NJ Coastal and Wetland Permits: CAFRA, Waterfront Development, and Freshwater Wetlands

The four frameworks at a glance

• CAFRA — N.J.S.A. 13:19. Regulates most development in the designated coastal area (southern NJ, starting from Cheesequake Creek).
• Waterfront Development Act — N.J.S.A. 12:5-3. Regulates development at/waterward of mean high water and certain upland areas statewide.
• Freshwater Wetlands Protection Act — N.J.S.A. 13:9B. Regulates freshwater wetlands and transition areas statewide.
• Coastal Zone Management Rules — N.J.A.C. 7:7. Overarching standards applied in evaluating permits under CAFRA, WDA, Wetlands Act of 1970 (tidal), and incorporates FWPA rules.

Primary source: nj.gov/dep/landuse.

CAFRA — Coastal Area Facility Review Act

CAFRA regulates development in the designated coastal area (primarily southern NJ). Proximity to water increases regulatory scrutiny.

Activities requiring CAFRA permit:

• Any development on a beach or dune.
• Most developments within 150 feet of mean high water line, beach, or dune.
• New construction, relocation, enlargement of residential, commercial, industrial buildings and structures (plus related excavation, grading, shore protection, site preparation).
• Residential developments — 25+ dwelling units, or 75+ (depending on specific location within CAFRA area). Offsite construction of 1,200+ linear feet of new sewer pipelines or roads also triggers regardless of dwelling count.
• Commercial developments — 50+ parking spaces, or 150+ (depending on location).
• Public or industrial development.

Minor exemptions — small residential renovations, landscaping changes, elevating existing building on pilings (if not part of non-exempt enlargement or involving excavation/filling/grading on beach or dune).

Waterfront Development Act (WDA)

WDA regulates development in tidally-flowed waterways and adjacent upland areas statewide. Notably operates both inside and outside the CAFRA area.

Activities requiring WDA permit:

• Construction or alteration of structures at or waterward of mean high water line in tidal waterways — docks (fixed/floating), wharves, piers, bulkheads, breakwaters, groins, jetties, seawalls, bridges, pilings, boat lifts, mooring dolphins, pipelines, cables.
• Dredging or removal/deposition of sub-aqueous materials.
• Filling of lands formerly flowed by the tide after 1914 without a tidelands instrument.
• Upland development adjacent to tidal waters — outside CAFRA and outside Hackensack Meadowlands District: from MHWL landward to the first paved public road, railroad, or surveyable property line (typically 100-500 feet inland). Construction, reconstruction, alteration, expansion, enlargement, excavation, or filling all subject to review.

Some exemptions: individual single-family dwellings more than 100 feet landward of MHWL in certain areas, General Permit-by-Certification for eligible low-impact work.

Freshwater Wetlands Protection Act (FWPA)

FWPA regulates freshwater wetlands statewide and their "transition areas" (upland buffers).

Regulated activities in freshwater wetlands:

• Removal, excavation, disturbance, or dredging of soil, sand, gravel, aggregate.
• Drainage or disturbance of water level or water table.
• Dumping, discharging, filling with any new materials.
• Driving of pilings.
• Placement of obstructions.
• Destruction of plant life altering freshwater wetland character (including tree cutting).

Generally prohibited in transition areas (without waiver):

• Soil removal, excavation, or disturbance.
• Dumping or filling with materials.
• Structure erection (minor exceptions for temporary ≤150 sf).
• Pavement placement.
• Destruction of plant life altering existing vegetation pattern.

Exemptions: certain farming/forestry activities not changing existing use, salt hay production, mosquito control.

Section 404 assumption: NJ has largely assumed the federal CWA Section 404 program for most freshwater non-tidal wetlands. This is distinctive — most states coordinate with the Army Corps; NJ administers directly under an assumed program.

Coastal Zone Management Rules — N.J.A.C. 7:7

Not a standalone permit; the unifying standards framework. NJDEP applies CZM Rules in evaluating CAFRA, WDA, Wetlands Act of 1970 (tidal), and FWPA permit applications. Establishes:

• Use rules — what coastal activities are permitted, discouraged, prohibited by location.
• Resource rules — protections for specific coastal resources.
• General location rules — siting considerations.
• Standards for evaluating proposed development.

How they interact — joint permitting

NJDEP designs the framework as a unified program, often producing single comprehensive review:

• Comprehensive project review. CAFRA-triggering projects have all components reviewed — including parts that wouldn't individually trigger CAFRA but span different regulatory zones.
• Joint permitting. NJDEP aims to issue permits jointly for single sites where multiple wetland programs apply.
• Federal coordination. Although NJ administers Section 404 for most freshwater non-tidal, USACE maintains shared jurisdiction in tidal wetlands and certain freshwater wetlands (Hackensack Meadowlands, Delaware River).
• Layered protection. CZM Rules + specific act standards + mitigation requirements.

Who operates where

Geography	Primary framework
Jersey Shore (Atlantic)	CAFRA + WDA + Ch. 7:7
Bayshore / Delaware Bay	CAFRA + WDA + Ch. 7:7
Hudson River / NY-facing	WDA + CZM (outside CAFRA)
Delaware River corridor	WDA + FWPA + USACE shared
Hackensack Meadowlands	WDA + FWPA + NJSEA district
Inland (freshwater)	FWPA statewide
Highlands / Pinelands	+ regional overlays (see below)

Interaction with other NJ frameworks

• Highlands / Pinelands overlays — see our NJ Highlands and Pinelands essay. Can layer additional constraints on top of coastal/wetland frameworks.
• Stormwater — N.J.A.C. 7:8 (see our NJ Stormwater GI essay) applies statewide.
• Flood Hazard Area — N.J.A.C. 7:13 for construction in mapped flood areas.
• UCC construction — see our Camden UCC essay.
• NJDOT access — see our NJDOT essay.

Practical guidance

• Parcel-specific framework check first. CAFRA boundary maps, FWPA wetlands maps, tidal waters — all discoverable. Do this before commitment.
• Joint application processing — use it. Submitting separate applications for CAFRA / WDA / FWPA when they could be joint wastes time.
• Transition area width under FWPA varies by wetland resource value classification; know which applies.
• General Permits by Certification may apply for low-impact waterfront work — cheaper and faster than Individual Permits.
• Mitigation is typically required for impacts; plan for mitigation land or banking early.
• Public notice and comment applies for Individual Permits — add timeline buffer.

How NJ compares to neighbors

• Delaware. DNREC Ch. 66 Wetlands + Ch. 72 Subaqueous. See our DE Wetlands essay.
• Maryland. Tidal Wetlands Act + Non-Tidal Wetlands Protection Act.
• Virginia. Tidal Wetlands Act + Chesapeake Bay Preservation Act (see our VA CBPA essay).
• Pennsylvania. Chapter 105 Dam Safety and Waterway Management.
• New Jersey. CAFRA + WDA + FWPA + CZM Rules + Section 404 assumption for non-tidal freshwater. Most integrated regulatory stack in the region, and among the most restrictive on coastal development.

What to do with this

If you're developing NJ coastal or wetland-adjacent: parcel-specific framework check is step one. Engage NJDEP Land Use Regulation early.

If you're acquiring NJ land with any proximity to water: due diligence includes CAFRA boundary, WDA zone, and FWPA wetlands mapping.

If your project spans multiple frameworks: ask NJDEP for joint processing.

For adjacent NJ context, see our essays on NJ Stormwater, NJ Highlands and Pinelands, and NJ LSRP/ISRA.

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