Frequently Asked Questions
1. What is the Walkway?
The Hudson River Waterfront Walkway (The Walkway) is a linear pathway constructed at the edge of the Hudson River, extending 18.6 linear miles from the Bayonne Bridge in the south to the George Washington Bridge in the north. It was adopted into New Jersey Administrative law in 1988. It requires a 16-foot-wide paved walkway to be built within a 30-foot linear easement along the entire length of any waterfront property. The waterfront property owner is responsible for maintenance of The Walkway. It also requires free, unobstructed access to The Walkway 24 hours a day. The easement is conveyed to the NJ Department of Environmental Protection which is responsible for the enforcement of the regulation.
2. What is the Hudson River Waterfront Conservancy?
A non-profit organization composed of volunteers from the 9 local communities along the Hudson River waterfront. The Conservancy was created in 1988 by the NJ Legislature to protect the right of the public to have access to, and free enjoyment of, the Hudson River waterfront. It works with the NJ Department Environmental Protection to monitor the maintenance, the usage, and the developmental projects of The Walkway.
3. Are bicycles permitted on the Walkway?
Yes, bikes are permitted with the same obligations of the biker as found in any urban area. In general, bicycles are ridden 24/7 with the following obligations:
- The speed of the bike should be the same as that of the walkers present in the area and the walkers as well as runners always have the right-of-way. The cyclists are to use a bell or other warning device to warn pedestrians that they are approaching. If the area is congested, common sense should prevail and the bicycle should be walked.
- In locations where the Walkway is less than 16 feet wide, bikes should be walked.
- Each of the 9 municipalities along the Hudson River waterfront has its own regulations for use of bikes on the streets of its town. Those regulations normally are applied to the Walkway and include bikers using caution and consideration of pedestrians. If the municipality sees areas that require a limitation on bike use, it may opt to curtail bike usage. Such limitations should be specifically noted in the municipal code and clearly posted so that walkers and joggers as well as bikers are aware of the restrictions.
4. New York City has a wonderful continuous pathway along the western side of Manhattan. Why has New Jersey been unable to get its Walkway completed?
The State of New Jersey makes the rules for the Hudson River waterfront which requires that all owners of waterfront property construct and maintain a section of the Walkway. As a result, the Walkway has been developed in a piecemeal fashion. The entire New York Walkway was built by a NY state agency which has jurisdiction over the entire waterfront in NY.
5. It doesn’t seem fair that the owners of riverfront properties have to bear the expense and maintenance of the Walkway in New Jersey. Isn’t this almost like “taking” a substantial amount of property while not paying for it?
If it weren’t for the Hudson River Walkway most of the development that has taken place along the waterfront over the last 40 years could not have been constructed. Here’s why.
In the early part of the 19th century the State determined that the shores of New Jersey belong to the general public, a declaration based on the Public Trust Doctrine. In the 20th century, the State defined the types of facilities and developments that are permitted. That list includes to this day “marine oriented, so called water dependent” uses such as ports, piers, docks, ferry terminals, factories¸ railroads and warehouses dependent upon waterborne deliveries. With the arrival of the Water Development Act the required “water dependent” uses now include areas for recreation by the general public. Remember one of the uses noted above must be in existence to allow waterfront development.
When the condominium and commercial development boom occurred on the Hudson River waterfront area and the developers applied for waterfront development permits, they used the recreational component of the Walkway as the required “water dependent” use. Without the Walkway, most of the waterfront development we see today would not have been allowed. Every owner of waterfront property, every condo association, every mall should be thankful for and protective of the Walkway. It’s the reason they exist.
6. Isn’t this a “taking”of private property?
The law is based on the Public Trust Doctrine which originated in Roman law, and which was passed into English medieval common law. These laws recognized that the ownership of “tidelands” (land below the mean high tide line) resided with the Emperor or King. These common law rights were considered to be inalienable and non-transferable by the crown to private ownership. (Urban Harbors Institute, University of Massachusetts Boston 2003). The Public Trust Doctrine was adopted into United States law. In 1972, the federal Coastal Zone Management Act was passed specifically granting public access to the waterfronts of the country. Following the requirements of that law, New Jersey passed its own CZM Act in 1980 with Regulations for the Walkway promulgated in 1984 and 1988. The Walkway regulations were challenged by the United States and New Jersey Home Builders Associations in 1999. The requirement for construction and maintenance of the Walkway was upheld by the District Court based on the fact that 90% of the land in question was below tidelands and had been filled in, and it remains the law today.
We depend on the generosity of people like you.
7. How does the Conservancy interact with the DEP?
The Conservancy reviews the plans for development of waterfront properties that require construction of the Walkway, making comments and recommendations to the DEP. We also act as “eyes and ears” of the DEP on the waterfront to identify and resolve compliance questions.
8. Why doesn’t the state of NJ provide funding for the completion of the Walkway?
Unlike New Jersey’s Atlantic shores, to which millions of dollars are directed every year for beach replenishment, the Hudson River receives minimal funding from the state for the completion of the shorefront. The NJ Green Acres fund has provided limited funding for waterfront projects.
9. When I see problems along the Walkway such as impassable snow-covered areas or overgrown foliage growing into the pathway, what should I do? What if I see shopping carts, benches or a lot of debris in the water? Who is responsible to clean it up?
The owners of waterfront property are responsible for the maintenance and upkeep of the Walkway and the shoreline across their entire waterfront property. The first step is to inform the property owner of the issue. If you do not wish to make the owner aware of the problem, contact the municipal town hall for the area in which you see the problem (there are nine municipalities in the Walkway area), and tell the Public Works Department about the problem. If the local municipality declines to enforce the municipal health and safety rules, or if action is not taken within a reasonable amount of time, contact the NJDEP Hotline at 1-877-927-6337(877-WARNDEP). In addition, e-mail the Conservancy at info@hudsonriverwaterfront.org and provide the information about location, and we will work with the NJDEP towards resolving the problem. Common violations that you may report to the NJDEP are:
- Blocked access by gates, signs or physical structure
- Restaurants, or other commercial activities encroaching on Walkway with structures, chairs, tables etc.
- Dangerous potholes or loose bricks
- Excessive debris on Walkway
- Broken benches or railings
- Overflowing trash cans/li>
- Lamp lights broken or not working
- Vegetation overgrown into Walkway
Please contact the local police if you observe disorderly conduct, vandalism or excessive speed by bicycles, e-bikes, etc…
10. Additional Q’s & A’s from the public
11. How do I contact the NJDEP?
- Phone hotline: 1-877-927-6337
12. How do I contact the Hudson River Waterfront Conservancy?
- Email to: info@hudsonriverwaterfront.org