Tideland and Riparian Fees In New Jersey Hugely Increased!
Date: Thursday - May 6, 2010 6:15 PM
The DEP / BTM has agreed to lower the original 49 cents per square foot to 33 cents per square foot
which is a saving of 33% to the NJ Clubs. Sadly, they would not budge on the 2 foot buufer, but they did
create a third catergory for NJ boat clubs. I think our efforts on this paid off and we can consider this a
victory for our NJ clubs. Lots of hard work and many hours were put into this issue and thanks has to go
out to Nick Casey for taking on this concern not only for his home club Yapewi AC but for all the NJ clubs
on the river. I have sent letters to BTM Manager Ratzman and his fellow Board Members thanking them
for allowing us to speak on our concerns and for all their help on this issue.
Take care and hope you and your members all have a safe and happy boating season!
Juice
Date: Wednesday - March 28, 2010 6:15 PM
As planned, Nick Casey spoke to The DEP / BTM Manager Ratzman and Board Member Castagna today regarding the riparian fee increase. Below are the details to their conversation as well as my response to Nick. Please let Nick and myself know if you have any thoughts on this and if you plan on attending the May 5th meeting. I would also like to ask that it would be very helpful if you could please email me digital pictures of your pilings where they come in contact w/ the docks and any fixed piers and or boat ramps on your property.
Take care and hope to see you all soon at your Opening Days
Juice
Paul Jusino wrote:
Thanks Nick ... I will send this out when I get home. My thoughts are I really feel we should present a case to the Board Members showing them that dock pilings are fixed and can not move 2 feet and the same goes for fixed piers and boat ramps. With fixed pilings, when the docks and piers are placed in each year they are pretty much in the exact spot as the year before. Which means this 2 foot buffer basically increases the fee to clubs for no apparent reason. We should take pictures of various clubs pilings - which I am ready and prepared to do. We could have these pictures blown up of possibly do a Power Point presentation. We could also ask that each club send us pictures of their pilings along with the hardware involved in holding the docks and piers in place in effort to show the Board ( who I am sure many have no idea how a dock is held in place) that what we are stating is very true. As for the sq ft fee - the 33% decrease in the original fee I think is fair - still costly, but fair. I do like the fact that they included Hardship in the last paragraph of the policy - I would hope that clubs use this clause and file for this hardship in an effort to lower their fee.
Thanks again....
Juice
Date: Wednesday - March 28, 2010 5:15 PM
Nick Casey spoke with Ken Ratzman and Rich Castagna this morning regarding the issues
which is outlined below:
1. They are not budging on the 2' buffer around the docks, although
they have no strong rational for it.
2. They agreed that the 2' buffer around bulkheads will not apply
because they are attached upland. They are insisting on a 2' buffer around
boat ramps and fixed piers, even though they acknowledge that they are
attached to upland, and are fixed permanent structures, similar to
bulkheads. They included fixed piers and boat ramps with 2' buffers in
calculating the average square foot fees for the floating docks, therefore
they are unwilling to change that policy.
3. They want to establish a statewide fee for all boat clubs
regardless of the differences in regional land values.
4. They will not budge on the requirement for the survey and metes
and bounds descriptions. In discussing the issues further, the real reason
is they want fixed discriptions tied to the state plane coordinate system
which they can put on the state's GIS system.
5. They did acknowledge that there was an oversight in not
including a condition that if fees increase by more than 2 1/2 times the
previous fee, the increase will be phased in over a 5 year period (which
will be very helpful). (Rich Castagna argued that they had already agreed
not to make the increases retro-active, so the phased increase should not
apply, however, Mr. Ratzman agreed that they had already agreed at our
meeting on March 11th that the increase would be phased if they were
significant.)
Mr. Ratzman acknowledged that they would include language to allow winter
storage of the docks in tidal areas other than the license area specifically
defined. I am not sure if this will benefit other clubs, however, Yapewi
stores it's docks in a protected area during the winter.
Nick told Mr. Ratzman that he would pass this information on to the other clubs,
and would let him know if any other representatives plan to attend the
meeting on May 5th and would let him know in advance of any issues which we
might intend to raise before the Council. Nick does not believe that they will
consider any further reduction in the square foot fee. He plans to attend the
meeting and intends to discuss the 2' buffer requirement particularly in
connection with the fixed piers and boat ramps; and see if they will
consider adding language to the survey requirements such as "or such other
documentation which accurately depicts the locations and area of the docks".
We may be able to use GPS coordinates tied to the state plan system which
illustrate the limits and angle points of the docks, which may be less
expensive than a complete survey and metes and bounds description.
