9.16(d).
(c) Public access shall be
provided in accordance with the lands and waters subject to public trust rule,
7:7-9.48, and the public access rule,
7:7-16.9.
(d) Rationale: Undeveloped beaches are vital to
the New Jersey resort economy. Unrestricted access for recreational purposes is
desirable so that the beaches can be enjoyed by all residents and visitors of the
State. Public access will be required for any beaches obtaining State funds for
shore protection purposes. Beaches are subject to coastal storms and erosion from
wave action and offshore currents. Public health and safety considerations require
that structures be excluded from beaches to prevent or minimize loss of life or
property from storms and floods, except for some shore protection structures and
linear facilities, such as pipelines, when non-
beach locations are not prudent or
feasible.
Many of New Jersey's beaches, especially those along the Atlantic
Ocean, have been nourished through the State's Shore Protection Program. These
engineered beaches are designed to a specific height, width, slope, and length, in
accordance with a beach berm design template. Engineered beaches are subject to
erosive forces of waves, winds, and tidal currents; in many instances, eroded
material is moved and deposited in areas within the project area in such a way that
the beach grows beyond the design template and thus the beach no longer conforms to
the shore protection project design. For engineered beaches to provide the storm
damage reduction and shore protection for which they were designed, the beach berm
design template must be maintained throughout the entire project area.
Municipalities are encouraged to maintain the project design to the maximum extent
feasible between project renourishment cycles. However, maintenance of the
engineered beach must not reduce any portion of the beach to less than the beach
berm design template.
