County to Join Avalon Suit Against DEP

CREST HAVEN — The state Appellate Division has granted the county’s motion to join the Borough of Avalon in its suit against the New Jersey Department of Environmental Protection, according to a release from Freeholder Director Daniel Beyel.
The Cape May County Board of Chosen Freeholders petitioned the court to support Avalon’s efforts to challenge a new state aid agreement drafted by the DEP.
The decision by the Appellate Division will allow the county to file a “friend of the court” brief to support Avalon’s challenge. “It is impractical for the New Jersey Department of Environmental Protection to put these latest regulations in effect for every community in the Garden State,” said Beyel. “The freeholders recognize that Avalon’s arguments against this agreement are valid, and the county is supportive of Avalon’s court challenge”.
“We’re very pleased that the county freeholders recognize that there are problems with the latest version of the state aid agreement,” said Avalon Mayor Martin Pagliughi. “Avalon officials and county leadership both agree that the rules outlined in the latest version of the agreement should not be applicable to every coastal community in the state of New Jersey”.
The latest state aid agreement requires coastal communities to provide 24 hour a day, seven day a week access to all beaches, waterways and marinas. It also regulates how many parking spaces and public bathrooms a coastal community has to provide, although no specific formula to determine those numbers are included in the agreement.
“Avalon could not sign the state aid agreement because it left the community open to entering into open-ended agreements that were vague,” Pagliughi said. “Plus, at times, coastal communities need the ability to close beaches during storm events and other emergencies. This state aid agreement does not allow coastal towns to do that.”
Shore communities must sign a state aid agreement in order to secure permits that are needed for coastal protection projects.
Avalon filed a lawsuit against the DEP over the agreement in November. The case is expected to be heard on Sept. 16.