by Ian Singer | Nov 2, 2017 | Tidelands
How one determines whether the waterway adjoining one’s upland is a lagoon or a natural waterway is a bit of a science and a bit of art. The State claims title to lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior...
by Ian Singer | Oct 25, 2017 | Tidelands
In Rotelle v. N.J.D.E.P., 92 N.J.A.R. 2D (EPE) (1992) the Court found that the basic facts were not in dispute. “The petitioner sought and received a waterfront development permit in 1981 and built the structures allowed by that permit. Thus, he was aware of the need...
by Ian Singer | Oct 17, 2017 | Tidelands
A discussion discerning whether a bulkhead in a man-made lagoon has all the necessary permits in order to proceed with a Riparian Grant Application. The N.J. Bureau of Tidelands Management demands that an Applicant applying for a Riparian Grant that would extinguish...
by Ian Singer | Oct 3, 2017 | Tidelands
Development is prohibited on beaches (N.J.A.C. 7:7E-3.22(b)). That said, it is important to know just what the State of New Jersey designates as a beach. According to the Coastal Zone Management Rule (N.J.A.C. 7:7E-3.22), beaches are generally sloping areas of sand...
by Ian Singer | Sep 25, 2017 | Tidelands
In 2007 the New Jersey Department of Environmental Protection (NJDEP) adopted Public Access Rules which sought to expand its authority over public access to beaches and other tidal waterways (bays, streams, lagoons: waterways now or formerly flowed by tide or...
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