|
American Littoral Society Joins Lawsuit to Thwart Challenge to Beach Access Rules (posted 09.10.08) Just as the 2008 beach season was winding down, the fight to protect public access to New Jersey’s beaches was heating up. The American Littoral Society is seeking to defend new rules which expand public access against the first lawsuit against them. The rules are meant to remove beach access barriers put up by towns and beachfront property owners. The rules protect existing access, and require that new access ways, parking and restrooms be provided when towns receive public money for beach nourishment or open space acquisition. Earlier this summer, the town of Avalon (Cape May County) filed a lawsuit challenging the “state aid agreement” that the New Jersey Department of Environmental Protection required it to sign to receive state funds to renourish their eroding beaches with new sand. In fact, Avalon had been granted an emergency beach renourishment prior to either signing or complying with the agreement in question because the town’s beaches had experienced such severe erosion and homes were in jeopardy. At first the suit was a challenge to technical aspects of the agreement itself; however, Avalon then amended its suit to directly challenge the beach access rules. That’s when we joined the fray. In late August, the Society was admitted to the case as amicus curiae (friend of the court). Since then, the towns of Surf City, Stone Harbor and the Freeholders of Cape May County have joined the challengers. This is the first legal challenge to the new rules, which were adopted by the NJ DEP in January 2008. The rules are a giant step forward for anyone interested in access to the ocean: fishermen, surfers, beachcombers, divers and the public. The Society’s advocacy played an integral part in developing the new rules and we continue to champion them, investing time and effort to counter disinformation being spread by opponents, as well as defend the idea that the shore belongs to everyone. As an amicus, the Society will ask the court to affirm the Public Access Rules adopted by the New Jersey Department of Environmental Protection so that the public may have and enjoy “reasonable access” to the Jersey Shore in accordance with the Public Trust Doctrine. We will cite examples of the many violations of the Public Trust Doctrine that have happened up and down the coast prior to the adoption of the rules. We will emphasize especially those instances where the public have paid for beach renourishment. Avalon and the other towns are claiming that the rules place an unfair burden on them – despite receiving millions of dollars from the state for beach nourishment. Ironically, when the NJ DEP evaluated what additional steps Avalon needed to take to be in compliance with the new rules, it found that the town need only provide one bathroom, for which the state would provide funds. These beach access rules are critical to protect the right of all New Jersey residents and visitors to our state to access the shore. Without these rules (and their enforcement), the headline that ran in the Canadian Press will certainly be an accurate reflection of New Jersey’s message to tourists and to its own people: “Welcome to the Jersey Shore—Now Go Home.” Read our press release For additional resources, scroll down to the bottom of this page.
BEACH ACCESS UNDER ATTACK (08.15.08 - Coastal Reporter)The American Littoral Society has fought long and hard for every citizen’s right to have access to the New Jersey coast—long because we’ve been fighting this fight since the 1960s and hard because the pressure to privatize the coast for the exclusive enjoyment of a privileged minority is further fueled by short-sighted, part-time politicians who believe selling the birthright of all for ratables that benefit a few is the way to secure their town’s futures.
After participating in the NJ joint committees on the environment 3rd Annual Hearing on the Coast, it appears that this fight is going to be longer and harder than we thought. Following the public testimony led by our executive director, Tim Dillingham, the committee members commented on what they had heard. With few exceptions, each began his or her comments with, “I believe that all citizens have the right to access our beaches, BUT . . .” Each “but” prefaced another strategy to chip away at the groundbreaking beach access rules introduced by the NJ DEP in January of this year.
Municipal Responsibility: The Society was closely involved in shaping the new access rules and has worked with the NJ DEP to promote their understanding and acceptance by the public. In essence, the rules are designed to prevent denial of access by inconvenience as practiced by many municipalities—providing no parking or amenities such as rest rooms. The rules require municipalities that receive taxpayer funds to replenish their beaches to provide access points every ¼ mile and restrooms every ½ mile. They must also provide parking. In exchange, towns can charge reasonable fees to support the operation and maintenance of their beach programs.
