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Avalon’s Case Against DEP Heard by Appellate Court

By Leslie Truluck

Video by Brian Howell
AVALON — This borough’s challenge of the Department of Environmental Protection’s (DEP) newest version of the State Aid Agreement was heard before the Appellate Court in Trenton on Sept. 16.
Avalon sued the DEP arguing that the new agreement is vague, arbitrary and oppressive.
Avalon Mayor Martin Pagliughi has written several letters to borough taxpayers over the past few months stating his reasons for disagreeing with the latest DEP regulations, which the borough is required to sign in order to receive state financial aid for beach replenishment.
The State Aid Agreement deals with issues of parking and bathrooms to ensure the publics’ right to coastal access.
Pagliughi and borough officials said the borough already provides public coastal access.
“Avalon has 62 public access points along four miles of beachfront, which averages about 15 access points per mile,” Pagliughi wrote in a column published in the New Jersey League of Municipalities monthly magazine last spring.
“This is an attempt at social engineering by the state — an attempt to get shore communities to sign an agreement that could expose us to tremendous financial liability through possible land acquisition, insurance costs, bathrooms and even signage.”
The agreement, Pagliughi said, would prohibit borough public safety officials’ authority to close the beach in case of an emergency without DEP approval.
Cape May County and Stone Harbor Borough have passed resolutions in support of the suit. The three-judge panel heard arguments from Avalon, Cape May County and the DEP.
A decision will be handed down in several months.

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