CURRENT 3TATUS: Much of the work accomplished during the past two years has been that mandated under the auspices of the Coastal Area Facilities Review Act (CAPRA). In its third year of program development, the state intends to broaden its efforts to meet the specific requirements of the federal coastal managezent prograz. CC3 oil and gas development study With state and federal funds committed under the Coastal Zone Yanazezent Act, New Jersey is conducting a number of studies dealing with CC3 energy exploration and development. The state will estimate and analyze the likely physical, social, economic, political and environmental effects of CC3 leasing, exploration, development and shut-down processes on the coastal area. Industry siting requirements will be studied and the state will attempt to establish contingency planning and legal tools for use in the event of malfunctioning of energy production systems. An analysis is being made of the capability of local governments to cope with problems and respond to opportunities of OCS resources and energy facility development. The information gathered under this OCS study effort will be incorporated into the on-going development of a coastal management plan. Boundary identification Planning boundaries encompass all counties with shorelines and river banks subject to tidal influence, with emphasis being given to areas covered by CAFRA and the Wetlands Act. Coastal program officials are evaluating the development of the CAFRA boundary in light of the federal program requirements. Meanwhile, coastal managers are considering a multi-tiered approach to delineating the coastal boundary. Under the consideration of alternatives, the state finds that at a minimum the coastal boundary could consist of the water boundaries with adjacent states and the legislatively and judicially-defined boundaries in the riparian, wetlands and CAFRA statutes. Outside the CAFRA area, the riparian line would constitute the upland boundary along the Hudson, Hackensack, Fassaic, Raritan and Delaware Rivers, as well as along Newark Bay and the Arthur Kill. In non-CAFRA areas where tidal wetlands have been delineated, the upland coastal boundary would be the line delineating areas regulated under the Wetlands Act, particularly in Gloucester, Camden, Burlington, Mercer and Union counties. A more-inclusive boundary alternative would be to define the area by a system of roads and rights-of-way, ranging inland from the riparian and wetlands line and including coastal areas according to criteria used by DEP when it proposed the initial CAFRA boundary. The inland boundary could range from several thousand feet to a small number of miles from key coastal rivers under this approach. The state's third alternative would be to consider the entire geologic coastal plain -- approximately that portion of the state south of U.S. 1 -- as its coastal zone. Definition of permissible land and water uses completed in June 1976, provides interim policy guidance for uses defined by CAFRA. Precedents established in administering the three major laws are regarded as additional sources of policy guidance for identifying permissible and priority uses of the coastal area. Steps toward defining statewide coastal land and water uses are being made through issue and policy alternative papers and by use of the environmental inventory mandated by CAFRA and the "Atlas of Coastal Area Land Development." Short-term identification is being pursued through "interim management strategies." Policy guidelines for various types of uses are being drawn in the third year of program development. Identification of geographic areas of particular concern The state made its initial presentation to the public on geographic areas of particular concern in May 1975. It is completing policy papers that designate critical and sensitive coastal areas and will institute a public GAPC nomination process in its third year of program development. In attempting to designate GAPCS, several bases have been used. The interim land use and density guidelines classify approximately 25 land and water features of the CAFRA area into preservation, conservation and development areas. Various issue and policy alternative papers also identify as particularly important certain geographic areas such as aquifer recharge areas, historic districts, dunes and depressed urban areas. DEP's coastal managers review all proposed Green Acres state and local open space acquisition and park developrent grant applications in the coastal area. - In looking at potential GAPCs, the state is concerned with both environmental and socio-economic factors. It has suggested that some areas such as depressed urban areas would be candidates for designation an action that would imply strong encouragement for development. It also suggests that one GAPC may be the area around nuclear power plants, where low-density development might be advisable. Public and governmental involvement Various methods of encouraging public and governmental involvement with the ultimate decision-makers are being practiced largely associated with the implementation of CAFRA. - In addition to wide circulation of the proposed CAFRA procedural rules in May 1975 and March 1976, the state held two public meetings in 1975 to introduce the coastal management program. Since then, smaller meetings have been held with builders, county planning directors, environmental leaders and state agencies to seek input on preparation of the land use and density guidelines. Public hearings are held on each CAFRA permit application. In December 1975, New Jersey issued a "Call for Information" on energy facility siting. It worked with the American Arbitration Association on a data validation experiment and in June 1976, conducted a fact-finding beach walk along the 127-mile, five-community Atlantic coastline. Slide shows, brochures and other mass communications methods are CURRENT STATUS: Much of the work accomplished during the past two years has been that mandated under the auspices of the Coastal Area Facilities Review Act (CAFRA). In its third year of program development, the state intends to broaden its efforts to meet the specific requirements of the federal coastal management program. OCS oil and gas development study With state and federal funds committed under the Coastal Zone Management Act, New Jersey is conducting a number of studies dealing with OCS energy exploration and development. The state will estimate and analyze the likely physical, social, economic, political and environmental effects of OCS leasing, exploration, development and shut-down processes on the coastal area. Industry siting requirements will be studied and the state will attempt to establish contingency planning and legal tools for use in the event of malfunctioning of energy production systems. An analysis is being made of the capability of local governments to cope with problems and respond to opportunities of OCS resources and energy facility development. The information gathered under this OCS study effort will be incorporated into the on-going development of a coastal management plan. Boundary identification Planning