DOCKS, BULKHEADS & REVETMENTS - Makofka Environmental Consulting LLC.

Many waterfront properties have docks, bulkheads or revetments. If you are interested in installing a new waterfront structure, MEC can determine the size and type of structures that may be permissible on a property as per the regulatory requirements. For properties with existing waterfront structures, even structures that may have been in place for many years, it is important to determine whether these structures are in compliance with the appropriate regulatory requirements. MEC has prepared applications for and obtained permits for new waterfront structures as well as for legalizing existing waterfront structures.

Issues related to waterfront structures often arise during the sale or purchase of a property. MEC recommends investigating whether these structures have the appropriate permits before the property transfer has been completed. Conducting an investigation before the property transfer can identify the potential for future costs that may be necessary to add a dock, bulkhead or revetment to a property or to legalize an existing waterfront structure. Strategically, it is better for a property owner to initiate the legalization of any of these structures than to wait for a violation notice from one of the regulatory agencies.

The US Army Corps of Engineers (USACE) has been regulating structures located in or over navigable waterways through Section 10 of the Rivers and Harbors Act that was enacted in 1899. In addition to the USACE regulations, New Jersey requires permits and approvals through their own regulatory programs.

When investigating legalizing existing docks, bulkheads and revetments, MEC typically conducts a review of aerial photographs and/or property surveys to determine the approximate year the structure was installed along with the location and configuration of the structure at that time. MEC utilizes this information to determine the most appropriate route to obtain a permit to legalize the structure. In New Jersey, the approvals typically required include:

A NJDEP Waterfront Development Permit or Exemption;

A NJDEP Tidelands License; and

Authorization from the USACE.

This process, particularly the request for a Tidelands License, may take 12 months to complete. Although it is a lengthy process, the efforts to legalize a dock, bulkhead, or revetment are worthwhile, considering the alternative may consist of removal of these structures and/or a financial penalty.