New Jersey § 12:5-3

§ 12:5-3.

a. All plans for the development of any waterfront upon any navigable water or stream

of this State or bounding thereon, which is contemplated by any person or municipality,

in the nature of individual improvement or development or as a part of a general plan

which involves the construction or alteration of a dock, wharf, pier, bulkhead, bridge,

pipeline, cable, or any other similar or dissimilar waterfront development shall be

first submitted to the Department of Environmental Protection. No such development or improvement shall be commenced or executed without the approval

of the Department of Environmental Protection first had and received, or as hereinafter

in this chapter provided. b. The following are exempt from the provisions of subsection a. of this section: (1) The repair, replacement or renovation of a permanent dock, wharf, pier, bulkhead

or building existing prior to January 1, 1981, provided the repair, replacement or

renovation does not increase the size of the structure and the structure is used solely

for residential purposes or the docking or servicing of pleasure vessels; (2) The repair, replacement or renovation of a floating dock, mooring raft or similar

temporary or seasonal improvement or structure, provided the improvement or structure

does not exceed in length the waterfront frontage of the parcel of real property to

which it is attached and is used solely for the docking or servicing of pleasure vessels;

and (3) Development in the coastal area, as defined in section 4 of P.L.1973, c. 185 ( C.13:19-4 ), landward of the mean high water line of any tidal waters. c. Notwithstanding the provisions of any law, rule, or regulation to the contrary,

the Department of Environmental Protection shall not, as a condition of approval required

pursuant to subsection a. of this section, include solar panels in any calculation

of impervious surface or impervious cover. As used in this subsection, “ solar panel ” means an elevated panel or plate, or a canopy or array thereof, that captures and

converts solar radiation to produce power, and includes flat plate, focusing solar

collectors, or photovoltaic solar cells and excludes the base or foundation of the

panel, plate, canopy, or array. d. The Department of Environmental Protection may, as a condition of an approval required

pursuant to subsection a. of this section, and pursuant to standards established by

rule or regulation adopted pursuant to the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ), require a person or municipality to provide on-site public access to the waterfront

and adjacent shoreline, or off-site public access to the waterfront and adjacent shoreline

if on-site public access is not feasible as determined by the department. Nothing in this subsection shall be construed to abrogate or otherwise affect any

public access obligations or requirements of any approval, administrative order, consent

decree, or court order in effect prior to the effective date of P.L.2015, c. 260 .