Recent regulatory changes are expected to bring a bit of welcome flexibility to those running up against the expiration of certain coastal development permits. However, holders of coastal development permits need to be aware of how these changes may affect the duration of their permits, and the implications of these changes on the timing of related construction projects. Because extensions only apply to certain permits, permit holders should carefully examine their permits to confirm eligibility and applicability of the extension.

Since July 6, 2015, when the Coastal Zone Management Rules were amended, applicants have been able to obtain one five-year extension for: 1) individual waterfront development permits for activities water-ward of the mean high-water line (such as the construction of docks, wharfs, piers and other similar projects); 2) certain general permits (such as amusement pier expansion, beach and dune maintenance, and single-family home or duplex expansion and reconstruction); and 3) certain CAFRA permits (for developments located on beaches, dunes and within the CAFRA area, generally composed of coastal wetland areas). See N.J.S.A. 13:19-4. Prior to the July 6, 2015, amendment, waterfront development permits for activities occurring below the mean high-water line could only be effective for one five-year term, with no opportunity for an extension. N.J.A.C. 7:7-1.5(c)(3) (repealed 2015).

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