Showing posts with label coastal rules. Show all posts
Showing posts with label coastal rules. Show all posts

Wednesday, January 13, 2016

What’s Up with Water in New Jersey?

                People have a complex relationship with water. We swim in it and recreate on it, fish from it and withdraw huge amounts from rivers and coastal waters for industrial use and drinking water. At the same time, we discharge millions of gallons of wastewater right back into those waterways and waterbodies. Continued population and development pressures, coupled with the present and future impacts of climate change, threaten the quality and abundance of this most essential resource. Unfortunately, New Jersey has done a poor job in planning and regulating these issues. As a result, NJ is losing hard won progress and is actively backsliding on water quality protections.

This past year was one of the driest on record for New Jersey, with nearly one-fifth (located mostly in Central and Northeastern) of the state classified in a moderate drought and nearly 90 percent of the state listed as abnormally dry.[1] These low water levels stress ecosystems and drinking water supplies. This ‘trend’ extends back several years, and, with the ever more apparent effects of a warming climate, foreshadows a new normal. As our own NJDEP has stated, “[d]espite a trend toward more precipitation, the Northeast is seeing longer periods without rainfall and longer growing seasons. The result is a drier growing season, especially during the summer months, when temperatures and evapotranspiration are highest. This summer’s drying trend is exacerbated by reduced recharge from spring snowmelt. New Jersey has experienced one severe water-supply drought (2001-2002) and three minor ones (2005, 2006 and 2010) in the last decade.”[2] Even now, the NJDEP Drought Information website shows “a Drought Watch remains in place in the Northeast, Central, and Coastal North Water Supply Regions. . .  Substantial rainfall will be needed over the coming months to restore water supply reserves in preparation for the high-demand season that beings in May.”[3] Yet, NJDEP has neglected the critical tasks of inventorying and managing this precious resource, as the current Water Supply Master Plan (WSMP) is 20 years old and 15 years overdue, despite widespread protest and opposition from elected officials and environmental organizations.[4]

The WSMP inventories the amounts of surface and underground drinking water in the State and compares it to the amounts withdrawn for residents, business, power production, and farming in order to achieve a balance between development, water withdrawals, and environmental health. Overdevelopment and an expanding population creates more impervious surface, which inhibits rainwater from percolating into the ground to recharge aquifers and increases water withdrawals, putting our groundwater resources at risk.[5] Without a master plan in place, New Jersey could face severe water shortages into the future.

Furthermore, building in low lying areas, much of which acts as a buffer to absorb run off and storm surge, should be discouraged due to climate change impacts of sea level rise, extended dry periods (which dry out soil and decrease its ability to absorb rain) followed by heavy rain events, and increased frequency of storm events.[6] Yet, in the past year, New Jersey has amended two essential sets of regulations protecting critical coastal and riparian areas that buffer and protect communities from flood waters and absorb nutrients and pollutants before they reach waterbodies. NJDEP consolidated a patchwork of coastal development regulations and ‘streamlined’ it into what is known as the Coastal Zone Management Rules (CZMR). These changes enable even more development in vulnerable coastal areas through a myriad of measures, including easing the process for getting waterfront building permits and enabling larger upland development in the coastal zone.[7] The Flood Hazard Area Control Act (FHACA) establishes buffer distances for streams and rivers, and addresses how we develop in these riparian and coastal areas. These regulations have also been ‘streamlined, which in effect, removes protective waterway designations, and allows increased and unmonitored development in essential riparian, coastal, and wetland habitat.[8]

NJDEP is also in the process of ‘updating’ its Water Quality Management Planning regulations (WQMP).[9] These rules are required for New Jersey to meet its obligations under the Federal Clean Water Act, and determine, among other things, the cumulative water resource impacts of future development, how to manage and restore existing water quality impairments, and how NJ expects to maintain existing water quality.  However, simply put, NJDEP’s proposed updates to the WQMP are damaging to water quality protection, and allow for increased development and associated water quality impacts from sewers, wastewater treatment plants, and runoff in coastal areas.

Overall, New Jersey has a holistic and systemic problem. Development in coastal and riparian areas is continuing unabated, even as the public safety, economic, ecosystem, and water quality impacts of this type of development become clear (FHACA, and CZMR). New Jersey continues to use vast amounts of surface and ground water for drinking, industry, and agriculture, even while drought continues to impact our region (WSMP). New Jersey is also failing to safeguard the water quality gains made in the past, and is failing to properly plan for the future impacts of development on these gains (WQMP).

Stream and groundwater withdrawals, wastewater and industrial discharges, and development in coastal and riparian habitat are continuing unrestricted. Poor integration among these regulations and a lack of planning for future population increases and development will stress ecosystems, put human health at risk, and is a dangerous and unsustainable path into an uncertain climate future.

