Tidelands & Riparian Law

Beach Development is Prohibited. What Are the Exceptions?

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 river...
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Public Access to Beaches and Other Waterways – Pending Legislation

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...
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