The Tidelands Resource Council is a body of twelve members appointed by the Governor. The Council meets monthly and makes decisions to sell or rent state tidelands. All of the decisions must then be approved by the Commissioner of the Department of Environmental Protection, the Attorney General and the Governor. The council meets the first Wednesday of every month, with the exception of January, at NJ Civil Service Commission, 44 S. Clinton Ave., Trenton, NJ. Council meetings begin at 10 am and are open to the public.
The passage of the Wharf Act of 1851 allowed upland property owners to reclaim or wharf out tidal lands otherwise claimed by the state. Then, in 1864, the Legislature created the Board of Riparian Commissioners, the earliest predecessor to the current Tidelands Resource Council. The Wharf Act was repealed in 1869 for those areas in New York Harbor. On the same day, the Legislature enacted the United Companies Act of 1869. Under this act the United Companies were authorized to reclaim and erect wharves and other improvements in front of any of their lands adjoining Kill Van Kull or any other tidewaters, and "when so reclaimed and improved to have, hold, possess and enjoy the same as owners thereof" subject to certain provisions. The Wharf Act was repealed in its entirety in 1891.
In 1967, the Supreme Court of New Jersey affirmed in the case of O'Neill v. State Highway Department that the state owns "all lands that are flowed by the tide up to the high-water line or mark." After the O'Neill decision, legislation was adopted that required title studies and surveys of the state's tidelands. The State of New Jersey eventually filed maps laying claim to properties in seventeen of New Jersey's twenty-one counties.
| Use | 2013 Rate | Minimum fee | |
|---|---|---|---|
| Residential water | $0.53/ft2 | $100.00 | |
| Commercial/Industrial | 7% of Upland Value Equalized | $100.00 | |
| Boat, Yacht & Beach Clubs | $0.35/ft2 | $100.00 | |
| Bridges | $0.03/ft2 | $100.00 | |
| Utilities | $0.11/ft2 | $1250.00 | |
| Aquaculture | $0.01/ft2 | $100.00 | |
| Marinas | 6% of Potential gross Income [1] | None |
Current members of the Council[2] are:
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 determine whether applications for the lease, license, or grant of riparian lands are in the public interest; that it is the responsibility of the council to determine, in assessing applications for the lease, license, or grant of riparian lands, whether the State may have a future use for such lands; that the council must obtain the fair market value for the lease, license or grant of riparian lands in accordance with court decisions and legal opinions of the Attorney General. [3]
The State of New Jersey currently will only sell grants of formerly flowed tidelands. Commonly, these are tidal streams or bays filled for development, or bulkhead areas where formerly flowed land exists behind the bulkhead.
Grants are made at current fair market value with some exceptions. A "good-faith discount" is offered to landowners who bought their property without knowing portions were claimed by the state. This occurs when the land was purchased before the maps were filed with the county clerk in 1982. The state also offers a "litigation risk" discount when the state's claim does not include aerial photographs showing remnants.[4] A 15% pierhead line reduction may be used for grants outshore of the bulkhead line where a pierhead line exists. A condo association discount of 10% may be applied when the number of units is three (3) or more.
Grants are subject to a minimum consideration of $1,000.
Various maps and photographic sources are used to determine ownership of tidelands.
Historical private map sources include: