New Jersey § 13:1d-153

§ 13:1d-153.

a. For any application for a permit or other approval to be issued by the Department

of Environmental Protection 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, if the application provides for a change in the existing footprint

of a structure, a change in use of the property, or involves beach replenishment or

beach and dune maintenance, the department shall review the existing public access

provided to tidal waters and adjacent shorelines at the property and shall require

as a condition of the permit or other approval that additional public access to the

tidal waters and adjacent shorelines consistent with the public trust doctrine be

provided. In determining the public access that is required at a property, the department

shall consider the scale of the changes to the footprint or use, the demand for public

access, and any department-approved municipal public access plan or public access

element of a municipal master plan. The requirements of this subsection shall apply to any application for an individual

permit submitted on or after the effective date of P.L.2019, c. 81 ( C.13:1D-150 et al.). No later than 18 months after the effective date of P.L.2019, c. 81 ( C.13:1D-150 et al.), the requirements of this subsection shall apply to permits-by-rule, general

permits, or general permits-by-certification issued by the department as provided

in rules and regulations adopted pursuant to subsection b. of this section. b. No later than 18 months after the effective date of P.L.2019, c. 81 ( C.13:1D-150 et al.), the department shall adopt, pursuant to the “Administrative Procedure Act,”

P.L.1968, c. 410 ( C.52:14B-1 et seq. ), rules and regulations establishing: (1) those permits-by-rule, general permits, and general permits-by-certification for

which public access would be required, but which would not require individual review

pursuant to subsection a. of this section; (2) those permits-by-rule, general permits, and general permits-by-certification for

which, consistent with the public trust doctrine, public access would not be required;

and (3) specific categories of projects which, due to the existence of an emergency condition,

or a condition that poses a significant and immediate threat to public health and

safety, shall not require individual review of public access pursuant to subsection

a. of this section.