CAFRA On Long Beach Island
Overview of CAFRA
The Coastal Area Facility Review Act (CAFRA) is a New Jersey state law enacted in 1973 to manage and protect the state’s coast and its resources. It regulates development activities in designated coastal areas, including LBI, to minimize environmental impacts and ensure sustainable development. The New Jersey Department of Environmental Protection (NJDEP) administers CAFRA.
Before you may construct in the coastal zone, you must obtain a permit from the DEP under most circumstances. Permits are necessary to protect the health of our critical coastal resources while ensuring that development needs are met.
Common types of construction in the coastal zone that require a permit include construction in waterways, such as docks, boat lifts, and jet ski lifts, as well as construction in upland areas. This includes construction associated with residential development (such as single-family homes and large scale housing developments), commercial development (such as office and retail buildings), public development (such as gas and sanitary sewer pipelines and fire stations), and industrial development (such as manufacturing and industrial processes).
Application of CAFRA on Long Beach Island
CAFRA covers the entire coastal area of New Jersey, including barrier islands like LBI. CAFRA and your local township work together to determine building envelope (CAFRA) and what can be built inside this envelope (the town).
Types of Regulated Activities
CAFRA regulates a wide range of activities, including:
Construction, reconstruction, or expansion of residential, commercial, and public buildings.
Land clearing, grading, and excavation.
Infrastructure projects such as roads, utilities, and drainage systems.
Changes in land use that affect coastal resources.
Permits Required
Depending on the nature and scale of the project, different types of permits may be required:
Permits-by-Rule: For minor activities that meet specific criteria and are deemed to have minimal environmental impact. These do not require formal approval but must comply with predefined conditions.
General Permits: For moderate-scale activities that meet certain conditions. These require a simplified application process.
Individual Permits: For large or complex projects with significant potential environmental impacts. These require a comprehensive application and detailed review process.
Criteria and Conditions
CAFRA sets specific criteria and conditions for development activities to protect coastal resources, such as:
Maintaining setbacks from dunes, wetlands, and water bodies.
Limiting the height and density of buildings to preserve the coastal character.
Implementing stormwater management and erosion control measures.
Ensuring public access to beaches and waterfronts.
Permit Process on LBI
Pre-Application Consultation: Developers are encouraged to consult with NJDEP before submitting a permit application. This helps identify potential issues early and streamline the process.
Application Submission: Depending on the type of permit needed (permit-by-rule, general permit, or individual permit), applicants must submit detailed plans and documentation to NJDEP.
Review and Approval:
Permits-by-Rule: No formal application is needed if the project meets all criteria. The developer must ensure compliance and maintain documentation.
General Permits: Require submission of an application with plans. NJDEP reviews the application to ensure it meets the standard conditions.
Individual Permits: Require a comprehensive application, including environmental impact assessments. The process includes public notice and comment periods and a thorough review by NJDEP.
Compliance and Enforcement: NJDEP monitors approved projects to ensure they comply with permit conditions. Non-compliance can result in fines, work stoppages, and restoration orders.
Examples of CAFRA-Regulated Activities on LBI
Residential Construction: Building a new home or expanding an existing one requires a CAFRA permit (unless property meets exempt requirements, more below). The type of permit depends on the project's size and location.
Commercial Development: Developing a hotel, restaurant, or retail space typically requires an individual permit due to the potential for greater environmental impact.
Public Infrastructure: Projects like road improvements, sewer installations, or beach replenishment may require general or individual permits, especially if they affect public access or sensitive areas.
Environmental Considerations
Dune Protection: LBI’s dunes act as natural barriers against storms and erosion. Development must not disturb these dunes, and setbacks are required.
Wetland Preservation: Wetlands are critical for wildlife and water quality. CAFRA restricts development in and around wetlands to protect these ecosystems.
Flood Risk Management: Given LBI’s susceptibility to flooding, projects must include flood risk mitigation measures, such as elevated structures and proper drainage systems.
Exemptions
There are specific exceptions under CAFRA where certain activities do not require a CAFRA permit. These exceptions generally apply to activities that have minimal environmental impact or fall under certain categories defined by the NJDEP. Some examples of projects that work outside of the scope of CAFRA and are exempt include: routine repairs and maintenance, the construction, reconstruction, or expansion of a single-family home or duplex on a lot that was legally subdivided prior to July 19, 1994, is generally exempt, and the construction of a patio, deck, or similar structure at a residential development (provided such construction does not result in the grading, excavation, or filling of a beach or dune). There are many other exemptions, but these examples are commonly experienced on island.
Key Takeaways
Understanding CAFRA: Developers and property owners on LBI need to understand CAFRA regulations to ensure compliance and avoid penalties. It is important to understand that CAFRA applies more strictly and frequently to waterfront development, but can affect anywhere on island despite perceived distance to the waterfront. Sellers looking to offload their waterfront properties (especially those considered a knockdown) will better position themselves in the market if their property is pre-approved by CAFRA for redevelopment.
Early Consultation: Engaging with NJDEP early in the planning process can help identify potential issues and streamline permit approvals.
Compliance and Documentation: Adhering to CAFRA criteria and maintaining thorough documentation are crucial for a successful project.
By adhering to CAFRA regulations, development on Long Beach Island can proceed in a way that respects and preserves its unique coastal environment.
