reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-1 - Removing obstructions from rivers and creeks

12:4-1. Removing obstructions from rivers and creeks
Any person may remove, with as little detriment to the owners of the lands as is possible, all trunks and limbs of trees and like obstructions which hang over or in any way interrupt the navigation of any river or creek in this state.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-2 - Destroying or removing buoys and other markers; penalty

12:4-2. Destroying or removing buoys and other markers; penalty
A person who shall carelessly, willfully or wantonly destroy, mutilate, break, remove or interfere with any buoy, beacon, channel pole, marking or other device fixed and established in any navigable water in this state and under the control of the laws of this state, by means of physical force or by running into the same carelessly, willfully or wantonly while operating a ship or boat of any description, or in any other manner avoidable, shall be liable to a penalty of fifty dollars to be recovered in the manner provided by article 6 of chapter 7 of this title (s. 12:7-24 et seq.).
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-3 - Owners of docks, wharves and piers may collect wharfage, dockage and rent; no hindrance to navigation

12:4-3. Owners of docks, wharves and piers may collect wharfage, dockage and rent; no hindrance to navigation
The owners or holders of all docks, wharves, storehouses and piers may:
a. Use, possess and repair the same;
b. Lay any vessel alongside the same;
c. Demand, receive and sue for and recover of and from any vessel or person using the same, reasonable wharfage, demurrage, rent or dockage; and
d. Recover for any damage done to the same.
This section shall not impair the legal rights of any other persons or authorize any hindrance to navigation.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-4 - Ice boats to keep Delaware river open

12:4-4. Ice boats to keep Delaware river open
L.1920, c. 69, p. 121 (1924 Suppl. s.s. 139-13a, 139-13b), entitled "An act authorizing the acquisition, maintenance and operation by the state of New Jersey, in conjunction with the state of Pennsylvania, of ice boats to keep the Delaware river open for navigation," approved April fifth, one thousand nine hundred and twenty, saved from repeal. [Authorizes a commission of this state in conjunction with a commission from Pennsylvania, to operate and maintain ice boats to keep the Delaware river open to navigation between Trenton and Philadelphia.]
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-5 - Boats or barges sunken or stranded in navigable river; notice to remove

12:4-5. Boats or barges sunken or stranded in navigable river; notice to remove
Whenever a boat, barge or scow is stranded or sunk in any of the navigable waters of this state and left remaining for a period of thirty days by the owners or persons having the same in charge, the board of chosen freeholders of the county within the bounds of which the boat, barge or scow is sunken or stranded shall, on written notice to them by six freeholders residing in the county that such boat, barge or scow is obstructing the free navigation of the river, investigate the same.
If in the opinion of the board of chosen freeholders the boat, barge or scow does or is likely to obstruct the navigation, they shall give notice to the owners or persons having the same last in charge, if their residence is known, that the boat, barge or scow is a nuisance and must be removed within thirty days thereafter. If their residence is unknown, public notice shall be given to the like effect by advertising the same in any newspaper published and circulating in the county where the barge, boat or scow may lie.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-6 - Removal by board of freeholders; contract for removal; sale of wreck and cargo

12:4-6. Removal by board of freeholders; contract for removal; sale of wreck and cargo
If the boat, barge or scow shall not have been removed at the expiration of said thirty days, the board of chosen freeholders may declare it a public nuisance and forfeited to the state and cause the same to be removed either by contract or otherwise. They may sell the wreck and cargo at public auction or otherwise to defray the expense of removal, or they may agree with the contractor removing the boat, barge or scow that the same, together with the cargo, shall form the whole or a part of the compensation of the contractor for the removal thereof.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-7 - Costs and expenses of removal; payment by county; reimbursement

12:4-7. Costs and expenses of removal; payment by county; reimbursement
The cost of removing the sunken or stranded boat, barge or scow, with the incidental expenses and charges connected therewith, shall be made up and certified by the board of chosen freeholders. Upon such certified account the county treasurer shall pay the same out of any money not otherwise appropriated and shall certify said account to the Division of Navigation of the Department of Conservation and when approved by the navigation council, the amount thereof shall be reimbursed to the county out of any funds appropriated to said department for said purposes out of the State treasury.
Amended by L.1947, c. 37, p. 112, s. 1, eff. April 2, 1947.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-10 - Deposit of solids in certain waters prohibited; fishing rights and discharge of sewage excepted

