The Marine Trade Association of New Jersey is standing against provisions in a sweeping state Department of Environmental Protection proposal, while in the Bay State the Massachusetts Marine Trades Association is calling for action on proposals that would be negative for marine businesses.

In New Jersey, the proposal is extensive and would implement sweeping regulatory changes across various permitting programs, affecting new development, redevelopment and even substantial improvements to existing development.

More specifically, included are amendments, repeals and modifications to the Coastal Zone Management rules, Freshwater Wetlands Protection Act rules, Flood Hazard Area Control Act rules, and Stormwater Management rules, as well as additional rules that cross-reference these four chapters, as part of a comprehensive update of the state’s Land Resource Protection program.

The MTA/NJ has participated in and testified at the public hearing and submitted written comments. MTA/NJ member, Coastal Environmental Consulting, has prepared an analysis and found serious concerns over the rule proposal that seeks to add more regulatory requirements that will impact marine businesses.

“The effects of this proposed rule will negatively impact marinas and marine support businesses, all of which are water-dependent and exist to provide access to our waterways and important boating infrastructure and services,” MTA/NJ executive director Melissa Danko testified at recent hearings.

“To prohibit upkeep, maintenance and expansion of these facilities will lead to their eventual demise and conversion of these valuable resources to other private development. This would be a devastating loss of water dependent uses,” she added. “Without these businesses, there would be no infrastructure, services or supplies for people to get out onto our New Jersey waterways and go boating and fishing. Moreover, impervious cover limits, expanded flood hazard areas, new riparian zones, and triggers added to the definitions of major development will restrict these businesses needing to obtain permits for construction, redevelopment or expansion.”

The MTA/NJ is calling for exempting all marinas and marine support facilities from the proposed rule, as they are water-dependent uses and should not be subject to the same requirements as other facilities.

All members and business with interests in New Jersey’s marina industry are urged to submit written comments, which must be made by Nov. 7. Simply state you are opposed to the NJDEP’s current proposal. But do it now — the number of objections count.

Meanwhile, the Massachusetts Marine Trades Association is vigorously opposing proposed changes to the longstanding Wetlands Protection Act. They are widely anticipated to be the most significant changes in 40 years.

For MMTA members, the most significant proposed change would be “performance standards” for work/activities within the resource area known as “Land Subject to Coastal Storm Flowage.” That’s because the changes include a proposed ban on any new structures in these areas if they are also in federally defined “velocity zones.”

There is a general exemption proposed for new boat ramps, docks, and piers but not in velocity zones. MMTA’s major concern is that he proposal does not include an exemption for “water-dependent” structures. Essentially, it means that marinas and boatyards would only be permitted to construct new docks and piers, but not any of the needed supporting structures related to those facilities, such as boat storage and service buildings or even boat sales offices or crew quarters.

MMTA has been communicating with the MassDEP and Gov. Maura Healey’s offices, through meetings and conversations and formal written comments, that MMTA is explicitly requesting the new Wetlands Regulations include an exemption to the new structure ban for all new “water-dependent” structures, as well as for all new docks and piers.

In anticipation of the regulations, MMTA’s legislative representatives (member Buchanan & Associates) are recommending that any MMTA members with property in velocity zones do whatever is possible to submit a “Notice of Intent” for any buildings desired at any point in the future, before the proposed regulations might take effect. (The new regulations are thought to apply only to Notices of Intent not yet filed at that time.)

The final regulations are expected to come down early in 2025.