Elizabeth, NJ Environmental Rules: Coastal Development (2026)

Union County has significant regulated coastal/tidal waters despite being inland of the Jersey Shore: the Arthur Kill (separating Staten Island), Newark Bay, lower Elizabeth River and Rahway River tidal reaches create regulated coastal zones along Elizabeth, Linden, Elizabethport, and Port Newark-Elizabeth areas. The NJ Coastal Area Facility Review Act (CAFRA, N.J.S.A. 13:19-1 et seq.) applies to certain portions; the Waterfront Development Act (N.J.S.A. 12:5-3) applies to all activities below mean high water and within 500 ft of tidal waterways. NJ DEP Division of Land Use Regulation administers. Projects include commercial, residential over 25 units, industrial, port, and energy developments. The Elizabeth waterfront (Port Newark-Elizabeth Marine Terminal, Elizabethport, Peterstown, The Mills/Elizabeth Gateway) has been subject to decades of redevelopment with Waterfront Development Act reviews and public access requirements under the Public Trust Doctrine. Tidelands claims (submerged lands historically tidal) require conveyance or license from the NJ Tidelands Resource Council under N.J.S.A. 12:3-1. FEMA Flood Insurance Rate Maps designate V-zones (velocity) and A-zones (storm surge) along Arthur Kill and Newark Bay; construction must meet NJ Flood Hazard Area Control Act Rules (N.J.A.C. 7:13) with elevated structures, flood-resistant materials, and often 2+ feet of freeboard above Base Flood Elevation. Sea level rise planning applies. Brownfields are widespread along Elizabeth and Linden waterfronts; Industrial Site Recovery Act (ISRA, N.J.S.A. 13:1K-6) requires environmental investigation and remediation triggered by ownership or operational change of industrial establishments.