12:4-10. Deposit of solids in certain waters prohibited; fishing rights and discharge of sewage excepted
No person shall throw or deposit or cause to be thrown or deposited any solid material of any kind into or upon the navigable waters of the Kill von Kull, Arthur Kill or Staten Island sounds, Newark bay or tributaries, Raritan bay or tributaries, New York bay and harbor, or the Hudson river, within the jurisdiction of this state, unless authorized so to do under the laws of this state or of the United States.
This section shall not apply to or affect the right any person has or may have to fish, by putting in poles or otherwise, to plant shellfish and fix and preserve the boundaries to any land he may be entitled to use for such purpose, or interfere with the emptying of sewage into the same by any city.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-11 - Violations; misdemeanor; punishment

12:4-11. Violations; misdemeanor; punishment
Any person violating the provisions of section 12:4-10 of this title shall be guilty of a misdemeanor, and upon conviction in any county bordering on any of said waters within which the violation occurred, shall, in addition to the costs of prosecution, for the first offense be punished by a fine not exceeding one hundred dollars, and for each subsequent offense by a fine not exceeding two hundred dollars and imprisonment not exceeding six months.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-12 - Seizure by pilotage commissioners of vessels used in violations

12:4-12. Seizure by pilotage commissioners of vessels used in violations
The commissioners of pilotage appointed pursuant to section 12:8-1 of this title or any one of the commissioners may seize any vessel found within the jurisdiction of this state and from which any person is violating the provisions of section 12:4-10 of this title, and take the same to the nearest port for which pilot service was established by chapter 8 of this title (s. 12:8-1 et seq.). Said boat shall be kept until the owner shall deposit the sum of two hundred dollars, or give security satisfactory to the commissioners for the payment of any fine and costs which may be adjudged for such violation.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-16 - Approaching, passing and opening drawbridges; injuries to; penalties

12:4-16. Approaching, passing and opening drawbridges; injuries to; penalties
Any person who shall:
a. Having command of a vessel, come within ten rods of a drawbridge without first lowering his sails so as to prevent the vessel from coming against the bridge until it is opened so that the vessel can pass through without doing any damage to the bridge; or
b. Having command of a vessel, make fast to or lay a vessel alongside of a drawbridge or of any wing thereof or in the draw thereof, for the purpose of loading or unloading, or for any purpose whatever except of passing through the same; or
c. Open a draw and keep it open more than fifteen minutes, when not absolutely necessary for a passage of a vessel through the same; or
d. Cut, remove or destroy any timber, planks, posts, piles or stonework belonging to or a part of a drawbridge, or otherwise willfully damage or do any act which may have a tendency to injure the bridge or draw--
Shall be liable to a penalty of not less than twenty dollars nor more than fifty dollars, besides all damages that may be done to the bridge.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-17 - Recovery of penalties

12:4-17. Recovery of penalties
12:4-17. The Superior Court and every municipal court shall have jurisdiction to hear and determine actions for the recovery of penalties under R.S.12:4-16. All such penalties shall be enforced and collected under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.), and the process shall be a warrant. A commitment for failure to pay a penalty shall be to the county jail for a period of not more than twenty days. All penalties recovered under this section shall be paid to the county treasurer for the use of the county.
Amended 1953, c.12, s.8; 1991,c.91,s.218.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-18 - Showing light on vessel at anchor; penalty

12:4-18. Showing light on vessel at anchor; penalty
Every officer having charge of a vessel lying at anchor in the Delaware river shall show from sundown until sunrise, a light at some conspicuous part of the vessel, at least ten feet above the deck. For every violation of this section the officer having charge of a vessel shall be liable to a penalty of ten dollars to be recovered by any person who shall sue for the same.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-19 - Collision of navigating vessel with anchored vessel showing light; liability for damages

12:4-19. Collision of navigating vessel with anchored vessel showing light; liability for damages
When a vessel navigating the Delaware river shall collide with a vessel lying at anchor and having a light on board as required by section 12:4-18 of this title, the officer having charge of the vessel so navigating the river shall be liable to the owner of the vessel lying at anchor for all damages sustained by reason of the collision. Such damages shall be sued for by the owner of the vessel so lying at anchor and the officer having charge of the navigating vessel shall be debarred from recovering any damage he may have sustained from the collision.
The officer serving the summons or other process may seize and keep in custody the vessel which collided with the vessel at anchor, to abide the judgment of the court, at the costs and charges of the party offending, but such party may have the vessel released upon giving satisfactory security to the court before whom the action may be brought.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-20 - Lights on steamboats; penalty

