The New Jersey Association of Realtors Comments on DEP’s Coastal Zone Rules

On January 3, 2007, the New Jersey Association of Realtors (NJAR) submitted comments to the New Jersey Department of Environmental Protection (DEP) concerning the DEP proposal to amend the Coastal Permit Program and Coastal Zone Management rules. The proposal seeks to expand public access to tidal waterways and their shores through private property takings. NJAR’s comments address the legal issues in the proposal and seek to protect the private property rights of landowners in shore areas.

The comments included previous court rulings and also stated that the DEP failed to conduct any study analysing the economic impact of the regulations, or analyzing the relationship, if any, between the costs which will necessarily be incurred by landowners in complying with the regulations against the benefits to the State as a whole. 

In summary the comments state that there are fundamental legal flaws in the proposed public access/public trust regulations.  Based on the findings, the NJAR requested that the proposal be withdrawn.