To us, allowing the people who paid for the sand to use the beaches is not an unreasonable requirement—unless distorted by people who have not read the rules or who have been misinformed by those with other agendas. At the hearing, one committee member (who shall remain nameless) stated that the rules should be amended because they required private homeowners in his jurisdiction to build a restroom for beach goers when they wanted to build on their lot.
Earlier this season, the town of Avalon held up a much needed beach replenishment project for its own beaches because it feared the cost of compliance with the access rules. When the town finally went forward, the NJ DEP’s access assessment revealed that the town was already in compliance with respect to number of access points and parking and needed only to add one restroom (funds for which are available from the state, in accordance with the access rules.) Access Easements: In a case of cutting off their noses to spite their faces, beach replenishments projects on Long Beach Island have been delayed because property owners will not grant easements for access. The easements in question are not a requirement of the NJ DEP access rules, but a requirement of the U.S. Army Corp of Engineers, which is funding the projects. The government wants all ocean front property to grant permanent access easements to allow for the sand and work to replenish the eroded beaches. These easements will become documented on the deed and will transfer when the property is sold.
Access via marinas: The portion of the DEP rules that affect marinas have caused much contention. The NJ Marine Trades Association and its members lobbied the state and convinced them to set aside these rules for further examination and amendment. We did agree with the marina owners that one size fits all access would be inappropriate for New Jersey’s marina’s and hoped that when applying the rules, the state would review issues on a case-by-case basis. In some instances, a bench by the water’s edge would be appropriate. In others, a public walkway. We do not support the suspension of these rules. These requirements were not new, but had been part of the old rules. It is ironic that no one objected to them until they thought NJ DEP might actually enforce them. Access via commercial/industrial facilities: Unfortunately, the suspension of the rules applicable to marinas emboldened other special interests, and commercial and industrial entities are demanding that they be excused from providing access to the water from their facilities, arguing security and safety reasons. NJ DEP had anticipated this concern and provided an alternative compliance route by permitting companies to make a payment in lieu of access to support public access at some other acceptable location. These interests don’t want to do this either and are demanding special exemptions.
As pointed out by Debbie Mans, the NY/NJ Baykeeper, access to the water via facilities owned by marinas and industrial facilities are especially important along our urban, industrialized coasts, where access to the water for fishing, boating, or simply viewing is all but impossible. We urge NJ DEP to stand fast on this issue. 24 X 7 Access: One component of the rules most stridently opposed by municipalities, marinas, and industrial facilities is the requirement to provide round-the-clock access. Those of us who support this extended access envision recreational anglers stopping to fish on the beach before and after work, couples strolling in the moonlight when the heat of the day is gone; groups enjoying a picnic supper on the beach. Scenarios predicted by opponents include wayward youth going wild on the beach, underage drinking, drugs or other illicit behavior, littering, or people drowning on unprotected beaches. There must be a balance somewhere.
These beach access rules are a big step in the right direction for those who love to surf, fish, walk the beach or bring a family to the Shore. In New Jersey, access to the coast is not only a right, but often a matter of social justice: is the beach reserved for a few, or a public trust truly available to all. The American Littoral Society will continue to support the NJ DEP through implementation of these rules, promote them to the public, and help the public understand the rules and why they are important. We urge our members and other subscribers to follow our lead. Familiarize yourself with the requirements, speak up when people talk nonsense, and report infractions to us. To learn more NJ Beach Access Rules - Frequently Asked Questions download pdf Impact of NJ Beach Access Rules Adopted 12/07 FACT SHEET download pdf American Littoral Society Comments on the Proposed Access Rules download pdf Proposed Beach Access Rules FACT SHEET download pdf Raleigh Avenue Beach Assn. vs. Atlantis Beach Club FACT SHEET download pdf Raleigh Avenue Beach Assn. vs. Atlantis Beach Club, Text of NJ Supreme Court Decision download pdf
|