Date: Monday - March 27, 2010 5:15 PM
I just received new policy from Tidelands. Nick Casey is going to reply to
Rich Castagna to see if he and Ken would have time for a telephone conference
on Wednesday or Thursday to discuss any comments that we have and to try to
see if we can work out a few things that would be more beneficial. They are
establishing a $0.33/sf fee. Clubs who's licences have expired will charge for
any back payments due based on the previous fee structure. The license term
will be 10 years with an adjustment in the 6th year based on the consumer price
index. They are requiring a survey of the docks. They recognize a disparity in property
values between the bay and ocean shore region and the Delaware River region,
so I want to see if we can't get at least a slightly lower fee for the clubs
along the Delaware River. I also want to argue again for a less costly
certification of the license area without the expense of a survey. There
are a couple of other points I also intend to make.
Date: Thursday - March 11, 2010 5:25 PM
The meeting this afternoon with the BTM regarding Riparian Fees went very well. We went into this meeting hoping hoping for 3 things -
1) The creation of a 3rd category for boat clubs ( non profit boating organizations )
2) No 2 foot buffer in the calculation of fees
3) a fee lower than the 49 cents per sq/ft fee they are at now
At the end of the meeting they were in agreement that there should be a 3rd category, they seemed dead set not to budge on the buffer and when a price of 25cents per sq/ft was presented to them - they seemed as if to nibble on the line.
So, basically, after 2 hours of discussion, the BTM Acting Manager ( Ken Ratzman ) said he was going to take everything we presented today into consideration. He also stated that he would have to present these terms to his Board / Council for approval.
My thoughts on this - they were very receptive and seemed to actually want to do the right thing. Before leaving the room Bob Bocock and I were talking to Mr. Ratzman and Bob made mention " seems that we are just down to numbers now " and Mr Ratzman agreed - so - very possible that 2 out 3 of our agenda points could be a reality.
We will see how this goes. I will be calling Mr Ratzman in the morning to again thank him for meeting with us and to ask him if he would like anymore input or help with any wordings / definitions from us - if so we will be meeting again to work on this.
I would like to send out a HUGE thank you to Nick Casey for his efforts on this and to Bob Bocock for input as well. Bordentowns Katie Ross and Melanie Horahan need to be thanked as well for their research and input. It was a very coordinated effort.
Bottom line - we came together as a group, addressed this issue and we hopefully will have a positive effect with the outcome on this concern.
Date: Wednesday - February 10, 2010 8:25 PM
We will be meeting at Farragut SA on February 22 ( 7:00 PM ) to work on and go over ideas that we can present to The DEP / BTM on the this increase. The meeting w/ The DEP / BTM will be on March 11 in Trenton NJ.
Date: Friday - February 5, 2010 8:45 AM
Good Morning Everyone,
Yesterday morning was the DEP / BTM Counsel Meeting in Trenton NJ regarding the policy change to the Riparian Fee increase. This meeting was attended by a 1/2 dozen or so DRYL / NJ club members. When the topic came up, Madam Chairperson heard from The BTM Acting Manager on his policy request / change after which the floor was then opened to the public to address the Council and give thoughts on the policy.
Nick Casey - Yapewi AC spoke on how he has had much trouble contacting and speaking to people regarding past bills and how when he started getting info the numbers were extraordinarily off from past bills. He also asked that the survey that they are requiring clubs to do should be dropped as information on permits would give the same info as the survey and would save the clubs an added expense. A reply from a Council member ( who said he belonged to 3 YCs ) was that - 'yes that is correct, however during the season at his club, Junior members might need a floating pier and they add that to the water - so I am in favor of the survey' ?????? This comment made no sense - as in either case, survey or permits, a floating dock could be added in the future at any time ???
Melonie Horahan - Bordentown YC, Roy Vollmer - Riverton YC and Gary Lawyer - Farragut SA also all spoke on behalf of their clubs and gave their thoughts on the fee policy change.
I also spoke briefly stating the DRYL was present to support our 16 clubs in this matter and that we support / echo Mr. Casey's thoughts and opinions as he is the most knowledgeable and experienced person in our organization regarding thee fees as he has been dealing with this issue for 20 plus years for YAC. I also requested that the Council please withhold from voting on this issue until we have a chance to sit down and meet with the BTM to discuss and address these fees as well as speak about Yacht Clubs as there seemed to be a lot of unanswered questions regarding YACHT CLUBS among the Council.
