New Jersey Department of Environmental Protection

Transcription

1 New Jersey Department of Environmental Protection Assistant Commissioner Marilyn Lennon Land Use Management Division of Land Use Regulation Manager Virginia Kopkash September 16, 2013

2 Transformation of Land Use

3 Transformation of Rules Six Rules were targeted as part of the transformation of Land Use: Flood Hazard Coastal Permit Program Rules Coastal Zone Management Rules Freshwater Wetlands Wind Turbines on Piers Public Access

4 Stakeholder Process Held 11 Stakeholder meetings Flood Hazard Five Coastal Three Wetlands Two Wind Turbines One Held 13 Subcommittee meetings Flood Hazard Six Coastal Seven Wetlands None

5 Superstorm Sandy

6

7

8

9

10

11

12

13

14

15

16

17

18

19 Flood Hazard Emergency Rules Emergency amendments on 1/24/13: Incorporated FEMA s Advisory Base Flood Elevations (ABFEs) and Work maps In tidal areas use BFE or ABFE, whichever is higher Work map supersedes ABFE Automatically incorporates any existing and future FEMA maps that show NJ design flood elevation

20 Flood Hazard Emergency Rules Revised permit-by-rule that allows building to be reconstructed, relocated and/or expanded by up to 300 ft 2 Revised building standards to match DCA and FEMA where possible (to eliminate conflicts) Allows wet flood-proofing of non-residential buildings when elevating or dry flood-proofing is not practical

21 What are ABFEs? NJDEP & FEMA s flood maps along the coast are decades old and underestimate flood elevations NJDEP was working with FEMA to revise these maps when Sandy hit Remapping effort is not yet complete FEMA released these maps on an advisory basis to help people plan reconstruction/elevation due to Sandy More recently, FEMA has released Work Maps Can be viewed at:

22 ABFEs Once FEMA completes their calculations, they will propose the maps through the Federal Register and have public meetings (a.k.a. preliminary maps) Once adopted, they will become effective The effective elevations will differ somewhat from the advisory elevations due to finalization of wave height analysis ADVISORY PRELIMINARY EFFECTIVE

23 Coastal Emergency Rules Emergency amendments effective April 16, 2013 Facilitation of the expeditious rebuilding of residential and commercial developments Facilitation of renovation or reconstruction of existing marinas and construction of new marinas Restoration of New Jersey s shellfish industry Maintenance of engineered beaches and dunes and establishment of living shorelines Facilitation of removal of sand and other material from waterways

24 Rebuilding of residential and commercial developments Modified the permit-by-rule at N.J.A.C. 7:7-7.2(a)7 for reconstruction of residential or commercial development Allows for the reconstruction of damaged structures and must have been legally occupied in the most recent five year period In the same footprint In compliance with FHA rules

25

26 Rebuilding of residential and commercial developments Added a new permit-by-rule for the expansion or relocation (with or without expansion) of the footprint of a residential or commercial development landward or parallel to the mean high water line at N.J.A.C. 7:7-7.2(a)8 (similar to FHA PBR) No increase in the number of dwelling units or parking spaces or equivalent parking area 400 square feet

27

28 Rebuilding of structures over water Streamlined the permitting process through clarification of the Zane exemption In-place measured in three dimensions (length, width & height) Dock or pier over wetlands, low-profile bulkheads, or a building over wetlands or water In-place measured in two dimensions (length & width) Docks, piers, wharfs, not over wetlands and bulkheads except low profile (existing floating docks can be replaced with fixed docks; bulkheads can be rebuilt higher)

29 PBR for reconfiguration of docks at existing marinas Reconfiguration of any legally existing dock, wharf, or pier located at a legally existing marina, provided the marina is not located within shellfish habitat, submerged vegetation habitat, or a wetland Must stay within an existing Tidelands instrument No increase in the number of slips No increase the total linear footage of docks or piers within the marina

30 PBR for the construction and/or installation of a pumpout facility The construction and/or installation of a pumpout facility or pumpout support facility shall have no adverse impacts to any special areas described at N.J.A.C. 7:7E-3. Rule allows for the construction of a sewer line connecting a pumpout facility and/or pumpout support facility into an existing sewer line located on-site or located immediately adjacent to the site

31 Construction of support facilities at legally existing and operating marinas Modified the coastal general permit at N.J.A.C. 7: for the construction of support facilities at legally existing and operating marinas Changed building(s) set backs from 100 to 15 feet from a shore protection structure or 25 feet from the mean high water line where no shore protection structures are present

32 Breakwater rule Modified the CZM rules at N.J.A.C. 7:7E (formerly breakwater general area rule) now called the vertical wake or wave attenuation structure rule, to focus on the protection of boat mooring areas and add flexibility in the type of structures

33 Facilitation of renovation or reconstruction of existing marinas and construction of new marinas

34 PBR for land based raceways & upwellers The placement of land-based upwellers and raceways, including intakes and discharges, for aquaculture activities. The structures must be located on the upland portion of a lot with a legally existing, functioning bulkhead

35 Land based upwellers

36 Land Based Aquaculture Oyster Upweller Water lines

37 Raceways

38 Predator Screens PBR the placement of predator screens and oyster spat attraction devices in an area subject to a valid shellfish lease pursuant to N.J.S.A. 50:1-23. This permitby-rule does not authorize the placement of shell within a shellfish lease area.

