DEP recently announced that it will more aggressively enforce Waterfront Development and CAFRA permitting compliance issues with respect to development along the waterfront. DEP’s compliance initiative will involve unannounced inspections by boat conducted by its Waterfront Enforcement Team (WET) at active waterfront construction sites. Owners of property along the waterfront who are engaged in development activities should ensure that they have applicable, valid approvals in place from DEP, and strictly follow applicable permit conditions. Care should also be taken to determine whether existing structures are legally existing or require legalization approvals.

The approval process involving development of waterfront parcels can be challenging. Pre and post-construction conditions must be carefully followed to avoid potential compliance issues. Appropriate due diligence should be conducted prior to acquisition of such parcels to evaluate whether approvals are needed for proposed development, and whether existing structures require legalization or may be eligible for “grandfathering” rights.