Are you considering buying property near tidal water Building a home, a retail center, or marina? Are you proposing a development? Or maybe an addition to an existing structure in a coastal town? If so, here are things to consider
Waterfront Development Permit
The Waterfront Development Law, passed in 1914, seeks to limit problems that new development could cause for existing navigation channels, marinas, moorings, other existing uses, and the environment.
The Waterfront Development Law regulates not only activities in tidal waters, but also the area adjacent to the water, extending from the mean high water line to the first paved public road, railroad or property line. This extends at least 100 feet but no more than 500 feet inland from the tidal water body.
Other reasons you need a Waterfront Development Permit docks, piers, pilings, bulkheads, marinas, bridges, pipelines, cables and dredging.
Coastal Wetland Permit
The land immediately adjacent to tidal water often contains coastal wetlands. The Wetlands Act of 1970 requires the DEP to regulate coastal wetlands. Any time land is located near tidal water there is a good possibility of coastal wetlands on the property.
Some signs of wetlands are tall reeds and grasses, or ground that is often soggy. The regulated coastal wetlands are shown on maps prepared by the DEP. These maps are available for public inspection at each county clerk's office.
You must have a coastal wetlands permit to excavate, dredge, fill or place a structure on any coastal wetland shown on the maps.
There are two types of wetlands (Isolated) when the water within the property is not connected to a larger body of water and (Un-isolated) meaning there is a finger or stream running within the property that is connected to a larger protected body of water.
Isolate wetlands may qualify for a general fill permit. Visit http://www.nj.gov/dep/landuse/
Tidelands License
Tidelands, also known as "riparian lands" are lands now or formerly flowed by the tide of a natural waterway. This includes lands that were previously flowed by the tide but have been filled and are no longer flowed by the tide. These lands are owned by the people of the State of New Jersey. You must first get permission from the State to use these lands, in the form of a tidelands license, lease or grant, and you must pay for this use.
Always remember Take time for due diligence and make sure you have a knowldegable realtor. You can loose a lot of money if your lead in the wrong direction and your not aware of these laws & permits.