39 Pre Predator screens

40 PBR for cages The placement of shellfish cages in an area subject to a valid shellfish lease pursuant to N.J.S.A. 50:1-23 There shall be a minimum of four feet of water between the top of any cage and the water surface at mean low water

41 Cages placed in deep water

42 GP for other in-water aquaculture activities The construction and/or placement and maintenance of shellfish aquaculture equipment, including floating upwellers, shellfish rafts, racks and bags, lantern nets, and cages, provided: The placement of shell

43 Floating Upwellers

44 Rack and Bag

45 Shellfish Rafts

46 Maintenance of Engineered Beaches and Dunes Added definitions to clarify rule changes Modified the standards for beach and dune maintenance at N.J.A.C. 7:7E-3A and general permit for beach and dune maintenance activities at N.J.A.C. 7:7-7.6 Added a new permit-by-rule at N.J.A.C. 7:7-7.2(a)16 for the placement of sand fencing to create or sustain a dune Modified the CZM special area rules for dunes and beaches at N.J.A.C. 7:7E-3.16 and 3.22, respectively, to allow for the maintenance of engineered beaches and dunes to the design template

47 Maintenance of engineered beaches and dunes and establishment of living shorelines

48 Establishment of living shorelines The amendments facilitate the establishment of living shorelines by modifying the coastal general permit at N.J.A.C. 7:7.29 for habitat creation and enhancement to include the establishment of living shorelines Modify the CZM rules for shellfish habitat, N.J.A.C. 7:7E-3.2; submerged vegetation habitat, N.J.A.C. 7:7E-3.6; intertidal subtidal shallows, N.J.A.C. 7:7E-3.15; wetlands, N.J.A.C. 7:7E-3.27; filling, N.J.A.C. 7:7E-4.11; coastal engineering, N.J.A.C. 7:7E-7.11; and marine fish and fisheries, N.J.A.C. 7:7E-8.2 to allow for the establishment of living shorelines Added a new general water area rule which sets forth standards for the establishment of living shorelines at N.J.A.C. 7:7E-4.23

49 Natural living shoreline Before After

50 hybrid

51 Hybrid living shoreline Rock used to slow water and allow for the build-up of sediment near the shore so vegetation can grow

52 hybrid

53 Removal of sand and other material Use of an existing dredged material management areas Added a new permit-by-rule at N.J.A.C. 7:7-7.2(a)21 for the implementation of a sediment sampling plan in a water area as part of a dredging or dredged material management activity or as part of a remedial investigation of a contaminated site Added three new coastal general permits for: The dredging of sand from a man-made lagoon The dredging of material from a waterway at a residential or commercial development The dredging and management of material from a marina Encouraged the beneficial use of dredged material

54

55

56

57

58 Getting Back to Transformation Anticipated schedule: Began legal review of Coastal rules will begin review of Flood Hazard rules next month Formally propose in New Jersey Register end of 2013 early day comment period

59 Anticipated Amendments to Flood Hazard Rules 1. Delete special water resource protection area from stormwater management rule No more Functional Value Analysis Create hybrid 300-ft RZ in FHA rules Allow larger storms to be discharged within RZ without penalty

60 Anticipated Amendments 2. Delete references to acid-producing soil deposits from FHA rules Will reduce RZ from 150-ft to 50-ft NJDEP will rely on local SCD to review impacts 3. Align administrative procedures with FWW and Coastal rules Application requirements & review, public notice

61 Anticipated Amendments 4. Add flexibility to riparian zone standards Increase amount of disturbance allowed for roadways and other linear development Add items to the list of acceptable activities in a riparian zone, including site remediation projects, solid waste closures, trails & boardwalks, footbridges, etc. Clarify which streams that drain < 50 acres receive a riparian zone

62 Anticipated Amendments 5. Clarify how to determine top of bank 6. New permits-by-rule About 40 new permits-by-rule Convert some existing general permits to permits-by-rule No more prior notice

63 Anticipated Amendments 7. New general permits Culvert & bridge replacement One house Hazardous site investigation and cleanup Landfill closures Surveying and subsurface investigation Water monitoring devices Mosquito control activities Riparian zone enhancement activities Habitat creation and enhancement activities Trails and boardwalks Footbridges Solar panels Malfunctioning septic systems

64 Anticipated Amendments to Coastal Rules Combines 7:7 & 7:7E Transforms LU regulations aligns the administrative process of 3 LU rules Transforms LU business processes streamlines administrative process sets the platform for e-submission

65 Anticipated Amendments New Subchapter for general provisions for PBR, GP-by-certification, GP s and IP s Content similar in both Coastal & FHA rules except for the duration of permit 5 year permit w/ a 5 year extension for GP s and IP s for activities occurring below MHWL in CR and GP & IP s in FHA rules Coastal IP s for activities above MHWL will keep commence and continue language based on stakeholder comments

66 Anticipated Amendments New mitigation subchapter similar sections as FHA and future FWW rule all mitigation requirements are in one subchapter (SAV, ISS, Wetland, Shellfish, Riparian Zone) incorporates banking into rule Conservation restrictions same sections as in FHA rule

67 Anticipated Amendments Emergency permits same requirements in FHA rule Pre-application conferences same requirements in FHA rule Application contents same concepts in CR and FHA rules slight difference based on type of permit

68 Anticipated Amendments Public Notice same requirements in FHA rule Application Review same requirements except CAFRA IP process Conditions and changes to issued permits developed LU conditions for both rules Request for Adjudicatory Hearings same requirements in FHA rule

69 Questions?