12:4-20. Lights on steamboats; penalty
Every officer having charge of a steamboat navigating the Delaware river shall show, from sundown until sunrise, a light suspended by a staff or pole in the extreme forward part of the steamboat, at least ten feet above the deck, and also a light suspended in the same manner at the extreme after part of the steamboat, at least twenty feet above the deck.
For every violation of this section the officer having charge of the steamboat shall be liable to a penalty of twenty dollars to be recovered by any person who shall sue for the same.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-21 - Anchoring in channel of Raritan bay prohibited

12:4-21. Anchoring in channel of Raritan bay prohibited
No person in charge of a vessel shall willfully come to or lie at anchor in the channel of Raritan bay northwesterly from Keyport dock in Monmouth county for the distance of six hundred yards, which channel shall be three hundred feet in width and marked by stakes or buoys in the middle or on either side thereof.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:4-22 - Penalties; liability for damages

12:4-22. Penalties; liability for damages
Any person violating section 12:4-21 of this title shall be liable to a penalty of twenty dollars for each offense and also to any damages sustained by the person injured thereby. For every twenty-four hours a vessel shall lie at anchor in said channel, an additional penalty of twenty dollars may be recovered. One-half of the penalty shall go to any person who shall sue for the same and the other half to the county treasury.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:5-1 - Annual report on condition of water-front or harbor facilities; recommendations

12:5-1. Annual report on condition of water-front or harbor facilities; recommendations
The board of commerce and navigation shall investigate and report annually to the legislature the condition of water-front and harbor facilities and any other matter incident to the movement of commerce upon all navigable rivers and waters within this state or bounding thereon. The board shall also recommend to the legislature and to the various municipalities interested therein such measures as may, in the judgment of the board, be necessary or advisable for the preservation of proper navigation or its improvement or the improvement of commerce upon such waters.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:5-2 - Preventing encroachment on water front

12:5-2. Preventing encroachment on water front
The Department of Environmental Protection may, by appropriate action in any court, prevent the encroachment or trespass upon the water front of any of the navigable waters of this State or bounding thereon, or upon the riparian lands of this State, and compel the removal of any such encroachment or trespass, and restrain, prevent and remove any construction, erection or accretion injurious to the flow of any such waters, which may be detrimental to the proper navigation thereof and the maintenance and improvement of commerce thereon.
Amended by L.1975, c. 232, s. 7.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:5-3.1 - Permit or approval to dredge relative to shellfish habitat rules.

12:5-3.1 Permit or approval to dredge relative to shellfish habitat rules.
1. a. The Department of Environmental Protection shall not require a person to comply with the requirements of N.J.A.C.7:7-9.2, or any substantially similar rule or regulation concerning shellfish habitat, when the person applies to the department for any permit or other approval to dredge:
(1) the established footprint of a functioning marina in operation on the date of enactment of this act , or the footprint of a marina that was in operation up to 10 years prior to the date of enactment of this act;
(2) along a 75-foot wide direct channel between any marina described in paragraph (1) of this subsection and its docks and the closest State or federal navigation channel serving the locality for the marina;
(3) within 250 feet of a vertical timber or other material bulkhead supporting an upland development with a water dependent use or that had a water dependent use up to 10 years prior to the date of enactment of this act; or
(4) within 250 feet of the mean high water line adjacent to an upland development with a water dependent use or that had a water dependent use up to 10 years prior to the date of enactment of this act.
b. (1) A person dredging pursuant to paragraph (3) or (4) of subsection a. of this section shall dredge only the area of the bay floor that is essential to the water dependent use of the upland development.
(2) Paragraphs (3) and (4) of subsection a. of this section shall not apply to any upland development the construction of which is commenced after the date of enactment of this act, or to an expansion of any water dependent use at any upland development. A person dredging for the purposes of an upland development the construction of which is commenced after the date of enactment of this act, or an expansion of any water dependent use at any upland development, shall be required to address impacts to shellfish habitat in accordance with applicable rules and regulations of the department.
c. Nothing in this section shall be construed to limit the application of any other law, rule, regulation, or ordinance to dredging activities. A person dredging pursuant to subsection a. of this section shall obtain all other permits and approvals for the dredging as may be required pursuant to State or federal law, rule, or regulation, or local ordinance.
d. For the purposes of this section, "water dependent use" includes, but is not limited to, a commercial or residential pier, dock, or marina activity that takes place on or near the water, such as commissioning or decommissioning a new or used boat, boat repairs, boat docking, boat storage, fish processing plants and other commercial fishing operations, port activities requiring the loading or unloading of vessels, and water-oriented recreation.
L.2017, c.196, s.1.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:5-5 - Procedure when water front is under control of local governing body

