Recent legislative and judicial activity in New Jersey has attempted to clarify the New Jersey Department of Environmental Protection’s (NJDEP) rules pertaining to waterfront development and associated public access requirements. However, despite these efforts, developers in waterfront areas still face uncertainty and conflicting guidelines. Developers and real estate practitioners alike need to be aware of the latest round of legislation, while at the same time keeping an eye open for any new regulatory guidance.
On Jan. 19, the New Jersey Legislature enacted P.L. 2015, c. 260, which authorized the NJDEP to require, as a condition of the issuance of waterfront development approvals and CAFRA permits, that access to the waterfront and adjacent shoreline be provided for the public. The legislation was enacted in response to the Appellate Division’s Dec. 22, 2015, decision in Hackensack Riverkeeper v. NJDEP, in which the NJDEP’s administrative Public Access Rule and Public Trust Rights Rule (together, the Rules) were invalidated.
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