Vessels have the right to use navigable waters free from obstruction.  Petition of Martin, 102 F. Supp. 43 (E.D. Pa. 1951).  Every material obstruction to navigation is unlawful and a nuisance to the extent it is unauthorized.  Newark Plank Road Company v. Elmer, et al., 9 N.J. Eq. 754, 788 (E. & A. 1855). In […]

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 to the creation of […]

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 to obtain such a permit before beginning construction. Notwithstanding […]

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 the State’s Riparian claim on the Applicant’s lot, must first prove that the […]

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 or other unconsolidated materials found on all tidal shorelines, including the ocean, bay and […]

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 influenced by tide).  The regulation (39 N.J.R. 5222(a)) provided, among other things, that municipalities must […]