I must say the Council was very receptive and Madam Chairperson also showed concern and interest. It was decided to have the BTM meet with us again in the very near future to come up with a plan that works for all involved. It was also decided that ALL concerns on this issue when addressed either by email or by phone that the issue is frozen until it is addressed at the April meeting. It was also mentioned that all back fees for those clubs that were not billed in 2007 & 2008 would be billed at the old rate should they want to bring their fees to date.
All in all, I must say that I left that meeting with a good sense and a positive feeling that the council and members were very interested to make this right -
After the meeting our small group gathered and discussed a plan .... the plan as it stands now is to have ALL 16 NJ clubs to meet in a central location ( to be determined ) very SOON and discuss / come up with folders of each club. Right now there are 2 categories that they bill - Marinas and Residents... Marinas pay 6% or 7% of their annual income, Residents will pay 49 cents per Sq Ft. which is what they want Yacht Clubs to pay. A 10 year plan is being sought where after 5 years the fee can be reevaluated for the remaining 4 years. I am hoping that the YC clause can state 10 year term with no increase. So, it would be in our better judgment to show a strong case to the BTM that Yacht Clubs should not be in the same category as residents. Just a couple examples ( and there are more ) are Residents in no way do what we do for the community and children in the community, residents that have docks post 'Private Keep Off' -, our clubs always accept boaters who are in trouble ALL THE TIME - also, many of our clubs host emergency watercraft and many others allow local authorities the right to use their docks and facilities in search and rescue operations and other water emergencies.
So, we have much work ahead of us and it needs to be done quickly as the Council wants to put an end to this at the April Meeting. We are awaiting a date to meet with the DEP / BTM so we should have a min. of at least one meeting between the NJ clubs ...
I would hope that all the NJ clubs respond to this - step up an be heard or get a fee increase that could and will affect your finances...
Please pass this info on to your Commodores and BODs ....
Nick Casey ncasey@quakergroup.com,
John Honer jaykh@aol.com
and myself await your replies ...
Take care ....
Juice
Date: Monday - January 25, 2010 8:41 AM
Date: Sunday - Febuary 17, 2010 8:415 PM
Date: Wednesday - January 7, 2010 7:30 PM
It was brought up at a DRYL Delegate Meeting that NJ has
made some changes regarding their Riparian License Fee as well as their fees
for docks and moorings. Our DRYL New Jersey
Legislative Director John Honer ( C.C.Y.C. ) and Nick
Casey of Y.A.C. are working on a plan to see if legislators will see the err in
their ways and reconsider the huge increase that they are proposing on New
Jersey Clubs, Homeowners, and Marinas. They
will be spearheading a committee of NJ Club Delegates to come up with a plan on
this concern. So it is very important
that ALL NJ DRYL Clubs fill out the form that was given to your delegates last
month – there is a link here as well for that form. If you plan to call legislators about this
please contact John or Nick first and ask them who to speak to. It might be better to concentrate on contacting
one person with our questions and concerns rather than have conversations and things
get lost in the system. Again, please contact John Honer
or Nick Casey with any questions about this. Nick - ncasey@quakergroup.com John - jaykh@aol.com Here is a letter that I got from Nick as well as a couple
links relating to this issue. Take care
and feel free to contact me as well with any concerns … Juice Hi Juice – Pursuant to our telephone conversation, I have attached a
copy or the Fact Sheet for Tidelands and also for Coastal Permitting. If
NJ Clubs which own dock facilities do not have Riparian Licenses or Coastal Permits,
the issues become a little more complicated. The Riparian License is
required in order to establish rights to install docks, moorings, boat ramps,
etc. in tidal waters. Waterfront Development Permits, Water Quality
Certifications and Army Corps of Engineer Permits are required to permit the
construction/installation of the facilities. Coastal Wetland and/or
Freshwater Wetlands Permits may also be required if wetlands exist in or near
the area of the facilities. One basic problem is that clubs who may have
been operating facilities without the proper license and permits could be
subject to fines, however, continuing to operate without proper license and
permits exposes them to possible enforcement actions. Clubs which do not
own docking facilities, but are leasing docks at commercial marinas should not
be affected, because the commercial marinas are responsible for complying with
the licensing and permitting requirements. The Bureau of Tidelands Management in now looking
differently on the license fees for “Clubs”. The do not consider them as
commercial marinas because they are not open to the public and the dock fees
are typically much less than commercial marinas. The annual fees for commercial marinas is calculated as 6% of potential
income. The Clubs and residential properties were previously based on the
assessed value of the upland property, however, the