12:5-5. Procedure when water front is under control of local governing body
Where such water front is under the control of a local board, commission or other governing body created by legislative act, having power to improve or develop the water front or exercising such authority, so that a permit or license must be granted by it before any improvement or development may be commenced, plans proposed by it or submitted to it shall be filed with the board of commerce and navigation.
The board may, within ten days after the receipt by it of such plans, file notice of objections to the carrying out of the improvement or development, or to the granting of a permit or license by such local governing body. The filing of the notice shall act as a stay in the carrying out of the plans or in the granting of such permit or license until a public hearing shall have been held by the local governing body sitting jointly with the board. At the hearing the board may state its objections to the plans and recommend such changes as it may deem necessary.
The local governing body together with the board shall approve or disapprove the plans, or grant or refuse to grant the permit or license as seems necessary or desirable.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:5-7 - Municipal developments begun prior to April 8, 1914

12:5-7. Municipal developments begun prior to April 8, 1914
Sections 12:5-3 to 12:5-6 of this title shall not apply to or affect any development for docks, shipping and transportation facilities inaugurated by a municipality and under construction in whole or in part prior to April eighth, one thousand nine hundred and fourteen, provided the municipality had, prior to said date, filed with the secretary of state a map showing the lands proposed to be taken for such municipal development.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:5-8 - Preparation of plans by board upon request of county or municipality; charges

12:5-8. Preparation of plans by board upon request of county or municipality; charges
Upon the request of a county, municipality or other political subdivision of this state, the board shall prepare and submit a proper plan for the development and improvement of the water front of such political subdivision upon any navigable stream or waters of this state or bounding thereon, the navigation of the waters incident thereto, and the regulation and improvement of the traffic of commerce incident thereto.
For the preparation and submission of the plans the board may make such charge against the municipality requesting the same as is equal to the actual cost thereof and the political subdivision requesting them is hereby authorized to pay the same from any funds in its treasury.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:5-9 - Harbor of refuge in Sandy Hook bay

12:5-9. Harbor of refuge in Sandy Hook bay
In addition to the powers conferred by the provisions of the act to which this act is a supplement, the Board of Commerce and Navigation is hereby authorized and empowered to co-operate with the Federal government, the county of Monmouth, and the borough of Atlantic Highlands in providing and maintaining a harbor of refuge in Sandy Hook bay near the borough of Atlantic Highlands.
L.1939, c. 30, p. 45, s. 1. Amended by L.1939, c. 374, p. 902, s. 1.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:5-10 - Marine improvements on lands conveyed to State by municipalities

12:5-10. Marine improvements on lands conveyed to State by municipalities
Whenever a municipality of this State has or shall have conveyed lands to the State upon the condition that the State shall improve such lands by constructing thereon docks, basins or other marine accommodations of the Marina type for boats and vessels, the cost of each such marine improvement shall be borne equally by the State and the municipality making such conveyance.
L.1953, c. 126, p. 1324, s. 1, eff. April 29, 1953.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:5-11 - Appropriation for State's share of marine improvement

12:5-11. Appropriation for State's share of marine improvement
In the case of any such conveyance heretofore made, there is hereby appropriated from the General Funds of the State, such sum as may be included in any general or supplemental appropriation act, for payment of the State's share for the said marine improvement of the lands so heretofore conveyed to the State.
L.1953, c. 126, p. 1324, s. 2, eff. April 29, 1953.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-1 - General powers and duties

