NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
\n<\/b>Office Policy, Planning and Science
\nCoastal Management Office<\/p>\n
Notice of Rule Proposal<\/strong> Public Notice<\/b> The existing Public access to the waterfront rule is being In addition, various coordinating amendments to the coastal
\nCoastal Permit Program rules; Coastal Management rules, N.J.A.C.
\n7:7 and 7:7E<\/p>\n
\nTake notice that the NJ Department of Environmental Protection
\nis proposing to amend the Coastal Permit Program rules, N.J.A.C.
\n7:7 and Coastal Zone Management rules, N.J.A.C. 7:7E to protect
\nand improve public access to tidal waterways and their shores
\nthrough the repeal and replacement of the existing Public access
\nto the waterfront rule with a new rule, Public trust rights
\nrule, N.J.A.C. 7:7E-8.11.\u00a0 A statement of the substance
\nof the proposal follows:<\/p>\n
\nrepealed and replaced with a new rule, Public trust rights
\nrule, N.J.A.C. 7:7E-8.11.\u00a0 The proposed new rule strengthens
\nthe Department’s existing public access requirements and sets
\nforth specific requirements for Shore Protection Program and
\nGreen Acres funding.\u00a0 In addition, a new special area
\nrule, Lands and waters subject to public trust rights, N.J.A.C.
\n7:7E-3.50, to protect tidal waterways and their shores and
\nensure public access to these lands is provided.\u00a0\u00a0 The
\nDepartment also proposes a new subchapter N.J.A.C. 7:7E-8A;
\nInformation required to demonstrate compliance with the public
\ntrust rights rule:\u00a0 Conservation Restrictions and Public
\nAccess Instruments, which contains the information necessary
\nto demonstrate compliance with the strengthened standards of
\nthe rule.<\/p>\n
\npermitting requirements at N.J.A.C. 7:7E-7:7 are proposed.\u00a0 These
\namendments clarify that compliance with a permit includes compliance
\nwith all aspects of the permit and failure to comply with permit
\nconditions and approved plans constitutes a violation and defines \u201cresponsible
\nparty\u201d for the purposes of an enforcement action.\u00a0 A
\nnew condition applicable to all coastal permits is being added.\u00a0 This
\ncondition provides that authorization of construction shall
\nnot be seen as a relinquishment of public rights to access
\nand use lands and waters subject to public trust rights.\u00a0 Further,
\n15 coastal general permits are being amended to add a new or
\nmodify an existing permit condition requiring public access
\nbe provided in accordance with the Lands and waters subject
\nto the public trust rights and Public trust rights rule.<\/p>\n