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Yes, a Waterfront Development Permit is required for any work conducted below the mean high water line of any tidal water body, such as the replacement of bulkheads and pilings. In addition, authorization may be required from the Army Corps of Engineers for any work below the mean high water line. If the damaged portion of walkway is located upland of the mean high water line, the walkway can be maintained according to the property owner’s public access conservation restriction and no permit is required. The following is extracted from NJ DEP - Division of Land Use Regulation (

A section of the Hudson River Walkway on public property has collapsed. Is a permit required to reconstruct the damaged section of the walkway?

No. The in-kind replacement by a public entity of legally existing public infrastructure damaged as a result of Hurricane Sandy does not require a permit. The Department issued Administrative Order No. 2012-13 on November 3, 2012 that waives certain DEP permit requirements for State, County and Municipal agencies from DEP’s formal permit procedures.

Note: Please be advised that authorization may also be required from the Army Corps of Engineers for any work below the mean high water line.

 

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