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NJDEP Adopts Emergency Rules to Facilitate Reconstruction of Commercial Development and Marinas Impacted by Hurricane Sandy

June 24, 2013 | No Comments
Posted by Steven Gouin

On April 16, 2013, the New Jersey Department of Environmental Protection (“NJDEP”) adopted emergency amendments to the Coastal Permit Program Rules, N.J.A.C. § 7:7 and Coastal Zone Management Rules, N.J.A.C. § 7:7E that are aimed at facilitating prompt and resilient reconstruction along the Jersey Shore in the wake of Superstorm Sandy.  Among the beneficiaries of the emergency rules are commercial property and marina owners, who face the monumental task of rebuilding and re-opening for the upcoming tourism and boating season after sustaining millions of dollars in Sandy-related damage.

For commercial property owners, the emergency rules:  (1) clarify the exemption under the Waterfront Development Law concerning the reconstruction or replacement of structures in-place; (2) modify the permit-by-rule for reconstruction of commercial development; and (3) add a permit-by-rule for the expansion or relocation (with or without expansion) laterally or landward of commercial development.

For marina owners, the emergency rules:  (1) clarify the exemption to the Waterfront Development Law concerning the reconstruction or replacement of structures in-place; (2) modify and add new permits-by-rule, including a new permit-by-rule for the reconfiguration of any legally existing dock, wharf, or pier located at a lawfully existing marina and a new permit-by-rule for the construction and/or installation of a pumpout facility and/or pumpout support facility; and (3) modify the NJDEP’s coastal general permit for the construction of support facilities at lawfully existing and operating marinas.

The relief is much-needed.  According to a survey conducted by the Marine Trades Association, uninsured Sandy-related losses relating to buildings, property, docks, inventory, equipment, and supplies, for marinas alone, exceed $100 million.  NJDEP believes that these emergency amendments will provide necessary regulatory relief while at the same time facilitating eligibility for Sandy-related relief programs as they become available.

For more information, please visit:  http://www.nj.gov/dep/landuse/

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