ADU Rules in Brick, New Jersey

Brick Township is one of Ocean County's largest municipalities, with approximately 78,000 residents spread across a peninsula bounded by the Atlantic Ocean barrier islands (Mantoloking and Point Pleasant Beach) to the east and Barnegat Bay's western shore. Brick is a classic Shore community with a mix of year-round residents and seasonal properties. The township was among the hardest-hit communities during Hurricane Sandy in October 2012, with catastrophic flooding throughout the bayfront lagoon neighborhoods that define much of Brick's residential character.

New Jersey ADU Act and Mount Laurel Context

New Jersey's P.L. 2021, c. 182 (the "Accessory Dwelling Unit Act") provides a statewide framework for ADU development. Brick Township, like all NJ municipalities, is subject to the Mount Laurel doctrine requiring municipalities to provide their fair share of affordable housing. For Shore communities like Brick where land is scarce and post-Sandy rebuilding has constrained housing supply, ADUs can play an important role in adding housing options.

Brick Zoning and ADU Regulations

Brick's zoning code reflects its shore community character with various residential zone types. Single-family homes predominate in most of the township, with higher-density zoning near commercial corridors. ADU permissibility varies by district.

In lower-density residential zones, potential ADU types include:

• Detached ADUs: Backyard structures where lot size and setbacks permit — must comply with elevated construction requirements in flood zones
• Attached ADUs: Additions to primary dwellings
• Upper-floor ADUs: Secondary units within elevated structures (especially relevant given post-Sandy rebuilding on elevated foundations)
• Garage conversions: Only feasible where replacement parking can be provided and where not in a VE zone

Important: In FEMA VE and AE flood zones, basement and below-grade living space is generally not permitted. Shore communities like Brick have homes elevated on pilings, stackable blocks, or concrete piers — making "first-floor" space (under the elevated living level) subject to strict floodplain regulations.

Post-Sandy Flood Zones — Critical Considerations

Hurricane Sandy caused catastrophic flooding across Brick Township, particularly in the lagoon communities east of Lanes Mill Road. Following Sandy, FEMA updated Flood Insurance Rate Maps for Ocean County, with significant remapping of VE and AE zone boundaries.

VE zones (coastal/velocity zones): The most restrictive flood category. Structures must be elevated on open foundations (pilings, columns, or shearwalls with breakaway panels). No enclosed space is permitted below the BFE. ADUs cannot be created in the below-BFE portion of structures in VE zones.

AE zones: Structures must be elevated to or above BFE. Attached garages and enclosed space below BFE are permitted only for parking, building access, or storage (not habitable space). Elevation certificates from a licensed surveyor are required.

Local freeboard: Ocean County communities adopted additional freeboard requirements (building 1 foot or more above BFE) post-Sandy. Check with the Brick Construction Department for current freeboard requirements.

CAFRA Zone

Brick Township's Barnegat Bay shoreline and bayfront areas are within the CAFRA (Coastal Area Facility Review Act) zone. Significant development projects in CAFRA zones require NJDEP review. Contact NJDEP at (609) 984-9088 to determine whether your ADU project triggers CAFRA permit requirements.

Pinelands Commission Jurisdiction

Western portions of Brick Township may be within the New Jersey Pinelands Area. If your property falls within Pinelands jurisdiction, Pinelands Commission approval may be required before local permits are issued. Verify property status at nj.gov/pinelands.

Permit Process

1. Confirm zoning district and ADU use with the Brick Township Planning Department
2. Check FEMA flood zone status at msc.fema.gov
3. Determine CAFRA and Pinelands applicability
4. Obtain required state permits (CAFRA, Pinelands Certificate) before local applications
5. Prepare construction documents with a NJ-licensed architect familiar with coastal construction
6. Apply for local zoning and NJ UCC building permits
7. Submit elevation certificate for flood zone properties
8. Schedule required inspections; obtain Certificate of Occupancy

Contact Information

Township of Brick — Planning and Zoning Department 401 Chambers Bridge Road, Brick, NJ 08723 Phone: (732) 262-1000 Municipal Code: library.municode.com/nj/brick_township

NJ Pinelands Commission: (609) 894-7300 | nj.gov/pinelands NJ DEP CAFRA: (609) 984-9088 FEMA Flood Maps: msc.fema.gov

Disclaimer: This guide provides general information only and is not legal advice. Post-Sandy regulatory requirements in Brick are complex and subject to change. Always verify current ADU rules and flood zone requirements directly with the Brick Township Planning and Zoning Department and consult FEMA flood maps before making any development decisions.