New Jersey § 13:1d-152

§ 13:1d-152.

a. The Department of Environmental Protection shall not adopt any rule or regulation

pursuant to the “Coastal Area Facility Review Act,” P.L.1973, c.185 ( C.13:19-1 et seq. ), R.S.12:5-3 , “The Wetlands Act of 1970,” P.L.1970, c. 272 ( C.13:9A-1 et seq. ), the “Flood Hazard Area Control Act,” P.L.1962, c. 19 ( C.58:16A-50 et seq. ), or the State's implementation of the “Coastal Zone Management Act of 1972,” 16 U.S.C.s.1451 et seq., or any other law, that mandates on-site public access to tidal waters or adjacent

shorelines as a condition of any approval, permit, administrative order, or consent

decree at any structure or facility that: (1) is required to submit a facility security plan pursuant to the federal “Maritime

Transportation Security Act of 2002,” 46 U.S.C. s.70101 et seq., and 33 C.F.R. s.101.100 et seq. ; (2) is required to develop and adhere to a transportation security plan for hazardous

materials pursuant to the regulations adopted by the federal Pipeline and Hazardous

Materials Safety Administration in the United States Department of Transportation, 49 C.F.R. s.172.800 et seq. ; (3) is required to participate in the United States Department of Homeland Security's

Chemical Facility Anti-Terrorism Standards program; (4) is located at any airport, railroad yard, or nuclear power plant; (5) requires exclusion of the public for security reasons as designated in accordance

with rules and regulations adopted pursuant to subsection b. of this section by the

New Jersey Office of Homeland Security and Preparedness; or (6) is owned or operated by the New Jersey Department of Military and Veterans' Affairs

and on which on-site public access is deemed to pose a threat to security or public

safety. b. The New Jersey Office of Homeland Security and Preparedness shall adopt rules and

regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ) to establish a process to designate those facilities that, for homeland security

reasons, require exclusion of the public from the tidal waters or adjacent shorelines

located at those facilities. The rules and regulations shall nevertheless provide for access to tidal waters

and their adjacent shorelines to the maximum extent feasible and as otherwise permitted

by law.