12:6-1. General powers and duties
The board of commerce and navigation shall:
a. Investigate and report annually to the governor the routes of the existing inland waterways of this state, the depth of water therein and the use thereof by traffic of business or pleasure, and the advisability and possibility of increasing the use thereof by extension or improvement, together with the reasons therefor;
b. Recommend by said report, after such survey as may be rendered possible by appropriation for such purpose, the construction of such additional inland waterways as are best calculated to promote the interests of the people of this state, either by deepening natural streams or channels or the construction of artificial channels, or both;
c. Make or have made such surveys as may be authorized;
d. Maintain, improve and repair the existing inland waterways and construct and maintain such additional waterways as may be authorized and constructed; and
e. Make and enforce proper rules and regulations for the use of the inland waterways.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-2 - Marking channels of inland waterway system

12:6-2. Marking channels of inland waterway system
The board may mark by stakes, buoys, day and night signals, range marks, or otherwise, as in its judgment is necessary and expedient, the channels of the inland waterway along the Atlantic coast from Cape May to Bay Head, and the waters connected therewith and adjacent thereto.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-3 - Lease of lands for construction of canals connecting lessee's lands with Bay Head and Manasquan canal

12:6-3. Lease of lands for construction of canals connecting lessee's lands with Bay Head and Manasquan canal
The board may lease lands of the state abutting on the Bay Head and Manasquan canal to any person owning lands adjacent to the right of way acquired for the canal, and authorize the lessee to construct and maintain a canal running through the leased lands connecting with the canal and the lands of the lessee, for purposes of navigation.
Such leases shall be made upon such terms and for such compensation as the board may fix and determine, and shall be executed as leases of riparian lands of the state are required to be executed.
This section shall not authorize the making of any such lease of lands acquired for such right of way by condemnation.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-3.4 - Improving Shrewsbury and Manasquan rivers

12:6-3.4. Improving Shrewsbury and Manasquan rivers
In addition to the powers conferred by the provisions of the act of which this act is a supplement, the Department of Conservation, Division of Navigation, is hereby authorized and empowered to dredge, bulkhead and improve the Shrewsbury and Manasquan rivers and any of their tributaries within the limits of tidewater.
L.1946, c. 313, p. 1026, s. 1, eff. May 6, 1946.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-3.5 - Work to be done when appropriation made

12:6-3.5. Work to be done when appropriation made
This work shall be done when the funds for such improvements are included in any annual or supplemental appropriation bill.
L.1946, c. 313, p. 1026, s. 2, eff. May 6, 1946.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-3.6 - Dredging and improving Oyster bay

12:6-3.6. Dredging and improving Oyster bay
In addition to the powers conferred by the provisions of the act of which this act is a supplement, the Department of Conservation and Economic Development, Division of Planning and Development, is hereby authorized and empowered to dredge and improve Oyster bay, a tributary of the Shrewsbury river, commonly known as Polly's pond, in the borough of Rumson, county of Monmouth, and to provide for the necessary spoil areas.
L.1949, c. 75, p. 379, s. 1, eff. May 6, 1949.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-3.7 - Appropriation

12:6-3.7. Appropriation
There is hereby appropriated the sum of fifty-eight thousand dollars ($58,000.00), when included in any annual or supplemental appropriation bill, for the purpose of carrying into effect the provisions of this act.
L.1949, c. 75, p. 379, s. 2, eff. May 6, 1949.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-4 - Appointment; term; compensation

12:6-4. Appointment; term; compensation
The board may appoint a harbor master in any locality where an inland waterway shall have been constructed or improved by the state, when, in its discretion, such appointment shall be necessary.
The term of office of harbor masters so appointed shall be for one year and they shall serve without compensation from the state.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-5 - General powers and duties

12:6-5. General powers and duties
Such harbor masters shall have authority, within the limits fixed by the board at the time of the appointment:
a. To supervise the use of the inland waterways in such locality;
b. To prevent permanent anchorage or obstruction of any character from being located therein;
c. To remove all temporary obstructions therefrom; and
d. In all other ways to protect the interests of the state and the public in the waterway by keeping it free from obstruction and open to navigation.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-6 - Powers with respect to power and other vessels using inland waterways

12:6-6. Powers with respect to power and other vessels using inland waterways
Such harbor masters shall have power:
a. To stop any vessel using any of the inland waterways of the state and to examine the same to see that it complies with the requirements of the law, whether in the matter of equipment, identification or otherwise;
b. To require the production of permits and licenses;
c. To arrest, without warrant, for violations of chapter 7 of this title (s. 12:7-1 et seq.) and any other laws of this state, committed in their presence;
d. To act as special officers for the detection and arrest of those who violate or infringe upon the provisions of chapter 7 of this title (s. 12:7-1 et seq.) and other laws relating or pertaining to the operation of vessels on the inland waterways and for the violation of the rules and regulations of the board; and
e. Generally to act as special officers for the enforcement of the laws of this state pertaining to power and other vessels, their operation and maintenance, and the enforcement and observance of the rules and regulations of the board.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-7 - Regulating traffic on inland and other waterways

