New Jersey § 13:19-3

§ 13:19-3.

As used in this act: “ Beach ” means a gently sloping unvegetated area of sand or other unconsolidated material

found on tidal shorelines, including ocean, inlet, bay and river shorelines, and that

extends landward from the mean high water line to either: the vegetation line; a

man-made feature generally parallel to the ocean, inlet, bay or river waters such

as a retaining structure, seawall, bulkhead, road or boardwalk, except that sandy

areas that extend fully under and landward of an elevated boardwalk are considered

to be beach areas; or the seaward or bayward foot of dunes, whichever is closest

to the ocean, inlet, bay or river waters; “ Commercial development ” means a development designed, constructed or intended to accommodate commercial

or office uses. “ Commercial development ” shall include, but need not be limited to, any establishment used for the wholesale

or retail sale of food or other merchandise, or any establishment used for providing

professional, financial, or other commercial services; “ Commissioner ” means the Commissioner of Environmental Protection ; “ Department ” means the Department of Environmental Protection ; “ Development ” means the construction, relocation, or enlargement of any building or structure

and all site preparation therefor, the grading, excavation or filling on beaches or

dunes, and shall include residential development, commercial development, industrial

development, and public development; “ Dune ” means a wind- or wave-deposited or man-made formation of vegetated sand that lies

generally parallel to and landward of the beach, and between the upland limit of the

beach and the foot of the most inland slope of the dune. Dune includes the foredune, secondary and tertiary dune ridges, as well as man-made

dunes, where they exist; “ Dwelling unit ” means a house, townhouse, apartment, cooperative, condominium, cabana, hotel or

motel room, a room in a hospital, nursing home or other residential institution, mobile

home, campsite for a tent or recreational vehicle or any other habitable structure

of similar size and potential environmental impact, except that dwelling unit shall

not mean a vessel as defined in section 2 of P.L.1962, c. 73 ( C.12:7-34.37 ); “ Governmental agency ” means the Government of the United States, the State of New Jersey, or any other

state, or a political subdivision, authority, agency or instrumentality thereof, and

shall include any interstate agency or authority; “ Industrial development ” means a development that involves a manufacturing or industrial process, and shall

include, but need not be limited to, electric power production, food and food by-product

processing, paper production, agri-chemical production, chemical processes, storage

facilities, metallurgical processes, mining and excavation processes, and processes

utilizing mineral products; “ Person ” means any individual, corporation, company, association, society, firm, partnership,

joint stock company, or governmental agency; “ Public development ” means a solid waste facility, including an incinerator and landfill, wastewater

treatment plant, public highway, airport, an above or underground pipeline designed

to transport petroleum, natural gas, or sanitary sewage, and a public facility, and

shall not mean a seasonal or temporary structure related to the tourism industry,

an educational facility or power lines; “ Public highway ” means a public highway as defined in section 3 of P.L.1984, c. 73 ( C.27:1B-3 ); “ Reconstruction ” means the repair or replacement of a building, structure, or other part of a development; “ Residential development ” means a development that provides one or more dwelling units ; and “ 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 .