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