State environmental commissioner Bob Martin can pat himself on the back in as many press releases as his office can churn out about how “common-sense rules to improve ... public access to New Jersey’s beaches ... have become a reality.”
But the facts say otherwise. The Department of Environmental Protection’s Beach Access Rule signed last week, which takes effect Nov. 5, essentially leaves it up to individual towns to develop their own plans. By doing so, New Jersey residents can practically be assured that they will have less access to some of the state’s beaches.
The new rules require towns to provide access points every half mile. Under the old rules, it was every quarter mile. Towns can close existing access points and concentrate them in one area — even an area where there is inadequate parking or lack of access to public restrooms.
Giving towns more authority to design beach access points is like giving the keys to the chicken coop to the fox. The public needs more opportunities to get to rivers, bays and beaches of New Jersey, not fewer.
A legitimate fear for many is that the rules by which towns decide how to provide beach access are still too vague. That will essentially allow towns to sidestep them in a way that enables them to justify their “let the beachgoing public be damned” attitude. Rules this unclear practically invite abuse.
Too many beachfront towns along the Jersey Shore have an overly possessive sense of what constitutes “beach access.” They believe it means providing as little access as they can get away with, in violation of both the spirit and the letter of the legal principle known as the public trust doctrine.
This doctrine maintains that the state holds ownership of tidal waters in trust for use by all its citizens — not just those whose ZIP code happens to include a beach.
The DEP seems to have willfully ignored that doctrine. In many places, the public is cut off from the water by highways, development and exclusionary local policies.
The DEP should be an aggressive advocate for the public rather than giving a wink and a nod to municipalities that want to limit the people who can access “their” beaches.
And if towns can’t provide access, they can apply for waivers. The old rules had their flaws, but they have become weaker still.
As part of the two-year process of developing the rule, the DEP heard concerns from numerous constituents and incorporated various amendments into the final rule. Unfortunately, it ignored many of them.
“Our goal is to enhance public access for families, boaters, the fishing community, and everyone who enjoys the shore and the water,” Martin said.
He could have fooled us. Work should begin immediately to reverse the rules.