Toms River, NJ Building Setbacks & Zoning: Structure Height Limits (2026)

Height limits in Ocean County are set by municipal zoning under NJ MLUL (N.J.S.A. 40:55D). Toms River §348 residential: 35 ft or 2.5 stories, whichever is less — measured from average finished grade. Brick Township §245: 35 ft / 2.5 stories standard. Jackson Township §244: 35 ft / 2 stories. Manchester and Berkeley in Pinelands Forest Areas: 35 ft / 2.5 stories with additional tree canopy preservation. LBI boroughs face unique situation — post-Sandy FEMA Base Flood Elevation (BFE) in V-Zones may be 12-18 ft NAVD88, so the lowest habitable floor must be elevated above that, and zoning height is then measured from elevated base. Many LBI towns revised height rules to allow 30-34 ft from Design Flood Elevation (DFE) rather than finished grade — effectively permitting taller silhouettes. Mantoloking and Bay Head adopted specific Sandy-recovery height ordinances. Commercial zones along Route 37 and Route 9 allow 35-50 ft. Chimneys, elevator shafts, and mechanical penthouses exempt up to 10 additional ft typically. Height variances (N.J.S.A. 40:55D-70d) require Zoning Board of Adjustment hearing with special hardship showing.