New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7 - COASTAL PERMIT PROGRAM RULES
Subchapter 9 - SPECIAL AREAS
Section 7:7-9.44 - Wild and scenic river corridors
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Wild and scenic river corridors are all rivers designated into the National Wild and Scenic Rivers System and any rivers or segments thereof being studied for possible designation into that system pursuant to the National Wild and Scenic Rivers Act ( 16 U.S.C. §§ 1271- 1278 ). For rivers designated into the national system, the wild and scenic river corridor shall include the river and adjacent areas located within one-quarter mile from the mean high water line on each side of the river until a Federal River Management Plan has been adopted, after which time the wild and scenic corridor shall be the area defined in the adopted plan. For rivers under study for possible designation into the national system, the wild and scenic river corridor shall include the river and adjacent areas extending one-quarter mile from the mean high water line on each side of the river.
(b) Development in wild and scenic river corridors shall comply with (b)1 and 2 below, and the standards for the specific type of development at (c), (d), (f), (g) and (h) below. The standards for linear development are found at (e) below.
(c) Development of docks, piers, and moorings on the Great Egg Harbor River and Maurice River and their tributaries shall comply with the following:
(d) Where the need for shoreline stabilization has been demonstrated, biostabilization of eroding shorelines shall be used where feasible. These systems include live branch cuttings, live facings, live stakes, vegetative cuttings, vegetated earth buttresses, coir fiber products, fiber plugs, plants, fiber pallets, fiber carpet, and wood stake anchor systems. These materials shall be installed in accordance with the construction guidelines of Chapter 16, "Streambank and Shoreline Stabilization Protection," of the National Resources Conservation Service Engineering Handbook, National Engineering Handbook (NEH), Part 650, 1996, published by the United States Department of Agriculture, herein incorporated by reference, as amended and supplemented. This document is available on the web at http://www.ntis.gov to download for free with the creation of a public access account (order number PB98114358). Standards for structural shore protection are found at N.J.A.C. 7:7-15.11.
(e) Linear development shall be located within the right of way of an existing linear development route or outside of the wild and scenic river corridor where feasible. Where an analysis of alternatives demonstrates that proposed development which is in the public interest can not be so located, the linear development shall be located and designed to minimize adverse effect on outstandingly remarkable resource values and the width of the clearing for the linear development shall be minimized.
(f) Communication and cellular towers are prohibited in a wild and scenic river corridor.
(g) Development of bridges is conditionally acceptable provided it complies with the following:
(h) Development of culverts is conditionally acceptable provided it complies with the following:
(i) Rationale: This rule reflects and incorporates the goals of the National Wild and Scenic Rivers Act, which recognizes outstandingly remarkable scenic, recreational, fish and wildlife, historic, cultural, and similar values of certain rivers of the State, in addition to the goals of reducing loss of life and property resulting from the over development of floodplains. The primary purpose of the National Wild and Scenic Rivers Act is to protect the free-flowing character and the outstandingly remarkable resource values of designated rivers. Construction within the established boundary that may adversely affect the reasons why a river was designated into the national system is prohibited, except for linear development in the public interest where no alternative is feasible. Such development must minimize impacts and provide mitigation.
The limits on the length of a dock on the Great Egg Harbor River or Maurice River help assure that docks will not adversely affect the outstandingly remarkable scenic and recreational resources in the future, including when the navigational channel changes. It will ensure continued use of the rivers for kayaking and canoeing without encumbrance by lengthy docks. Seine fisheries, including fisheries for alewife herring, have operated on these rivers for years. The marine fish and fisheries rule, 7:7-16.2, will ensure protection of the fisheries on these rivers. Hard engineering structures cause the velocity of the river to increase and thus increase the potential for scouring. In an effort to maintain these river corridors in a natural state to the maximum extent practicable, natural embankment stabilization techniques such as live cuttings and earth buttresses are encouraged.