When Cafra Permit Should Be Applied

By Carl Taylor


The abbreviation CAFRA stands for Coastal Area Facility Review Act. CAFRA permit is a policy in the United States that provides authorizes to the government to regulate construction and construction-related activities within a CAFRA area. Such activities include construction, expansion, relocation, and/or demolishing of commercial, residential, public, or industrial structures and infrastructure. Activities related to installation of shore protection structures and site preparation such as excavation and grading are also covered under this act.

The policy also goes ahead to define what it refers to as the CAFRA area. In the definition provided by the state, the area starts at the confluence of Cheesequake Creek, including Raritan Bay, which is located in the County of Middlesex. It then extends all the way south to Salem County. Some of the areas and counties covered within this area include Ocean, Atlantic, and Monmouth, Burlington, Cape May, Cumberland counties.

The inland boundaries of the region are unevenly marked. In many instances, the inland limit runs along public roads. It differs in width, ranging from between a few feet up to 24 miles. The maximum inland boundary is 24 miles from the ocean. Divided within the region are a number of zones, each having its own regulatory threshold.

Rules applicable in one sector may be different from those applicable in other sectors, as a result of the regulatory threshold differences. It is for this reason that individuals need to know their zones and the regulations applicable there. They need to get a permit referred to as a CAFRA license before they can undertake any construction work in the area. However, individuals found out of the borders of the CAFRA area do not require the permit.

Generally, one needs a permit if they intend to engage in any construction-related work that is located on a beach or dune within the CAFRA area. Secondly, the authorization is necessary if the structure is placed within 150 feet of the mean high water line of a tidal waterbody. The water body may be natural or manmade. For people whose projects are located 150 feet from the landward limit of a dune or beach with no intervening development, the authorization is needed.

However, there exist some exceptions in the application of these prerequisites. An example is where one does not need a permit if they are developing porches, decks, patios, verandas or balconies. Should these installations entail excavation, filling or grading, then authorization is necessary. Additionally, if a balcony, veranda, deck or porch is fitted with a roof, pool or an enclosure, then authorization is necessary.

Similarly, permits are not needed if one is installing a fence, flower box, garden, satellite dish, or a landscape wall that is less than one feet high. The exception to this rule is if the installation is done on a wetland, dune, or beach. There are several other exceptions to this policy that one must read and understand so as to know how they apply.

Three main categories of permits exist at the moment. These three permits are permits-by-rule, general permits, and individual permits. The scope of activity included in each permit is very different.




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