LONG BRANCH — Environmentalists, recreational fishermen and beach enthusiasts came out en masse last week to speak out against a proposal to allow towns to create their own beach access plans.
“This proposal continues to fail our families, our fishermen, surfers, waterfront owners,” Tim Dillingham, executive director of the American Littoral Society, said on April 18.
“These rules will make it harder to get to the water, and less new access will be created with coastal development.”
Dillingham, representatives of other environmental groups and members of the public sounded off about the DEP’s revised draft regulations at a hearing at Long Branch City Hall.
The amended guidelines are the result of an extensive public comment period after the DEP released a draft set of public access rules that were universally panned by local environmental and surfing groups in 2011.
Under the amended guidelines, municipalities would be required to submit a Municipal Public Access Plan to the DEP, which would reject or accept the plan.
The plans would address a variety of issues involving beach access including access points, signage and parking.
John Weber, northeast regional manager for the Surfrider Foundation, held a press conference prior to the hearing at a public access point in Elberon that has a No Trespassing sign posted on it.
“The DEP is almost on two years in working on these rules, and I know anglers and other people took you to this spot and said this has got to stop,” he said during the public hearing. “That’s the part that’s concerning.”
Weber has long advocated for beach access and has suggested on numerous occasions that beach replenishment funding be tied to public access.
Sea Bright and Monmouth Beach are two municipalities that have received beach replenishment funding but have inadequate public access to their beaches, according to Weber.
Joe Woerner, chair of the Jersey Shore Chapter of the Surfrider Foundation, said the rules would violate the long-standing public trust doctrine, which establishes the public’s right to access the waterfront.
“The thing that is really of concern is these rules are not legally sound,” he said. “You look at the public trust doctrine, which has been held up in every case in the courts, it very clearly establishes the right of the public to have access to the beach.”
Jeff Tittel, chairman of the New Jersey Chapter of the Sierra Club, told Ray Cantor, counselor to DEP Commissioner Bob Martin, that the proposal would negate one of the state’s treasured resources.
“We believe the coast of New Jersey is the gem of our state for all of us,” he said. “These rules do not further the public trust doctrine, they do not provide more access.”
Cantor served as the hearing officer but did not respond to comments made by the public.
Tittel added that precluding access would hurt local businesses and the overall economy.
A consistent theme at the hearing was concern that municipalities would abuse power if they are given the authority to create beach access plans.
“This is the wolves creating a pen for the sheep,” said Glenn Arthur, chairman of the New Jersey Council of Diving Clubs. “Honestly, we know wolves like sheep for dinner.
“In this state where local towns get control of local areas, there will be loss of access [to areas where] there has been in the past and will continue to be,” he added.
Long Branch resident Vincent LePore, an outspoken opponent of the city’s use of eminent domain along the beachfront, agreed that municipalities would abuse their powers.
“The local municipal government will take it upon itself to abuse its power and … prevent the public from coming in,” he said. “The core of the problem is the rules are advisory at best.”
Ken Liss, an avid surfer, responded to LePore’s comments by comparing the city with a neighboring municipality with bigger access issues.
“I find that compared to other towns, Long Branch is actually surfer-friendly,” he said. “You look at a town like Sea Bright, where they’ve had beach replenishment for many years now, and their beach access is limited.”
Liss, who said he travels the state to find ideal surfing conditions, said parking remains an issue in many oceanfront municipalities.
Richard Lee, chief financial officer for the Surfer’s Environmental Alliance, suggested that the DEP enlist local stakeholders to review municipal access plans.
While the majority of the speakers weighed in against the proposed rules, at least one stakeholder group viewed the amended rules as an improvement from the previous rulebook adopted in 2007.
“These changes are extremely positive and represent a return to common sense by providing a reasonable and balanced approach to public access at marinas,” said Melissa Danko, executive director of the Marine Trades Association of New Jersey. “In addition to providing a gateway to the waterfront, they provide slips, public boat ramps, fishing supplies, fuel, restaurants and more.”
Danko said the previous rules adopted in 2007 put an undue burden on the marina industry by requiring public access to marinas at all times.
“These rules represented an assault on marina owners’ property rights as well as an assault on recreational boaters to have an affordable and safe place to dock their boats,” she said. “The changes in the proposed rules represent that one size does not fit all.
“The rules take into consideration the access that is currently available, the restraints, and unique nature of these businesses,” she added.
The amended rules would not require marinas to provide access outside of normal operating hours.
The 158-page amended rules governing public access to beaches and waterways are available at nj.gov/dep, and include public comment and the DEP response to comments.
According to the DEP, the revised beach access rules should be adopted by the summer and become effective for the summer of 2013.
The DEP hosted public hearings last week in both Long Branch and Avalon, and comments during the hearing will be incorporated into the final version of the rules.
Debbie Mans, executive director of NY/NJ Baykeeper, criticized the state for not having a hearing in the northern part of the state, where public access to the urban waterfront remains an issue.