Title 12, Title 12: COMMERCE AND NAVIGATION

12:3-12.1 Findings, declarations relative to conveyance of riparian lands. 1. The Legislature finds and declares that the Tidelands Resource Council is the public body responsible for the stewardship of the State's riparian lands; that it is the responsibility of the council to d…

12:3-12.2 Development of "Guide to the Tidelands." 2. The Tidelands Resource Council shall develop an informational guide entitled "Guide to the Tidelands," which shall be written in clear and plain language such that a person possessing a high school degree or its equivalent can…

12:3-12.3 Rules, regulations setting forth fees; minimum term of conveyance. 3. The Tidelands Resource Council shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations setting forth all fees imposed by the council, b…

12:3-13. Change in pier lines or lines of solid filling; map and survey; basins The council may change, fix and establish any other lines than those now fixed and established for pier lines, or lines for solid filling in the tidewaters of the State, or make any changes in any bas…

12:3-14. Encroachment prohibited From and after the filing of said map and surveys in the office of the secretary of state, no encroachment of any kind shall be permitted to be made beyond said lines so fixed and established for solid filling or pier lines, or in or upon any basi…

12:3-15. Lease or sale of basins; dedication as public basins The board may make, for a satisfactory consideration, any lease or sale to the owners of the lands fronting on the said basin, of the right to have the exclusive use of the said basin or basins, for the purpose of whar…

12:3-16 Fixing of purchase price or rentals for lands below high-water mark or formerly under tidewater; lease or conveyance. 12:3-16. It shall be lawful for the Tidelands Resource Council, together with the Commissioner of Environmental Protection, to fix and determine within th…

12:3-18. Right of way separating riparian owner's lands from tidewater; effect on leases and grants When lands have been or shall be taken or granted for a right of way and such right of way has been or shall be so located on land of a riparian owner as to occupy the same along o…

12:3-19 Establishment of bulkhead and pier lines around islands in tidewaters. 12:3-19. The Tidelands Resource Council, with the approval of the Commissioner of Environmental Protection and after consultation with the Army Corps of Engineers, shall, from time to time, fix and est…

12:3-2. Establishment of exterior bulkhead and pier lines in tidewaters of Hudson river, New York bay and Kill von Kull The bulkhead line or lines of solid filling and pier lines in the tidewaters of the Hudson river, New York bay and Kill von Kull, lying between Enyard's dock, o…

12:3-20 Sale or lease of riparian lands around islands, reefs or shoals. 12:3-20. The Tidelands Resource Council, together with the Commissioner of Environmental Protection, may sell or let to any applicant therefor any of the lands under water and below mean high-water mark, emb…

12:3-21. Removal of sand and other material without license; penalty; exception No person or corporation shall dig, dredge or remove any deposits of sand or other material from the lands of the State lying under tidal waters without a license so to do first obtained as provided i…

12:3-22 License to remove sand or other materials from lands under tidewaters. 12:3-22. The Tidelands Resource Council, with the approval of the Commissioner of Environmental Protection, may, under such terms and restrictions as to duration, compensation to be paid and such other…

12:3-23 Lease or grant to persons other than riparian owners; notice to riparian owners. 12:3-23. The Tidelands Resource Council, with the approval of the Commissioner of Environmental Protection, may lease or grant the lands of the State below mean high-water mark and immediatel…

12:3-24 Sale or lease of lands below high-water mark; lease convertible into grant not required. 12:3-24. The Tidelands Resource Council, together with the Commissioner of Environmental Protection, shall not be required to give leases for lands of the State under water, convertib…

12:3-25 Renewals of leases; provision for determining annual rentals. 12:3-25. The Tidelands Resource Council, together with the Commissioner of Environmental Protection, may, in any lease of lands of the State below mean high-water mark, provide for a renewal or renewals of the …

12:3-26 License required to lay pipes under State lands under tidewaters. 12:3-26. The council, with the approval of the Commissioner of Environmental Protection, may license any person or corporation to lay any pipe or pipes on or under the lands of the State under tidewaters un…

12:3-27. Enlarging or reducing tidewater basins; reclamation; leases and grants; limitations Whenever the state has, prior to March fourth, one thousand nine hundred and eighteen, dedicated any lands under water to public use as a tidewater basin, it shall be lawful for the board…

12:3-27.1 Fill, development of real property in tidewater basin. 8. Notwithstanding the provisions of R.S.12:3-27 to the contrary, the fill or development of real property within an existing tidewater basin to a width of less than 200 feet may be permitted with the approval of th…

12:3-27.2 Authorization for approval of State tidelands, riparian grant. 3. The Tidelands Resource Council, established pursuant to section 10 of P.L.1948, c.448 (C.13:1B-10), is hereby authorized to approve a State tidelands or riparian grant and to set the amount of the conside…

12:3-28. Construction or alteration of bridges over tidal waters; approval of board; repeal by subsequent act Whenever a state board or agency has been or may hereafter be authorized or directed by any law of this state to build a bridge or other structure, or to alter or change …

12:3-29. Terms and conditions required in lease or grant Every lease, grant or conveyance by the board of commerce and navigation of lands lying under the waters of the Hudson river adjacent to or in front of the Palisades, or adjacent to or in front of the strip of land between …

12:3-3. Filling in beyond bulkhead lines; erection of piers It shall not be lawful to fill in with earth, stones or other solid material, in the tidewaters of the Hudson river, New York bay and Kill von Kull, beyond the bulkhead line or lines of solid filling by section 12:3-2 of…