Bureau of Tidelands Management recently changed the policy for residential
properties and is basing the annual license fee on $0.49/square foot of
tidelands license area. They are now applying the residential policy to
“Clubs”. In the case of Yapewi, that would increase our license fee from
$1,610.00/year, which we have been paying since 1999, to $52,000.00/year,
however, they are looking at basing it only on the area of the footprint of the
dock, which would be between $3,500.00 and $4,000.00 per year. We are
continuing to argue that the dock facilities owned and operated by Yapewi are
the same as the same as commercial marinas, the only difference is that as a
Non Profit Corporation, the income from the docks is limited. I have also enclosed a Riparian License Data Sheet which
would be helpful in determining the current status of the various Club’s facilities. The information would also be
helpful to determine if there is a common link among the clubs which could be
used to justify a different classification with the Bureau of Tidelands
Management in reaching a fair and equitable license fee. If any of the clubs would like to discuss the issues with
me, I would be happy to talk with them. I would prefer talking with all
of them collectively, since we should all have common interests. Nicholas C. Casey Vice President of Development The Quaker Group Tele. No. (856) 627-1809 (Office) Fax No. (856) 627-0172 (Office) Tele. No. (609) 298-4892 (Home) Cell No. (609) 203-2686 E-Mail ncasey@quakergroup.com Here are links to the Facts Sheets that Nick sent me … NJ Tidelands Program - http://www.state.nj.us/dep/landuse/tideland.html NJ Coast Lands - http://www.state.nj.us/dep/landuse/coast.html NJ Club Form – http://www.dryl.org/2007/Riparian
License Data Sheet.doc
Morning everyone -
I spoke with Mr. Ratzman last night and as his email states - he needs ideas / input from the NJ clubs as to how to handle this fairly for all involved. He seems like a guy who is open to suggestions and understands why we oppose the increase. He states that he is now aware of the situations that clubs are in and wants suggestions to him and his staff as to handle this policy change / makeover. I will touch base w/ John Honer and Nick early in the week and discuss different options to throw at them prior to the BTM meeting. I would highly recommend that each club send a delegate or rep to this meeting so that they can give Mr Ratzman and the BTM their clubs situation- I would also like to see that each club contact John, Nick or myself with your clubs information - such as slip fees, mooring fees, dues, etc. so that we can compare these to shore marina / clubs and somehow come up with different groups as to how they should be billed. Mr. Ratzman is aware that clubs all over NJ charge different rates / fees for boaters. He is aware that some clubs charge high slip fees and memberships fees ( jersey shore ), while some clubs charge nominal membership fees and low slips fees or mooring fees ( like our clubs ). He wants to be able to differentiate and do what is fair for all parties involved. So, bottom line here is we need you to let us know your info ASAP so that we can come up with a plan that the DEP / BTM will accept. Please pass this on to your Commodore and or BODs ASAP - If you sit on this, a policy will be made without your input and an increase that more than likely will affect your clubs financial situation . Help us help you ... thanks much and hope to hear from you soon!
John Honer- DRYL
Hello Everyone....
John Honer our NJ Legislation Director emailed this link to me asking me to post it on the website.
I will be posting this on the website but wanted to make sure that our NJ clubs got this info ASAP.
I think it is in the best interest of every NJ club to call, send an email AND letter to their Senator and
Assemblyman or woman letting them know how unfair and unjust we feel this increase is.
We need to bombard them with letters before the scheduled meeting on the 3rd of February.
I also think that every NJ club should have a representative at this meeting to show their opposition.
Many clubs have not gotten their applications from then state yet and do not know their increase and are laying back??
I would suggest not waiting until your application comes in the mail before getting involved - now is the time if we have any chance at all in nipping this in the butt.
For those clubs that have gotten their applications and know their increase - please put in the letters the amount you last paid and what they are asking you to pay now.
Also, I was just informed that John and Nick have only gotten 2 of the forms back that we asked all NJ clubs to fill out so that they could have a contact from each club???
Not sure why this is ??? Either way, you now have to go after your legislators and make them aware of this ridiculous increase.
John feels and I agree, that we need to also contact Ken Ratzman from the Bureau of Tidelands Management with our feelings as well. He can be contacted at ...
State of New Jersey
Department of Environmental Protection
Bureau of Tidelands Management
P.O.. Box 439
Trenton, NJ 08625-0439
Phone: (609) 292-2573
I am going to have a letter drawn up from our Public Affairs Officer and sent out to ALL the NJ Legislators as well as Mr. Ratzman from the league.
Please pass this on to you Officers / BODS ....
Juice
Here is the link … http://www.njleg.state.nj.us/members/Roster.asp