Opposing Views on Proposed Beach Access Rules

AVALON — The state Department of Environmental Protection (DEP) is changing its stance on beach access rules, making one local mayor happy and one state conservationist not so happy.
DEP Commissioner Bob Martin announced recently that his agency will create new rules on public access to the state’s tidal waters, aiming to enhance access while eliminating costly rules for local governments, businesses and property owners.
According to a release, the proposed changes would end DEP mandates for towns and other property owners to provide parking, restrooms and 24-hour access for beach and waterway visitors. New reasonable rules would recognize local conditions and costs, the release stated.
“We want a policy in place that works for everyone, that allows ample and easy access to our waters while removing onerous burdens on businesses and property owners,’’ said Martin. “We are taking a common sense approach on public access.’’
“It’s a step in the right direction,” said Avalon Mayor Martin Pagliughi. “This commissioner is an educated businessman and he is right to treat this issue with common sense.”
Avalon sued the DEP regarding its previous beach access rules, which were tied to its ability to receive state beach nourishment funds.
Pagliughi said the rules shouldn’t apply to towns like Avalon, which provides public beach access at 62 streets, maintains 15 public restrooms and has thousands of free parking spaces near the beach.
“I agree 100 percent that the state shouldn’t provide public funding for private beaches,” he said, noting that there are some private beaches in North Jersey. “But it’s not like that in Avalon.”
Eventually, the borough won. State Courts held that the regulations were invalid. The court based its decision on the fact that the DEP did not have legislative authority to regulate municipally-owned beaches.
“Cities and towns know best how to plan for their own needs,’’ said Martin.
The old regulations left cities and towns out of the planning process, and proved to be too costly and unwieldy with little public benefit, the release stated. The DEP is working with residents, environmental and business groups, and local elected leaders on the new rule changes, which are expected to be proposed in July.
Some of the public access changes to be proposed by the DEP this summer include:
• DEP would allow towns to develop their own access plans.
• New facilities would be mandated to provide public access or the owners could be directed to contribute to a public access fund.
• Existing facilities that are being improved, existing facilities with homeland security concerns, single or two-family homes and small commercial developments would be exempt from public access rules.
• Marinas would be required to provide “reasonable’’ public access, but would no longer need to offer access on a 24-hour basis.
• Oceanfront municipalities would be required to provide “reasonable” access point to the beach and parking opportunities for visitors.
• All municipalities’ hours and parking would be addressed primarily by municipal plans, with access to be “reasonable” and recognize issues such as public safety and cost.
While Pagliughi seems on board with the proposed changes that put access issues back in municipal hands, there are some who liked the old regulations better.
One of those in the other camp was Tim Dillingham, executive director of the American Littoral Society, a non-profit agency that promotes the study and conservation of marine life and habitat, protects the coast from harm and advocates for unrestricted access to beaches and waterways.
“The shore belongs to everyone, not just coastal towns or landowners,” Dillingham told the Herald via email. “The rules being repealed were meant to protect this public access, and were necessary because of past efforts to block access through no-trespassing signs, restrictive or no-parking ordinances, and limits on times the shore was considered ‘open.’”
He said the state played an important role in protecting access for fishermen, surfers and the public. He also said beach access should be user friendly, coming with parking, restrooms and accessible walkways to the water.
“The Christie administration proposal will weaken the role of the state in protecting these rights by delegating access decisions to the towns,” Dillingham added.
“I expect these rules will result in less access away from commercial beach areas,” Dillingham said. “Towns will use the ‘reasonable access’ standard to argue that they shouldn’t have to provide access, parking and law enforcement in less commercial parts of the shore – that that wouldn’t be ‘reasonable.’”