boundaries encompass all counties with shorelines and river banks subject to tidal influence, with emphasis being given to areas covered by CAFRA and the Wetlands Act. Coastal program officials are evaluating the development of the CAFRA boundary in light of the federal program requirements. Meanwhile, coastal managers are considering a multi-tiered approach to delineating the coastal boundary. Under the consideration of alternatives, the state finds that at a minimum the coastal boundary could consist of the water boundaries with adjacent states and the legislatively and judicially-defined boundaries in the riparian, wetlands and CAFRA statutes. Outside the CAFRA area, the riparian line would constitute the upland boundary along the Hudson, Hackensack, Fassaic, Raritan and Delaware Rivers, as well as along Newark Bay and the Arthur Kill. In non-CAFRA areas where tidal wetlands have been delineated, the upland coastal boundary would be the line delineating areas regulated under the Wetlands Act, particularly in Gloucester, Camden, Burlington, Mercer and Union counties. A more-inclusive boundary alternative would be to define the area by a system of roads and rights-of-way, ranging inland from the riparian and wetlands line and including coastal areas according to criteria used by DEP when it proposed the initial CAFRA boundary. The inland boundary could range from several thousand feet to a small number of miles from key coastal rivers under this approach. The state's third alternative would be to consider the entire geologic coastal plain approximately that portion of the state completed in June 1976, provides interim policy guidance for uses defined by CAFRA. Precedents established in administering the three major laws are regarded as additional sources of policy guidance for identifying permissible and priority uses of the coastal area. Steps toward defining statewide coastal land and water uses are being made through issue and policy alternative papers and by use of the environmental inventory mandated by CAFRA and the "Atlas of Coastal Area Land Development." Short-term identification is being pursued through "interim management strategies." Policy guidelines for various types of uses are being drawn in the third year of program development. Identification of geographic areas of particular concern The state made its initial presentation to the public on geographic areas of particular concern in Way 1975. It is completing policy papers that designate critical and sensitive coastal areas and will institute a public GAPC nomination process in its third year of program development. In attempting to designate GAPCs, several bases have been used. The interim land use and density guidelines classify approximately 25 land and water features of the CAFRA area into preservation, conservation and development areas. Various issue and policy alternative papers also identify as particularly important certain geographic areas such as aquifer recharge areas, historic districts, dunes and depressed urban areas. DEP's coastal managers review all proposed Green Acres state and local open space acquisition and park developcent grant applications in the coastal area. In looking at potential GAPCS, the state is concerned with both environmental and socio-economic factors. It has suggested that some areas such as depressed urban areas would be candidates for designa-- an action that would imply strong encouragement for development. It also suggests that one GAPC may be the area around nuclear power plants, where low-density development might be advisable. Public and governmental involvement Various methods of encouraging public and governmental involveIent with the ultimate decision-makers are being practiced largely associated with the implementation of CAFRA. In addition to wide circulation of the proposed CAFRA procedural rules in May 1975 and March 1976, the state held two public meetings in 1975 to introduce the coastal management program. Since then, smaller meetings have been held with builders, county planning directors, environmental leaders and state agencies to seek input on preparation of the land use and density guidelines. Public hearings are held on each CAFRA permit application. In December 1975, New Jersey issued a "Call for Information" on energy facility siting. It worked with the American Arbitration Association on a data validation experiment and in June 1976, conducted a fact-finding beach walk along the 127-mile, five-community Atlantic coastline. Slide shows, brochures and other mass communications methods are State-federal interaction and consideration of the national interest in facility siting Informal briefings and meetings have taken place with selected federal agencies, which also are given opportunities to comment upon drafts of proposed CAFRA regulations. Contact has been established with various federal agencies including the Nuclear Regulatory Commission and the Depts. of the Navy and Air Force to determine their interests in coastal areas. Various federal agencies are included in public agency advisory conferences. Notice of coastal permit applications are sent to affected and interested federal agencies. Perhaps the broadest effort to solicit interaction was the "Call for Information" to private and public concerns, soliciting mission and/or interest statements with regard to existing or potential OCS-related involvement in the CAFRA area. During its third year of program development, the state will continue to define how the federal consistency clause will work. state-federal coastal coordinator staff function may be established to nurture continuing interaction and provide a structure for conflict resolution. Organizational arrangements It is anticipated that DEP's coastal management office as presently constituted may remain the core organization responsible for the coastal program, although there may be some changes in its role and in that of the Division of Marine Resources. A coastal planning group, including a coastal information system as a service agency, may remain to keep the strategy/program current and responsive. The state is considering the alternative roles of local government in coastal decision-making, including organizational requirements of alternative levels of decision-making, with some delegation of state authority to local agencies. Authorities New Jersey indicates that the state's existing CAFRA, wetlands and riparian statutes, coupled with DEP's general authority (including the ability to acquire land) may well constitute sufficient state authority to implement the management strategy and program. In its third year of program development, the state intends to analyze and demonstrate the sufficiency of state authority to manage designated land and water uses in the coastal area by preparing case studies. Those studies will test authorities regarding waterfront redevelopment on the Hudson, liquefied natural gas facilities on the Delaware, dredge spoil disposal, major housing construction and a chemicals port and tank farm in Jersey City. The state will draft, propose and pursue adoption of other rules and regulations, as necessary. |