All About Municipal Public Access Plans, or MPAPs
When the State overhauled their rules concerning public access to tidal waters, they created a system where towns voluntarily submit Municipal Public Access Plans. We vehemently opposed those rules leading a large coalition of groups against them. But the State got their way on the concept of Municipal Public Access Plans, or MPAP's.
Now, towns submit MPAP's to the State and the State notifies interested parties by way of an email list serve. To get on this list, email, MPAP@dep.nj.gov. People can comment on submitted plans for 30 days by emailing that address. A list of the plans submitted and available for comment are here. This email notification and public comment process are two improvements that the access advocates made to the bad rule proposal by the State.
We encourage you to get on that email list and to review an MPAP that concerns you.
A full description of Municipal Public Access Plans follows. From the DEP website
Municipalities have the opportunity to develop public access plans that reflect their self-determined priorities for enhancing public access to tidal waters. Municipal Public Access Plans comprehensively inventory a town’s current public access points and amenities, identify gaps in public access opportunities, and propose actions to address those needs while preserving existing access.
The New Jersey Department of Environmental Protection asks towns to create Municipal Public Access Plans (MPAPs) for the purpose of ensuring "[m]eaningful public access to and use of tidal waterways and their shores."
The MPAPs should:
- Preserve public trust rights to tidal waterways and their shores;
- Preserve and enhance views of the coastal landscape to enrich aesthetic and cultural values and vital communities;
- Conserve and increase safe, environmentally sound, and meaningful public access from both the land and water to the tidal waterways and their shores for recreation and aesthetic experiences;
- Enhance public access by promoting adequate affordable public facilities and services;
- Balance diverse uses of tidal waterways and their shores; and
- Protect, enhance and promote waterfront parks;
Source: http://www.nj.gov/dep/cmp/access/recriteria.htm
Public Comment Process
Public notification, engagement and comments are important aspects of public access planning. When municipalities submit their draft municipal public access plans to DEP for review, DEP is required to notify the public as described below and to review their comments. Both the general public and specific interest groups can provide valuable input on a municipality’s draft plan.
The public will be notified that a municipality has submitted a draft Municipal Public Access Plan to the DEP for review through notification in the DEP Bulletin and through the Public Access listserv.
If you wish to provide comments please submit those comments to the following email address or mail address: MPAP@dep.nj.gov
Division of Coastal and Land Use Planning
Municipal Public Access Planning Program
Mail Code 401-07C
P.O. Box 420, 401 E. State Street
Trenton, NJ 08625-0420
MPAP Scope and Policy:
"The Department has long recognized public access to be a fundamental right and policy for the management of New Jersey’s coast. At the core of the Department’s public access efforts is the Public Trust Doctrine, which acknowledges that the ownership, dominion and sovereignty over lands flowed by tidal waters, which extend to the mean high water mark, is vested in the State in trust for the people.
The Department believes that public access opportunities are not merely rooted in the Public Trust Doctrine, but rather in a robust modern implementation of an essential public need and right. The updated Coastal Zone Management (CZM) rule (N.J.A.C. 7:7E) is part of a larger program that ensures public access opportunities as well as develops a comprehensive means to provide for broad, diversified, safe, and reasonable access to tidal waters throughout the State.
Through the updated CZM rule, the Department will work to support local and regional efforts to preserve and increase public access to beaches and waterfronts. The Department will provide assistance to towns in the assessment of local access needs, analysis of legal issues, and other information and techniques to help enhance their waterfront-related activities. The Department seeks to promote local economies without diminishing the long-term health of the natural coastal environment, so both the community and the greater region can benefit from any proposed enhancements.
Coastal communities can effectively plan for and create public access that provides a sustainable economic benefit, improved quality of life for residents and visitors, and an environmental benefit. In this effort, public access planning becomes part of a larger, comprehensive planning view that fosters regional cooperation and partnerships among local government officials, community stakeholders, and regional planning organizations.
The plans should review current public access opportunities within the municipality, the needs and desires of the public, and explore and plan for enhanced access opportunities. The Department will provide municipalities with support to plan for comprehensive public access within their boundaries and incorporate these plans within their overall master plan. The Department has professional staff to assist municipalities with the development of public access plans.
While it is recognized that nearly all the oceanfront municipalities do provide reasonable public access opportunities as evidenced by the large number of residents and tourists that enjoy and visit the shore, the Department believes that a comprehensive approach to public access through local plans and regional coordination can create meaningful enhancements to the coastal communities throughout the state."
Approval Process
The approval process of MPAPs involve a DEP review and interaction with the municipality and the public (residents and non-residents of the municipality and concerned associations).
Source: http://www.nj.gov/dep/cmp/access/reapproval.htm
Subscribe to the Municipal Public Access Plans Email List
The DEP's Municipal Public Access Plans email list is available to anyone who would like to be alerted regarding any new actions, events or submittals related to DEP Municipal Public Access Plan (MPAP) program. This includes receipt of Draft Municipal Public Access Plans, scheduled local meetings on proposed MPAP, and DEP determinations concerning Draft MPAP.
You can subscribe to receive these emails by typing in your email address on the DEP website here.