12:6-7. Regulating traffic on inland and other waterways
Such harbor masters shall have authority to regulate all water traffic on the inland waterways and upon other waters under the jurisdiction of the state, and shall have explicit powers to enforce all laws and regulations relating to or regulating traffic or inspecting the equipment of vessels on such inland waterways and other waterways within the control of the state.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-8 - Powers of board; assistance of municipalities and counties

12:6-8. Powers of board; assistance of municipalities and counties
The board may improve, by deepening and widening as it shall deem advisable, such streams, creeks, rivers or inlets as connect with or are tributaries to the inland waterway system or that connect with or flow through any of the tidal waters bordering or adjacent to the Atlantic ocean.
The board may engage in such improvements in conjunction with any municipality or county through which any of such streams, creeks, rivers or inlets flow or are adjacent to.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-9 - Improved streams to be part of inland waterway system

12:6-9. Improved streams to be part of inland waterway system
Any stream, creek, river or inlet that is improved pursuant to section 12:6-8 of this title shall constitute and form a part of the inland waterway system of this state and shall thereafter be maintained as such by the state.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-10 - Contracts by board for improvement of streams

12:6-10. Contracts by board for improvement of streams
When the necessary and required funds are provided for and included in any annual or supplemental appropriation bill, the board may proceed with any or all improvements authorized by section 12:6-8 of this title and enter into contracts for the necessary work to be done therefor, after first advertising as required by law.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-11 - Federal aid for improvement of tributaries

12:6-11. Federal aid for improvement of tributaries
The board may apply to the federal government for financial aid for the improvement of tributaries to the inland waterway system, and enter into agreements with the federal government whereby such federal aid will be granted, upon condition that the improved tributaries will, after federal aid improvements are completed, be maintained by the board.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-12 - Maintenance of tributaries improved with federal aid

12:6-12. Maintenance of tributaries improved with federal aid
After the completion of the improvement of any such tributary with federal aid, the board may, in its discretion, maintain such improvements at the expense of the state and for that purpose may use any moneys coming into its hands and not otherwise specifically appropriated or set aside.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-13 - Permit from board; conditions

12:6-13. Permit from board; conditions
Every permit granted by the board for dredging in the Manasquan river, or in the Shark river west of the New York and Long Branch Railroad, shall contain a provision requiring the holder of the permit to dredge in such a manner as to establish a maximum mean low-water depth of fifteen feet over the area dredged, and requiring the dredging to be of a uniform average depth, with due allowance for the normal rise and fall of the tide. No holder of any such permit shall be permitted to leave any undredged areas upon the completion of the dredging.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-14 - Violations; penalty

12:6-14. Violations; penalty
The holder of a permit violating any of the provisions of this article or any of the conditions of the permit, shall be liable to a penalty of five hundred dollars ($500.00) to be recovered in a civil action in the name of the department. Such penalty, when recovered, shall be for the use of the State and payable into the State treasury.
Amended by L.1953, c. 12, p. 102, s. 9, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-19 - New Jersey Intracoastal Waterway; conveyance of Manasquan-Bayhead canal to the United States

