Toms River, NJ Environmental Rules: Coastal Development (2026)

Coastal development in Ocean County faces the most stringent regulatory regime in New Jersey. The Coastal Area Facility Review Act (CAFRA, N.J.S.A. 13:19-1 et seq.) and its implementing rules (N.J.A.C. 7:7) cover all barrier-island and coastal zones in Ocean County including Long Beach Island (six boroughs), Island Beach, the barrier peninsula (Mantoloking, Bay Head, Point Pleasant Beach, Lavallette, Seaside Heights, Seaside Park), and all land within 150 feet of tidal waters. Individual CAFRA permits required for most construction; general permits may cover smaller projects. Dune protection: NJDEP prohibits disturbance of primary dunes, dune vegetation removal without permit, and requires dune restoration for damaged areas. Post-Sandy (2012) Executive Order 140 and subsequent regulations established elevation requirements in FEMA AE and VE zones — Base Flood Elevation plus freeboard. Public access: NJ Public Trust Doctrine (Matthews v. Bay Head Improvement Association 1984) and CAFRA rules require public access from waterfront properties. Waterfront Development Act (N.J.S.A. 12:5-3) covers bulkheads, docks, and bay-side construction separately. Pinelands CMP (N.J.A.C. 7:50) covers inland portions of Manchester, Jackson, Berkeley, Lacey, Stafford. CAFRA enforcement is aggressive — NJDEP conducts aerial and ground inspections. Unpermitted construction near shorelines triggers stop-work orders, demolition, and significant penalties.