Cape May Point Opposes Public-access Bill

CAPE MAY POINT – Cape May Point Commissioners opposed an Assembly bill to protect the public right-of-way access to water June 13.
The bill affects how the beaches are operated and the public’s access to them.
The commission resolved that while it recognizes the importance and supports public beach access, circumstances in each municipality vary greatly.
The state Department of Environmental Protection’s (NJDEP) website states that “the Public Trust Doctrine provides that public rights to tidal waterways and their shores in the state are held by the state in trust for the benefit of all of the people.
“Further, it establishes the right of the public to fully utilize these lands and waters for a variety of public activities.”
The original purpose of the Public Trust Doctrine (http://bit.ly/2F9r8YS) assured public access for uses of tidal ways, shores, navigation, and commerce fishing. The modern uses of tidal waterways and shores are protected by the Public Trust Doctrine.
“The Doctrine also protects natural resources, as well as recreational uses such as bathing, swimming, sunbathing, and walking along tidal waterways and their shores.”
The commissioners’ resolution states that a municipality is in a better position than the DEP to determine the proper planning within its community per the resolution.
“Municipalities are most sensitive to their own particular geography, zoning laws, tourism objectives and service goals, which have resulted in beach tourism economic gains for the State of New Jersey in billions of dollars annually, with millions of daily beach visits by the public each year,” the resolution reads.
Commissioners believe the law would adversely affect ownership rights, private and public properties in negative ways; which would result in unnecessary and costly litigation, ultimately creating an undue financial burden on municipalities and property owners.