12:3-30. Work or operations for buildings and commercial purposes No terms, conditions, restrictions or limitations shall be inserted in any such lease, grant or conveyance which shall prevent or interfere with any work or operations, whether by blasting and removing rock or othe…

12:3-31. "Palisades" defined As used in sections 12:3-29 and 12:3-30 of this title, "Palisades" means that portion of the west shore of the Hudson river, lying between the high-water line and the top or edge of the steep cliffs or the crest of the slope in places where the steep …

12:3-32. Certain leases, grants and conveyances not affected No lease, grant or conveyance made prior to March eleventh, one thousand nine hundred and twenty-two, of lands lying under the waters of the Hudson river southward of said road leading from the Fort Lee dock or landing …

12:3-33. Grant of riparian lands for public park, place, street or highway Whenever a public park, place, street or highway has been or shall hereafter be laid out or provided for, either by or on behalf of the state or any municipal or other subdivision thereof, along, over, inc…

12:3-34. Conditions in grant The grant shall contain a provision that any land so granted shall be maintained as a public park, place, street or highway, or dock for public use, resort and recreation, and that no structures shall be erected on the land so granted inconsistent wit…

12:3-35. Authority of bridge companies to construct bridges over lands granted When a grant shall be made to the proper authority of the state, or a municipal or other subdivision thereof, of lands of the state now or formerly under tidewater fronting on or within the extended li…

12:3-36. Revocable lease or permit for nominal consideration; grant to new grantee; condition If the proper authority of the state, or a municipal or other subdivision thereof, applying for a grant of lands under section 12:3-33 of this title, shall be unable or unwilling to pay …

12:3-37. Prior acts relating to leases and grants of riparian lands to municipalities for streets, highways, parks and other public purposes The following acts are saved from repeal: a. L.1889, c. 199, p. 322 (C.S. p. 4393, s. 31), entitled "A further supplement to "An act to asc…

12:3-37.1. Counties, municipalities and other instrumentalities of state; lease or permission to use for park and recreational purposes The State is authorized to lease or otherwise permit county or municipal or other instrumentality of the State use of riparian lands owned by th…

12:3-38. Investigation by board on petition of riparian owner The board of commerce and navigation may, upon petition of any riparian owner, investigate the facts relative to any lease or grant of riparian lands purporting to have theretofore been made under authority of any legi…

12:3-39. Execution of confirmatory lease or grant; consideration; effect If the board finds that it is equitable and just that such a confirmatory lease or grant be executed in consideration of the moneys theretofore paid to the state on account of the lease or grant, or upon pay…

12:3-4. Repeal of Wharf Act of 1851; reclaiming or building upon lands under tidewaters; consent of department; prior grants and licenses The repeal of the act entitled "An act to authorize the owners of lands under tidewaters to build wharves in front of the same," approved Marc…

12:3-40. Grant of additional lands; consideration The board may consider, under a petition filed under section 12:3-38 of this title, the granting of additional lands under water adjacent to the lands to be covered by any confirmatory lease or grant, provided the petitioner shall…

12:3-41. Character of lands affected The lands to be affected by sections 12:3-38 to 12:3-40 of this title shall be lands which are now or were formerly under the tidewaters of this state. Any lease or grant of new areas or by way of confirmation may be based upon the original na…

12:3-42. Facts to be considered by board in determining whether confirmatory lease or grant should be granted The board may, in reaching its conclusion that it is equitable and just to confirm in a present riparian owner title to lands now or formerly under tidal waters which he …

12:3-43. When grant may be executed to petitioner Any lease or grant which shall be authorized under a petition filed in accordance with section 12:3-38 of this title may be in fact executed to the petitioner, or his heirs, devisees or assigns, provided that the grantee named in …

12:3-44. Who entitled to confirmatory lease or grant Any person owning riparian lands shall be deemed to be entitled to the benefits of sections 12:3-38 to 12:3-43 of this title.

12:3-45. Erroneous grant to other than riparian owner; valid unless riparian owner acts Whenever: a. The board of commerce and navigation has granted or shall hereafter grant any lands of the state flowed by tidewater to any person erroneously claiming to be and not being the rip…

12:3-46. Grant to named grantee in default of application and payment by riparian owner In default of such application and payment of or security for the price of the lands by the riparian owner within the period of five years of occupation of the lands, the board, on application…

12:3-47. Additional consideration for further grant If the board shall determine that the original consideration paid to the state for the supposed grant was not the reasonable, fair and adequate value of the lands so occupied, as of the date of the supposed grant, the applicant …

12:3-48. List of riparian leases in arrears The state treasurer shall, on or before the first Tuesday in January in each year, make out a list of all riparian leases held by the state on which rentals are in arrears and unpaid for the space of one year, and transmit the same to t…

12:3-49. Re-entry under covenant by board on behalf of state when rent unpaid Where a riparian lease, the rentals of which are unpaid for the space of one year, contains a covenant or condition that upon nonpayment of the yearly rent or sum reserved at the time or times fixed for…

12:3-5 Conveyances or leases to grantee or licensee under legislative act; amount of rental or purchase price; conversion of lease into conveyance; rights of grantee or licensee. 12:3-5. In case any person or corporation who by any legislative act, is a grantee or licensee, or ha…