Title 12, Title 12: COMMERCE AND NAVIGATION

12:2-13. Transfer to board of rights, powers and duties exercised by certain boards and commissions The board shall succeed to and exercise all the powers and perform all the duties formerly exercised and performed by or conferred upon the board of riparian commissioners, the dep…

12:2-14. General control of commerce and navigation The board shall have full control and direction of all state projects and work relating, in any way whatsoever, to commerce and navigation, except such work as is conferred upon other boards, commissions, officers or agencies no…

12:2-15. Rules and regulations; records The board shall make such rules and regulations governing the work of the department, the conduct of its employees and the performance of its duties as may be necessary to promote the interests of the state in all matters committed to its c…

12:2-15.1. Charges for berthing space or anchorage; disposition Whenever the Division of Planning and Development in the Department of Conservation and Economic Development acquires the land and constructs a public basin, or leases berthing space for boat anchorage to the public,…

12:2-17. General powers and duties of director The director shall: a. Be subject to the rules and regulations of the board; b. Exercise general supervision over all projects relating to the commerce and navigation within and about the state, and all work in any way relating there…

12:2-18. Entry upon and survey of lands and waterways by director The director and any person authorized by him so to do may, without fee or hindrance, enter upon, examine and survey all waterways, riparian lands and proposed waterways in and about the state.

12:2-19. Oaths; examination of witnesses; subpoenas; penalty; perjury The board by its presiding officer, each of its committees by the chairman thereof, and the director, may administer oaths and examine witnesses in any part of the state in any matter relating to the powers and…

12:2-20. Codification of laws of each division The heads or chiefs of the several subdepartments shall codify the laws relating to or concerning their respective departments. Such codification shall set forth, in a clear and comprehensive manner, the act creating the department, …

12:2-21. Acquisition of land for New Jersey ship canal; donation to federal government The board may purchase or acquire by gift, grant, or by condemnation, for the purpose of furthering the commercial interests of this state, lands not to exceed one thousand feet in width from R…

12:2-22. Preservation of Barnegat lighthouse The board may acquire from the federal government, by gift, grant, purchase or in any other lawful manner, the Barnegat lighthouse and curtilage, situate near Barnegat City, and provide for the preservation of the same.

12:2-6. Office; suboffices; meetings The board shall have suitable offices at Trenton at which all original records shall be kept. The board may for local purposes establish suboffices in other parts of the state. The board shall meet every month at Trenton at such times as its r…

12:2-7. Director; appointment; tie vote The board shall select a person who shall be known as the "director of commerce and navigation" . He shall be a resident of this state. In case the board cannot agree upon the selection of a director because of a tie vote therein, the gover…

12:2-8. Salary and term of director The director shall receive a salary of not more than five thousand dollars per annum. He shall devote his entire time to the duties of his office and shall serve for a term of four years, and until his successor has been appointed and qualified…

12:2-9. Subdepartments; chiefs The board may create subdepartments or divisions, to take specific charge of the different lines of work. It may appoint heads or chiefs of such subdepartments or divisions.

12:3-1. Commissioners to make survey and report as to riparian lands, etc. P.L.1864, c. 391, p. 681 (Rev.1877, pp. 981, 982, s.s. 1 to 6; C.S. pp. 4383, 4384, s.s. 1 to 7), entitled "An Act to ascertain the rights of the state and of the riparian owners in the lands lying under t…

12:3-10. Lease or conveyance to riparian owner on application to board Any riparian owner on tidewaters in this State who is desirous to obtain a lease, grant or conveyance from the State of New Jersey of any lands under water in front of his lands, may apply to the board, which …

12:3-11. Waters excluded Section 12:3-10 of this title shall not interfere with sections 12:3-2 to 12:3-9 of this title as to the waters of the Hudson river, New York bay or Kill von Kull, easterly of Enyard's dock.

12:3-12 Covenants, clauses and conditions in grants or leases whether land under water or not. 12:3-12. The council with the concurrence of the Commissioner of Environmental Protection and Attorney General, in all cases of application for grants or leases of land now, or at the t…

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…