12:6-19. New Jersey Intracoastal Waterway; conveyance of Manasquan-Bayhead canal to the United States
It is hereby declared to be the policy and purpose of the State of New Jersey to co-operate with the United States in a project for the improvement of the New Jersey Intracoastal Waterway. In order to effectuate such policy and purpose, the Commissioner of Conservation and Economic Development, acting for, on behalf, and in the name of the State of New Jersey, is hereby granted the following authority and powers:
(a) To transfer and convey to the United States, on such terms and conditions, in such manner and by such instrument as shall be agreed upon between the commissioner and the United States, all the right, title and interest of the State of New Jersey in and to the lands, easements, water rights, and structures other than bridges, which the State has heretofore owned or acquired and used for the construction, operation and maintenance of the Manasquan-Bayhead canal; provided, however , that this transfer shall not become effective until there has been appropriated to the use of the trustees of the fund for the support of free public schools such sum as shall be determined by a majority of the Planning and Development Council, with the approval of the Governor and the Commissioner of Conservation and Economic Development, to represent the fair value of the riparian lands and rights ceded by this act to the United States.
(b) To agree to furnish, free of cost to the United States, all lands, easements, rights-of-way, and spoil-disposal areas required for the improvement of the New Jersey Intracoastal Waterway, and for its maintenance henceforth.
(c) To agree to provide for the maintenance and operation of all existing highway and railroad bridges over the Cape May canal section of the New Jersey Intracoastal Waterway, and to provide for the reconstruction, maintenance and operation of all existing highway and railroad bridges over the remainder of said waterway.
(d) To transfer and donate to the United States all navigation aids now maintained by the State in the New Jersey Intracoastal Waterway.
(e) To agree to save and hold the United States and its agents free from any claim for damages which may arise from the work of improving the New Jersey Intracoastal Waterway, other than claims arising from the tortious acts of agents or employees of the United States.
(f) To do all other acts and things necessary or convenient to carry out the powers expressly granted by this act and to effectuate its purpose.
L.1950, c. 333, p. 1109, s. 1. Amended by L.1951, c. 14, p. 40, s. 1, eff. April 2, 1951.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6-20 - Severability clause

12:6-20. Severability clause
If any provision of this act shall be held invalid, such invalidity shall not affect the other provisions hereof which can be given effect without the invalid provision or provisions, and to this end the provisions of this act are declared to be severable.
L.1950, c. 333, p. 1110, s. 2.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6A-1 - Beach protection; powers

12:6A-1. Beach protection; powers
In addition to the powers conferred by the provisions of the act to which this act is a supplement, the State Department of Conservation and Economic Development is hereby authorized and empowered to repair, reconstruct, or construct bulkheads, seawalls, breakwaters, groins, jetties, beachfills, dunes and any or all appurtenant structures and work, on any and every shore front along the Atlantic ocean, in the State of New Jersey, or any shore front along the Delaware bay and Delaware river, Raritan bay, Barnegat bay, Sandy Hook bay, Shrewsbury river including Nevesink river, Shark river, and the coastal inland waterways extending southerly from Manasquan Inlet to Cape May Harbor, or at any inlet, estuary or tributary waterway or any inland waterways adjacent to any inlet, estuary or tributary waterway along the shores of the State of New Jersey, to prevent or repair damage caused by erosion and storm, or to prevent erosion of the shores and to stabilize the inlets or estuaries and to undertake any and all actions and work essential to the execution of this authorization and the powers granted hereby.
L.1940, c. 52, p. 161, s. 1. Amended by L.1946, c. 258, p. 901, s. 1; L.1950, c. 31, p. 64, s. 1; L.1954, c. 106, p. 578, s. 1; L.1966, c. 212, s. 1, eff. July 28, 1966.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6A-2 - Power to use facilities and services of other governmental agencies

12:6A-2. Power to use facilities and services of other governmental agencies
The Division of Navigation is further authorized and empowered to use the facilities and services of any branch of the Federal Government or of the State Government, or of any county or municipality within the State, and any funds which may now be available or which may hereafter be appropriated by the Federal Government, or any division of the State Government, or of any county or municipality within the State for the purpose of beach erosion, and beach protection.
L.1940, c. 52, p. 161, s. 2. Amended by L.1946, c. 258, p. 901, s. 2.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6A-3 - Dredging; erection of bulkheads

12:6A-3. Dredging; erection of bulkheads
The Division of Navigation is further authorized and empowered to dredge and remove any and all obstructions in every waterway or stream in the State of New Jersey to a depth and width to be determined by the council of the Division of Navigation and to erect such bulkheads, breakwaters, groins or jetties as are necessary to prevent erosion and stabilize the shore in the vicinity of any inlet along the coast of the State of New Jersey.
L.1940, c. 52, p. 161, s. 3. Amended by L.1946, c. 258, p. 901, s. 3.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6A-4 - Repair and reconstruction of certain bulkheads

12:6A-4. Repair and reconstruction of certain bulkheads
The State Department of Conservation and Economic Development is authorized and empowered to repair, reconstruct, or construct bulkheads, seawalls, breakwaters, groins or jetties along the New Jersey shores and estuaries of Upper New York bay, Lower New York bay and Newark bay to repair damage caused by erosion and storm, to prevent erosion and to stabilize the estuaries.
L.1960, c. 104, p. 591, s. 1, eff. Aug. 1, 1960.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6B-7 - Rules, regulations.