New Jersey’s water protection laws and planning are heading in the wrong direction. Clean water for drinking, swimming, fishing, and agriculture is invaluable.  Clean Ocean Action will continue to fight for clean water, and encourages the public to engage with us to protect this most basic and essential resource. Follow our social media for important updates and action alerts, call or email your elected officials and speak up for water quality and habitat protections, and align your lifestyle and consumption patterns with low impact and environmentally friendly values.



[2] Climate Change in New Jersey: Temperature, Precipitation, Extreme Events and Sea Level, NJDEP, available at http://www.nj.gov/dep/dsr/trends/pdfs/climate-change.pdf
[5] According to preliminary research by the Association of New Jersey Environmental Commissions (ANJEC), more water is being taken out than is being replenished in one of our major aquifers, the Kirkwood-Cohansey in South Jersey. That aquifer, which runs beneath southern Monmouth County and all of Ocean County, supplies drinking water to approximately 3 million of New Jersey’s 9 million residents. 

Monday, July 28, 2014

Coastal Management Rules Revisions


In June, The New Jersey Department of Environmental Protection (NJDEP) announced that it would be consolidating the rules that determine how development occurs in coastal areas. These changes are being billed as administrative in nature, to streamline permitting and reduce paperwork.  However, some of the changes proposed could have significant consequences for our coastal waters.

Staff Scientist Cassandra Ornell spoke at the first of three public hearings, held in Long Branch on June 25.  She highlighted the fact that the proposal does not specifically address actions that will be taken in the permitting and development process to increase resiliency at the coast, and protect coastal communities from sea level rise and extreme storm events. To the contrary, several provisions in the new rules would allow more development in sensitive coastal areas, only increasing future risk. The ability to develop more properties on a single lot in shoreline coastal areas will not only endanger residents and their livelihoods, but increase polluted stormwater runoff, and further impact the quality of our coastal waters.

The rules also change several aspects of dredged material management.  The conditions that determine maintenance dredging are being relaxed, so that dredging in areas that were last dredged long ago would now fall under the definition of “maintenance dredging,” and therefore be dredged back to historical levels. This change would allow for less restrictive dredging protocols in areas that are not currently used for navigation, and opens the way for new development in farther upstream areas. Similarly, time restrictions for dredged material management areas would be relaxed, thereby allowing historical sites that are now productive functioning wetlands that filter pollutants from the water and that may contain threatened or endangered species to potentially be reverted back to dredged material management areas.

Marina expansion and new development would be permitted (under specific conditions) in shellfish areas.  Although these areas may be small, there is no limit in the law to how many of these areas can be developed, that is, there would be no limit to the amount of total shellfish area that would be lost.  This change will impact water quality and further reduce already dwindling shellfish resources, as well as affect those who depend on the resource for a living.

At over 1,000 pages, the details of the rule changes are too numerous to mention. Clean Ocean Action and several other environmental organizations met with the NJDEP in July to gain further clarity about the proposed changes, and to discuss the potential implications of these changes.  COA has since  prepared and submitted extensive written comments on the rule proposal. Please stay posted for any updates.



Tuesday, June 10, 2014

NJDEP Proposes Consolidation and Amendment of Rules Governing Coastal Development

The June 2 New Jersey Register contained a notice from the New Jersey Department of Environmental Protection (NJDEP) that the agency has proposed to consolidate the existing Coastal Permit Program Rules and Coastal Zone Management rules into one chapter and to make other changes on how development in coastal areas will be permitted in the future.

The proposed rules contain several components that appear to be beneficial for water quality, and also some troubling provisions.  For example, the definition of “dredged material” is modified so that it makes clear that it is not a solid waste under the Solid Waste rules.  This will enable increased beneficial use of dredged materials for beach protection, marsh creation, capping of contaminated soils or sediments, and other projects, as long as the material meets certain criteria.  On the other hand, provisions which will allow “permit by certification” for bulkhead reconstruction and recreational dock and pier construction in lagoons will streamline the process for homeowners and businesses, but eliminates much of the oversight on these types of projects, and fails to encourage natural living shorelines as alternatives.

COA is concerned that the proposed rule changes, which represent the first major overhaul of the coastal rules following Sandy, do not go far enough to address the threats that future climate change and sea level rise pose to our coastal areas – in fact, the phrases “climate change” and “sea level rise” are not mentioned even once in the over 1,000-page document released by the NJDEP.  The proposed rules also include provisions that encourage coastal development, including provisions that enable marina construction and expansion in certain areas of shellfish habitat and the construction of restaurants (non-water dependent uses) in certain new or existing marinas, which can cause increased litter in the marine environment.

A final public hearing will be held on Wednesday, July 9 at 11:00am at the Coastal Education Center of the Jacques Cousteau National Estuarine Research Reserve, located at 130 Great Bay Boulevard in Tuckerton.  Written comments may be submitted either electronically or via regular mail by August 1, 2014.  Visit www.nj.gov/dep/rules for the full proposal and information on how to submit comments.