Horror stories abound when dealing with properties with Tidelands claims. Home owners trying to sell their homes locked in endless litigation over State owned riparian land. Others still, thinking they have equity in their home, find it wiped out by “back owed” license or grant fees.
Potential deals squashed after months of negotiations by hidden issues relating to riparian rights. Time unnecessarily wasted by Real Estate professionals, home owners, and sellers.
Tidelands are “riparian rights and claims” established by the State of New Jersey to property lying in areas presently or formerly flowed by tidal waters. Tidelands Act (N.J.S.A. 12:3).
Tidelands claims and are found in 17 of 21 counties in New Jersey.
NJ Property Fax will initiate a search for possible Tidelands claims on your property and if a grant or license exists that may attest to the fact, that the property is free from all State Tidelands claims or is properly licensed.
A report in pdf form is emailed to you within 24 hours, most reports are completed within a few hours. The report consists of the following map overlays:
The State of New Jersey claims ownership of these tidelands and holds them in trust for the people of the state. The management of the tidelands is overseen by the Tidelands Resource Council, a twelve member Governor‐appointed board of volunteers, along with DEP staff at the Bureau of Tidelands Management.
Since tidelands are public lands, you must obtain written permission from the State and pay a fee in order to use these lands. Some tidelands may be sold in the form of a Riparian Grant while others may only be rented through either a Tidelands License or Lease.
All money that is collected from the sale and rental of tidelands is deposited into a trust fund for State education and is also used as a guaranty against the bonds that are sold by local school boards.
A Riparian Grant is a deed from the State of New Jersey for the sale of its tidelands. Property owners may desire a riparian grant if any portion of their upland was, at one time, flowed by the mean high tide. The portion of the property that was formerly tidal is State‐owned property despite the fact that it has been filled in and the former waterway is no longer evident.
The State‐owned section of the property is known as a State Tidelands Claim; a State Tidelands Claim is a cloud on a property owner’s title regardless of whether or not that property owner is aware of the claim at the time of purchase. Obtaining a riparian grant is not mandatory; however, a grant may be desired to clear title to a property encumbered with a State Tidelands Claim. Current policy is to issue grants only for filled tidelands. That is, the State of New Jersey no longer sells currently flowed tidelands.
A Tidelands Lease is a long term rental agreement from the State of New Jersey for the use of its tidelands. Leases are generally issued for projects involving long term financing issues such as houses that have been constructed over currently flowed tidelands or large scale development projects.
A Tidelands License is a short term rental agreement from the State of New Jersey for the use of its tidelands. The State of New Jersey will rent and/or sell formerly flowed tidelands. Currently flowed tidelands that have not been previously sold by the State may only be rented.Licenses must be procured for the following:
A Statement of No Interest is an official document issued by the State of New Jersey attesting to the fact that a particular property or area is free from all State tidelands claims.
The management of the tidelands is overseen by the Tidelands Resource Council, a twelve member Governor‐appointed board of volunteers, along with DEP staff at the Bureau of Tidelands Management.
Yes. The State is under no obligation to sell or rent its tidelands. The State must find that any sale or rental is in the public interest and then make a determination as to the cost.
Depending on the project, you will need a waterfront development permit, coastal or freshwater wetlands permit, CAFRA permit or water quality certificate. For more information about these regulatory permits, you should contact the Division of Land Use Regulation tech support line at (609) 777- 0454.
Tidelands laws have been in effect since New Jersey became a State, and there is no grandfathering under these laws. When legalizing a structure which occupies State owned lands, you will be required to pay a back rental charge as determined by the Tidelands Resource Council.
The money that is paid for tidelands licenses and leases is not a tax but a rental payment for the use of State owned land.
The money collected for the sale and rental of tidelands is deposited into a trust fund for State education and is also used as a guarantee against the bonds which local school boards sell.
The license process generally takes 6 to 12 months. You must remember to apply for all required permits before or at the same time that you apply for a license. A delay in obtaining permits will also delay your license.
Grants and leases require more complex processing and involve obtaining the approval of many State officials including the Governor. Total processing time can be as long as two to three years.
The prices approved by the Council are based upon the fair market value of the land, but there are many factors which determine the final consideration. We cannot give you a specific number until your application is reviewed by staff and approved by the Council. In addition to the consideration, there will be a processing charge for every application.
Annual license fees are based upon the impact on the tidelands. Generally, the larger the impact area, the higher the fee. A specific number cannot be given until your application is reviewed by staff and approved by the Council. In addition to the consideration, there will be a processing charge for every application.
Statements of No Interest have a one-time upfront fee that may change over time. Typically $250. For the current fee, please contact the Bureau.
Your neighbors may have tidelands grants which cover the structures out shore of their properties. This means that they own the area, and do not, therefore, have to pay rent for it. Up until the mid 1970s, the State sold its water areas. It no longer does so.
Their license area may be smaller. Generally, the smaller the area, the smaller the fee.
A Geographic Information System (GIS) integrates hardware, software, and data for capturing, managing, analyzing, and displaying all forms of geographically referenced information. GIS allows us to view, understand question, interpret, and visualize data in many ways that reveal relationships, patterns, and trends in the form of maps, globes, reports, and charts.
NJ Property Fax has all its Tidelands searches performed by Western Technologies Group, LLC. Western Technologies Group, LLC is a New Jersey mapping company leveraging 20 years of mapping experience, collections of parcel mapping, tax maps, filed sub-division maps and engineering drawings to identify, in real space, property boundaries in New Jersey. This geographic data helps WTG make accurate, timely and informed decisions. WTG is a leader in Tidelands and Flood Searches for hundreds of Title companies, banks, mortgage companies and Real Property professionals in the US.