12:6B-7 Rules, regulations.
11. a. The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary to effectuate the purposes of this act.
b. The Department of Transportation shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary to effectuate the purposes of this act.
L.1997,c.97,s.11; amended 2001, c.429, s.16.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6B-8 - Limitations on administrative costs

12:6B-8 Limitations on administrative costs
12. The Legislature may, in the annual appropriations act or in any other act, limit the amount of funds appropriated from the "1996 Dredging and Containment Facility Fund," established pursuant to section 18 of P.L.1996, c.70, that may be expended for any direct or indirect program administrative costs of the State, its departments, agencies, or authorities.
L.1997,c.97,s.12.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:6B-9 - Reuse of dredged materials for certain purposes

12:6B-9. Reuse of dredged materials for certain purposes
1. a. Any dredged materials removed from the New York and New Jersey harbor area may be reused for a beneficial purpose, including, but not limited to, landfill cover for a sanitary landfill facility, contaminated site remediation, or construction fill, provided that the use of the dredged materials is otherwise consistent with provisions of federal and State law, or any rule or regulation adopted pursuant thereto.
b. The Department of Transportation and the Department of Environmental Protection, and any other State department or agency, as appropriate, shall consider the beneficial use of dredged materials in any State-funded project, where appropriate, including, but not limited to, road construction projects and publicly funded site remediation projects.
L.2003,c.146.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-23.2 - Muffler requirement.

12:7-23.2 Muffler requirement.
2. Every power vessel used on the waters of this State shall at all times be equipped with a muffler or muffler system in good working order and in constant operation. A person shall not use a muffler or muffler system cutout, bypass or similar method or device designed to prevent or diminish the operational capacity of a muffler or muffler system installed on a power vessel used on the waters of this State. Decibel levels exceeding the limits established pursuant to rules and regulations as measured by a noise meter operated by a trained Marine Police officer or municipal law enforcement officer shall be evidence of a violation of P.L.1987, c.269 (C.12:7-23.2 et seq.). For the purposes of P.L.1987, c.269 (C.12:7-23.2 et seq.), muffler means a sound dissipative device or system which abates the sound of gases which are emitted from an internal combustion engine and which prevents excessive or unusual noise.
L.1987,c.269,s.2; amended 2005, c.292, s.2.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-23.3 - Sales regulated

12:7-23.3. Sales regulated
A person shall not sell or offer for sale in this State any power vessel which is not equipped with a muffler or muffler system in good working order, or which does not comply with specifications for mufflers or muffler systems as may be required by the rules and regulations adopted by the Boat Regulation Commission established pursuant to section 14 of P.L. 1962, c. 73 (C. 12:7-34.49). The Boat Regulation Commission may by rule or regulation exempt from the requirements of this section certain types of power vessels designed and constructed solely for participation in racing events.
L. 1987, c. 269, s. 3.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-23.4 - Racing exemption

12:7-23.4. Racing exemption
The provisions of this act shall not apply to power vessels registered and actually participating in racing events, or tuneup periods for racing events, when authorized by the Division of State Police in the Department of Law and Public Safety or by any other public authority with the approval of the Division of State Police.
L. 1987, c. 269, s. 4.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-23.5 - Violations, penalties

12:7-23.5. Violations, penalties
5. A person who violates any provision of this act or any regulation adopted pursuant to this act is subject to a fine of not less than $100 for the first offense, $300 for the second offense, and $500 for the third and each subsequent offense.
L.1987,c.269,s.5; amended 1995,c.401,s.19.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-23.6 - Fines to State

12:7-23.6. Fines to State
Notwithstanding the provisions of N.J.S. 2C:46-4 or any other provision of law, rule or regulation to the contrary, all fines imposed and collected pursuant to this act shall be remitted to the State Treasurer by the court imposing and collecting the fines and shall become part of the General Fund of the State.
L. 1987, c. 269, s. 6.
2023 New Jersey Revised Statutes › Title 12 - Commerce and Navigation › Section 12:7-34.35 - Repeal

12:7-34.35. Repeal
Sections 12:7-1 to 12:7-34 inclusive of the Revised Statutes are hereby repealed.
L.1954, c. 236, p. 880, s. 35, eff. Dec. 8, 1954.