Bill Text: NJ A506 | 2010-2011 | Regular Session | Introduced

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Bill Title: Provides for off-site public access and setback waivers for certain coastal developments; establishes standard for determining filled water's edge.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A506 Detail]

Download: New_Jersey-2010-A506-Introduced.html

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ASSEMBLY, No. 506

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Assemblyman  VINCENT J. POLISTINA

District 2 (Atlantic)

Assemblyman  JOHN F. AMODEO

District 2 (Atlantic)

 

 

 

 

SYNOPSIS

     Provides for off-site public access and setback waivers for certain coastal developments; establishes standard for determining filled water's edge.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

An Act concerning coastal development, and supplementing P.L.1973, c.185 (C.13:19-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  For any permit issued pursuant to section 5 of P.L.1973, c.185 (C.13:19-5) for a development that requires the provision of public access, the department shall allow for reasonable off-site public access to tidal waterfront and adjacent shoreline if on-site public access:

     (1) significantly reduces the area available for development; or

     (2) is deemed infeasible by the department.

     b.  For any permit issued pursuant to section 5 of P.L.1973, c.185 (C.13:19-5), for a development that includes a filled water's edge as defined pursuant to N.J.A.C.7:7E-3.23, the department may provide a waiver to the 100 foot setback requirement upon a finding that the requirement would render the site unsuitable for development.

 

     2.    For any permit issued pursuant to section 5 of P.L.1973, c.185 (C.13:19-5), for a development on a barrier island, the department shall use the State Tidelands maps to determine the scope of a filled water's edge pursuant to N.J.A.C.7:7E-3.23.

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would require that, for a permit for development issued pursuant to the "Coastal Area Facility Review Act" that requires the provision of public access, the Department of Environmental Protection must allow for reasonable off-site public access to tidal waterfront and adjacent shoreline if on-site public access significantly reduces the area available for development or is deemed infeasible by the department.  The bill would also authorize that for a development that includes a filled water's edge as defined by regulation pursuant to N.J.A.C.7:7E-3.23, the department may provide a waiver to the 100 foot setback requirement upon a finding that the requirement would render the site unsuitable for development.

     Finally, the bill requires for a development on a barrier island, the department must use State Tidelands maps to determine the scope of a filled water's edge pursuant to N.J.A.C.7:7E-3.23.