Bill > A2412

Introduced Session

This bill amends the "Coastal Area Facility Review Act" (CAFRA), P.L.1973, c.185 (C.13:19-1 et seq.), to change the types of development that require a CAFRA permit from the Department of Environmental Protection (DEP). Current law divides the CAFRA area into zones based on proximity to the water, and requires permits for different types of development in each zone based on whether the development is residential, commercial, industrial or public. The law regulates: any activity on a beach or dune; the first use within 150 feet of the mean high water line, beach or dune; and all public or industrial development. In addition, residential and commercial developments are regulated based on their proximity to the mean high water line, or landward limit of a beach or dune, whichever is more landward. Within the first 150 feet of the mean high water line, or landward limit of a beach or dune, if there is already an intervening structure, the law regulates residential development of three or more units and commercial development with five or more parking spaces. Beyond 150 feet, the law regulates residential development of 25 or more units and commercial development with 50 or more parking spaces. In addition, the law currently provides a separate threshold for development in a municipality which meets the criteria of a "qualifying municipality" pursuant to section 1 of P.L.1978, c.14 (C.52:27D-178), or which is located within the boundaries of a city of the fourth class with a population of over 30,000 persons according to the latest federal decennial census. For these municipalities, for developments beyond 500 feet of the mean high water line, or landward limit of a beach or dune, the law regulates residential development with 75 or more units and commercial developments with 150 or more parking spaces. This bill amends these permitting thresholds. Under this bill, a CAFRA permit would be required for any development within the first 150 feet of the mean high water line, beach or dune, whichever is most landward. Beyond this first 150 feet, the bill would require a CAFRA permit for residential development having three or more dwelling units and commercial development with five or more parking spaces. For development beyond 500 feet of the mean high water line, beach or dune, whichever is most landward, in a municipality which meets the criteria of a "qualifying municipality" pursuant to section 1 of P.L.1978, c.14 (C.52:27D-178), or which is located within the boundaries of a city of the fourth class with a population of over 30,000 persons according to the latest federal decennial census, the bill would require a CAFRA permit for residential development with 25 or more dwelling units and commercial developments with 50 or more parking spaces. In addition, this bill deletes three exemptions currently provided in the law from the CAFRA permitting requirements. The bill deletes the exemptions provided for: (1) the reconstruction of any development that is damaged or destroyed, in whole or in part, by fire, storm, natural hazard or act of God; (2) the expansion of an existing, functional amusement pier, provided the expansion does not exceed the footprint of the existing, functional amusement pier by more than 25 percent, and provided the expansion is located in the area beyond 150 feet landward of the mean high water line, beach or dune, whichever is most landward; and (3) the enclosure of an establishment offering dining, food services and beverages that was in operation as of December 18, 2000 and is located upon a functional pier, provided the enclosure only includes an open area which was actively used in the operation of the establishment. The bill would take effect immediately; however, the changes to the permitting thresholds in section 1 of the bill would not apply to any application for a permit deemed by the DEP to be complete for review on or prior to the date of enactment of the bill into law.

AI Summary

Committee Categories

Benjie Wimberly (D)*, 

Introduced, Referred to Assembly Environment and Solid Waste Committee (on 02/07/2022)

Official Document