New Jersey A 3302: Changes types of development requiring CAFRA permit from DEP.

Bill Text

ASSEMBLY, No. 3302

STATE OF NEW JERSEY
221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)

SYNOPSIS
Changes types of development requiring CAFRA permit from DEP.

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.

A3302 WIMBERLY
2

EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning development in the coastal area and amending 1
P.L.1973, c.185 and P.L.1993, c.190. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 5 of P.L.1973, c.185 (C.13:19-5) is amended to read 7
as follows: 8
5. A permit issued pursuant to P.L.1973, c.185 (C.13:19-1 et 9
seq.) shall be required for: 10
a. A development located in the coastal area on any beach or 11
dune; 12
b. A development located in the coastal area between the mean 13
high water line of any tidal waters, or the landward limit of a beach 14
or dune, whichever is most landward, and a point 150 feet landward 15
of the mean high water line of any tidal waters or the landward limit 16
of a beach or dune, whichever is most landward [, that would result, 17
either solely or in conjunction with a previous development, in: 18
(1) A development if there is no intervening development with 19
an above ground structure, excluding any shore protection structure 20
or sand fencing, that is either completed or under active 21
construction between the proposed site of the development and the 22
mean high water line of any tidal waters; 23
(2) A residential development having three or more dwelling 24
units if there is an intervening development with an above ground 25
structure, excluding any shore protection structure or sand fencing, 26
that is either completed or under active construction between the 27
proposed site of the dwelling units and the mean high water line of 28
any tidal waters; 29
(3) A commercial development having five or more parking 30
spaces if there is an intervening development with an above ground 31
structure, excluding any shore protection structure or sand fencing, 32
that is either completed or under active construction between the 33
proposed site of the commercial development and the mean high 34
water line of any tidal waters; or 35
(4) A public development or industrial development] ; 36
c. [A development located in the coastal area between a point 37
greater than 150 feet landward of the mean high water line of any 38
tidal waters or the landward limit of a beach or dune, whichever is 39
most landward, and a point 500 feet landward of the mean high 40
water line of any tidal waters or the landward limit of a beach or 41
dune, whichever is most landward, which is located within the 42
boundaries of a municipality which meets the criteria of a 43
"qualifying municipality" pursuant to section 1 of P.L.1978, c.14 44
(C.52:27D-178), or which is located within the boundaries of a city 45

A3302 WIMBERLY
3

of the fourth class with a population of over 30,000 persons 1
according to the latest federal decennial census, that would result, 2
either solely or in conjunction with a previous development, in: 3
(1) A residential development having 25 or more dwelling units; 4
(2) A commercial development having 50 or more parking 5
spaces; or 6
(3) A public development or industrial development] (Deleted 7
by amendment, P.L. , c. ) (pending before the Legislature as 8
this bill) ; 9
d. A development located in the coastal area at a point beyond 10
500 feet landward of the mean high water line of any tidal waters or 11
the landward limit of a beach or dune, whichever is most landward, 12
and which is located within the boundaries of a municipality which 13
meets the criteria of a "qualifying municipality" pursuant to section 14
1 of P.L.1978, c.14 (C.52:27D-178), or which is located within the 15
boundaries of a city of the fourth class with a population of over 16
30,000 persons according to the latest federal decennial census, that 17
would result, either solely or in conjunction with a previous 18
development, in: 19
(1) A residential development having [75] 25 or more dwelling 20
units; 21
(2) A commercial development having [150] 50 or more 22
parking spaces; or 23
(3) A public development or industrial development; or 24
e. Except as otherwise provided in [subsection c. and] 25
subsection d. of this section, a development in the coastal area at a 26
point beyond 150 feet landward of the mean high water line of any 27
tidal waters or the landward limit of a beach or dune, whichever is 28
most landward, that would result, either solely or in conjunction 29
with a previous development, in: 30
(1) A residential development having [25] three or more 31
dwelling units; 32
(2) A commercial development having [50] five or more 33
parking spaces; or 34
(3)