Environmental Rules in Brick, NJ

If you live in Brick or are thinking about moving there, environmental rules are one of those things you probably won't think about until they affect you directly. Brick has 5 specific rules on the books covering different aspects of environmental rules, and some of them might surprise you.

Erosion Control

Before any grading, excavation, or fill work, Brick Township requires an engineer-sealed site plan under Chapter 383 that delineates erosion control measures and commits to Soil Conservation District compliance until the disturbed soil is stabilized.

Key details: Permit required from: Township Engineer or Planning Board. Plan must show: limits of soil erosion control measures. Compliance standard: local Soil Conservation District requirements. Final topsoil depth: 4 in. residential, 6 in. nonresidential. Max penalty: $2,000 fine, 90 days jail.

Violating Chapter 383 carries a fine up to $2,000, imprisonment up to 90 days, or both, with each day of continued violation a separate offense; permits may also be revoked or suspended.

Stormwater Management

Brick Township requires stormwater management measures for major development disturbing one or more acres of land, mandating green infrastructure, groundwater recharge, and runoff quality and quantity controls under Chapter 396.

Key details: Trigger: 1+ acre of land disturbance. Penalty: $500/day, § 396-14. Adopted: Ord. 1160-05; amended 2021 by Ord. 3-21. Enforcement: Police, Engineering, Land Use Dept..

Building, altering, or using land in violation of Chapter 396 carries a $500-per-day fine until the unauthorized improvement is removed or repaired, per § 396-14.

Flood Elevation Requirements

Brick Township requires new and substantially improved homes in flood hazard areas to sit one foot above the base flood elevation, not just at it.

Key details: Freeboard required: 1 foot above base flood elevation. Applies to: New construction & substantial improvements. Manufactured homes: Same 1-ft freeboard, permanent foundation. Governing chapter: Township Code Ch. 196, Flood Damage Prevention. Last amended: Ord. No. 21-21 (Oct. 26, 2021).

Building below the required elevation without a variance blocks issuance of a certificate of occupancy and jeopardizes NFIP flood insurance eligibility; the Construction Official enforces compliance before occupancy is granted.

Flood Zones

Brick Township requires a development permit before any construction, fill, or land alteration in FEMA-mapped special flood hazard areas, with elevation and floodproofing certification and Municipal Engineer review of every application.

Key details: Permit required: Development permit before any construction or fill. Administered by: Municipal Engineer. Penalty: Up to $500/day, 180 days jail. Basis: FEMA maps, Community No. 345285.

Building, filling, or altering land in a special flood hazard area without a development permit is a misdemeanor: up to $500 per day, up to 180 days imprisonment, or both, with each day a separate violation.

Boat Dock Permits

Brick Township requires a Township Engineer permit before building any dock, pier, boat lift, or bulkhead, plus a separate zoning use permit and NJDEP waterfront approval.

Key details: Permit issuer: Township Engineer. Plans required: 2 sealed copies, scale 1"=50'. Zoning use permit: Board of Adjustment or Planning Board. State approval: NJDEP required for waterfront work. Max penalty: $2,000 fine / 90 days jail.

Violations carry a fine up to $2,000 or up to 90 days' imprisonment, or both, under § 168-5; each day of continued violation is a separate offense, enforced by the Construction Official, Police Chief, or Township Engineer.

This is not one of those rules that cities tend to ignore. Brick actively enforces its boat dock permits requirements.

The Bottom Line

Brick's environmental rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Brick is broadly strict or permissive.

Keep in mind that Brick can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.