What Is CAFRA, and Does Your Shore Project Need a Permit?

CAFRA is New Jersey's Coastal Area Facility Review Act, the law that requires a permit from the Department of Environmental Protection for certain development in the State's coastal area. Whether a home project needs one depends mostly on where it sits, on a beach or dune, within 150 feet of the water, or farther back, and on how many dwelling units it adds up to.

I'm Dennis Mark Interdonato with The Dennis Mark Group at Keller Williams Realty Ocean Living. The inland edge of the CAFRA area runs through both Monmouth and Ocean County, so this comes up whenever a buyer has plans for a house near the water: a new home on the lot, an addition, a pool. Here's what the law and the rules say, and who decides.

What is CAFRA?

The Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq., was enacted as P.L.1973, c.185. Its findings describe the State's bays, harbors, inlets, tidal streams, wetlands, barrier beaches and nearshore waters as one resource, the coastal area. The law requires a permit for certain development there, and NJDEP applies it through the Coastal Zone Management Rules, N.J.A.C. 7:7.

Two definitions do most of the work. "Development" means the construction, relocation or enlargement of any building or structure and all site preparation for it, plus grading, excavation or filling on beaches or dunes. A "dwelling unit" includes a house, townhouse, apartment, condominium or cabana, among others.

Where is the CAFRA area?

Section 4 of the law draws the line road by road. The coastal area runs from that inland line out to the State's waters, and in Monmouth and Ocean County the line follows roads that include State Highway 35, State Highway 71 and the Garden State Parkway. A street map in your head isn't enough to place a lot. NJDEP will issue a written applicability determination on whether CAFRA, the Wetlands Act of 1970 or the Waterfront Development Law applies to a proposed project, and its rules (N.J.A.C. 7:7-2.5) encourage one when there's uncertainty.

When does a home project need a CAFRA permit?

Section 5 of the law (N.J.S.A. 13:19-5), last amended in 1993, sets the thresholds by distance from the mean high water line of tidal waters, or the landward limit of a beach or dune, whichever is farther inland:

• On a beach or dune: any development needs a permit.
• Within 150 feet: any development, if there's no intervening development with an above-ground structure between the site and the water (shore protection structures and sand fencing don't count). If there is one, the trigger is a residential development of three or more dwelling units, a commercial development with five or more parking spaces, or any public or industrial development.
• Beyond 150 feet: a residential development of 25 or more dwelling units, a commercial development with 50 or more parking spaces, or any public or industrial development.
• Beyond 500 feet in certain towns: in a "qualifying municipality," or a city of the fourth class with more than 30,000 people, the residential threshold is 75 or more dwelling units, and 150 or more parking spaces for commercial.

The law counts development "either solely or in conjunction with a previous development," so earlier phases can add up. For a single house, the first two lines are the ones to check: a new home on a beach or dune, or within 150 feet with nothing built between it and the water, needs a permit. A single house farther back sits below the dwelling-unit thresholds, though other permits can still apply.

What does the law exempt?

N.J.S.A. 13:19-5.2 says a CAFRA permit isn't required for, among other things:

• reconstruction of a development damaged or destroyed, in whole or in part, by fire, storm, natural hazard or act of God, if the reconstruction complies with existing codes;
• enlarging a development, as long as the footprint doesn't get bigger and the number of dwelling units doesn't go up;
• building a patio, deck or similar structure at a residential development.

The same section says an exempt project still has to meet every other applicable requirement of law, and NJDEP's rules set out the details of each exemption. Before you count on one, get it confirmed in writing.

What about docks, bulkheads and boat lifts?

Those fall under the Waterfront Development Law, handled under the same rules. N.J.A.C. 7:7-2.4 says a permit is required at or waterward of the mean high water line for dredging or filling and for building or altering a dock, wharf, pier, bulkhead, piling, boat lift or similar structure. Inside the CAFRA area, the regulated waterfront area is the tidal waterway and the land under it up to the mean high water line. The details are in permits for docks, boat lifts and bulkheads in New Jersey.

What kinds of coastal permits are there?

The Coastal Zone Management Rules say a regulated activity may go forward only under one of these (N.J.A.C. 7:7-2.1):

• Permits-by-registration for listed activities that meet set conditions;
• General permits-by-certification and general permits for defined categories of work, which have included building one or two single-family homes or duplexes and expanding or reconstructing one;
• Individual permits for any activity that doesn't meet the conditions of the others (N.J.A.C. 7:7-8.1);
• Emergency authorizations.

NJDEP amended its coastal and other land use rules effective January 20, 2026, and in the amended Coastal Zone Management Rules, what were permits-by-rule are now permits-by-registration. Names and conditions change, so the current rule text, not an old checklist, is what counts for your project.

Who decides, and who prepares the application?

NJDEP decides. It issues the permits, the exemption determinations and the applicability determinations. For anything beyond the simplest project, have an engineer or a land use attorney prepare the application, and let your architect design with the rules in mind from the first sketch.

Flood rules run alongside coastal permits. A big renovation can also trigger FEMA's substantial improvement rule, which I cover in renovating a home in a flood zone.

What should a buyer with plans do before signing?

1. Write down the plan. New house, addition, pool, dock. Each one is a different question.
2. Measure it against the law. Is the work on a beach or dune, within 150 feet of the water, or farther back?
3. Ask the seller for past approvals. Any CAFRA or waterfront development permits for the house, the bulkhead or the dock.
4. Get the professional read. An engineer or land use attorney, and NJDEP's written determination when it's unclear.
5. Talk timing with your attorney. Ask how these answers fit inside your contract.

As a former New Jersey home builder and residential remodeler, I look at a lot the way you'll use it, not only the way it shows. Start with the Luxury & Waterfront Guide, read what buyers should know about waterfront homes, or see how I handle waterfront homes.

Frequently Asked Questions

What does CAFRA stand for?

The Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq. NJDEP administers it under the Coastal Zone Management Rules, N.J.A.C. 7:7.

Does a single-family home need a CAFRA permit?

It can. The law requires one for development on a beach or dune, and within 150 feet of the water when nothing is built between the site and the water. Farther back, one house is below the dwelling-unit thresholds.

Do I need a CAFRA permit for a deck?

The law exempts a patio, deck or similar structure at a residential development. NJDEP's rules set the conditions, so confirm before you build.

Who issues CAFRA permits?

It's the New Jersey Department of Environmental Protection. It also issues written determinations on whether CAFRA applies to a project.

This is general information, not legal, tax or lending advice. NJDEP decides what a project needs, and an engineer or land use attorney should review your plans.

About the author

Dennis Mark Interdonato is a REALTOR® and Master CDRE® who leads The Dennis Mark Group at Keller Williams Realty Ocean Living in Point Pleasant, NJ, helping buyers and sellers throughout New Jersey make their next move, with Monmouth and Ocean County as home base. He has been in construction since 2003, building and renovating New Jersey homes. Read more about Dennis Mark.

Keep reading

• Do you need a permit for a dock, boat lift or bulkhead in New Jersey?
• Renovating a home in a flood zone: FEMA's substantial improvement rule
• Own a home near the water? See what it's worth with a free home value.
• Have a question this didn't answer? Send it to Dennis Mark and it may become the next article.