Real estate development on tidal waters of the State, such as the Hudson River, the Passaic River, and the Hackensack River require a Waterfront Development Permit from the New Jersey Department of Environmental Protection (NJDEP). The Coastal Rules require the developer to address a wide variety of land use and environmental concerns.
We have been a leader for many years in representing developers on the Gold Coast of the Hudson River, and so we have a great deal of experience in obtaining Waterfront Development Permits for large developments on the Hudson River. We have served as counsel for some of the important developments on the Gold Coast.
Our interest in development of the Gold Coast is long standing. Kenneth D. McPherson, Sr. served as the Chairman of Governor Byrne’s Hudson River Waterfront Study, Planning and Development Commission from 1979 to 1980 - - prior to the adoption of the Coastal Rules. We were one of the first law firms with a substantial practice in this area, and we continue to enjoy that prominence.
We also have extensive experience in representing developers seeking NJDEP permits for projects in flood plain areas and for projects with freshwater wetlands on the property. These permits frequently are required for inland developments. The same Coastal Rules which govern Waterfront Development Permits also apply to Coastal Area Facility Review Act (CAFRA) Permit (which are required for projects near coastal waters in the southern part of the State), and so we have that capability as well.
Development below the mean Spring high water line also likely requires one or more approvals from the United States Army Corps of Engineers, which has federal regulatory authority under the Clean Water Act and under the Rivers and Harbors Act of 1899. Because of the extent of our representation of projects on the Hudson River, we have substantial experience obtaining Army Corps permits, and we also enjoy a prominent reputation in that area of representation.
