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A1465
ASSEMBLY, No. 1465
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman ANTWAN L. MCCLELLAN
District 1 (Atlantic, Cape May and Cumberland)
Co-Sponsored by:
Assemblyman Guardian
SYNOPSIS
���� Revises permitting thresholds for certain types of
development requiring CAFRA permit from DEP.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning certain development in the coastal area and
amending
P
.L.1973, c.185.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 5 of P.L.1973,
c.185 (C.13:19-5) is amended to read as follows:
���� 5.��� A permit issued pursuant
to P.L.1973, c.185 (C.13:19-1 et seq.) shall be required for:�
���� a.���� A development located
in the coastal area on any beach or dune;
���� b.��� A development located in
the coastal area between the mean high water line of any tidal waters, or the
landward limit of a beach or dune, whichever is most landward, and a point 150
feet landward of the mean high water line of any tidal waters or the landward
limit of a beach or dune, whichever is most landward, that would result, either
solely or in conjunction with a previous development, in:�
���� (1)�� A development if there
is no intervening development with an above ground structure, excluding any
shore protection structure or sand fencing, that is either completed or under
active construction between the proposed site of the development and the mean
high water line of any tidal waters;�
���� (2)�� A residential
development having three or more dwelling units if there is an intervening
development with an above ground structure, excluding any shore protection
structure or sand fencing, that is either completed or under active
construction between the proposed site of the dwelling units and the mean high
water line of any tidal waters;�
���� (3)�� A commercial development
having five or more parking spaces if there is an intervening development with
an above ground structure, excluding any shore protection structure or sand
fencing, that is either completed or under active construction between the
proposed site of the commercial development and the mean high water line of any
tidal waters; or�
���� (4)�� A public development or
industrial development;
���� c.���� A development located
in the coastal area between a point greater than 150 feet landward of the mean
high water line of any tidal waters or the landward limit of a beach or dune,
whichever is most landward, and a point 500 feet landward of the mean high water
line of any tidal waters or the landward limit of a beach or dune, whichever is
most landward, which is located within the boundaries of 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,
or which is located in a city of the fourth class that is ranked in
the top two percent of the Department of Community Affair�s 2020 Municipal
Revitalization Index,
that would result, either solely or in conjunction
with a previous development, in:�
���� (1)�� A residential
development having 25 or more dwelling units;
���� (2)�� A commercial development
having 50 or more parking spaces; or
���� (3)�� A public development or
industrial development;
���� d.��� A development located in
the coastal area at a point beyond 500 feet landward of the mean high water
line of any tidal waters or the landward limit of a beach or dune, whichever is
most landward, and which is located within the boundaries of 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,
or which is
located in a city of the fourth class that is ranked in the top two percent of
the Department of Community Affair�s 2020 Municipal Revitalization Index,
that would result, either solely or in conjunction with a previous development,
in:�
���� (1)�� A residential
development having 75 or more dwelling units;
���� (2)�� A commercial development
having 150 or more parking spaces; or
���� (3)�� A public development or
industrial development; or
���� e.���� Except as otherwise
provided in subsection c. and subsection d. of this section, a development in
the coastal area at a point beyond 150 feet landward of the mean high water
line of any tidal waters or the landward limit of a beach or dune, whichever is
most landward, that would result, either solely or in conjunction with a
previous development, in:�
���� (1)�� A residential
development having 25 or more dwelling units;
���� (2)�� A commercial development
having 50 or more parking spaces; or
���� (3)�� A public development or
industrial development.
(cf: P.L.1993, c.190, s.5)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� 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.�
���� 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 currently provides a
separate threshold for development in a municipality that meets the criteria of
a �qualifying municipality,� pursuant to section 1 of P.L.1978, c.14
(C.52:27D-178), or that 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, a CAFRA permit is required
for development beyond 500 feet of the mean high water line, or landward limit
of a beach or dune, that would result in, either solely or in conjunction with
a previous development: a residential development with 75 or more units; a
commercial development with 150 or more parking spaces; or an industrial
development or a public development.�
���� This bill amends this
permitting threshold to also apply to development proposed in a city of the
fourth class that is ranked in the top two percent of the Department of
Community Affair�s 2020 Municipal Revitalization Index.� Thus, development
proposed in a municipality meeting this criteria would be subject to the same
CAFRA permitting requirements as development proposed in a qualifying
municipality or in a city of the fourth class with a population of over 30,000
persons.