Beach Access in Ocean Grove Threatened

Surfrider Criticizes Ocean Grove Beach Access Legal Recommendation

7/3/2025 - The Surfrider Foundation is encouraging the New Jersey Department of Environmental Protection (NJDEP) Commissioner Shawn LaTourette to reject the June 26, 2025 “recommended decision” by the New Jersey Office of Administrative Law. This recommendation states that the Ocean Grove Camp Meeting Association (OGCMA) can continue to close its beaches to the public on summer Sundays from 9AM till noon, for religious reasons.

Surfrider respectfully believes the recommendation is misguided and legally unsupported. Surfrider urges the NJDEP to stick with its prior decision and continue to protect the broader access rights of the New Jersey beach going public.

According to the administrative recommendation, “This recommended decision may be adopted, modified or rejected by the Commissioner of the New Jersey Department of Environmental Protection, who by law is authorized to make a final decision in this matter. If the Commissioner of the Department of Environmental Protection does not adopt, modify or reject this decision within forty five days and unless such time limit is otherwise extended, this recommended decision shall become a final decision in accordance with N.J.S.A.52:14B10.”

For decades--and despite public outcry--the OGCMA has prohibited access to the beach before noon on Sundays from Memorial Day weekend through Labor Day weekend, recently physically chaining and locking all beach access stairways.

In 2023, local community group Neptune United organized in opposition to the Sunday morning beach closure policy, which galvanized support from the public to end the practice.

In October 2023, the NJDEP issued OGCMA an Administrative Order to immediately cease its Sunday morning beach closures. OGCMA then appealed the order, but NJDEP denied OGCMA’s request for a stay of the order pending resolution of that appeal, meaning OGCMA had to keep its beaches open on summer Sundays in 2024 and 2025. This decision was upheld by the Superior Court of New Jersey Appellate decision in June of 2024.

From the NJDEP Order: “The Permittee [OGCMA] cannot limit vertical or horizontal public access to any dry sand beach area…nor interfere with the public's right to free use of the dry sand for intermittent recreational purposes connected with the ocean and wet sand."

OLD PRESS RELEASES:

Beaches Will Remain Open Summer Sunday Mornings at Ocean Grove

Beachgoers celebrate New Jersey beach access victory

5/16/2025 - In a continuing win for New Jersey beach access, the Ocean Grove Camp Meeting Association (OGCMA) is keeping beaches open on Sunday mornings this summer, ending its past practice of summer Sunday morning beach closures.

As reflected on the Association's website, this opening is a huge win for the rights of New Jersey beach goers to enjoy our beautiful beaches during prime summer weekends. OGCMA initially changed its policy of Sunday morning beach closures last summer following a pending enforcement action by the New Jersey Department of Environmental Protection (NJDEP), an order to stop blocking reasonable public access.

"The sand and ocean do not discriminate on the basis of religion or other factors," said Jeffrey Williams, Legislative Coordinator for the Surfrider Foundation Jersey Shore Chapter, "and the public's access to the beaches of New Jersey must be open for all to enjoy. We appreciate the CMA’s decision to recognize the public’s right to enjoy the Ocean Grove beach on Sunday mornings this coming summer and to respect how each beachgoer chooses to spend Sunday mornings during our short summer weekend season.”

For decades--and despite public outcry--the OGCMA has not allowed access to the beach before noon on Sundays from Memorial Day weekend through Labor Day weekend, chaining and locking all beach access stairways. The OGCMA has defended its ban on beach access on the basis that Sundays are “the Lord’s Day.” According to the State, however, there is no exception for these types of closures in New Jersey beach access statutes and regulations.

In 2023, local community group Neptune United organized in opposition to the Sunday morning beach closure policy, which galvanized support from the public to end the practice. In the fall of 2023, the OGCMA sued two beachgoers, members of Neptune United, and asked the court to officially recognize OGCMA’s Sunday beach closures.

However, in October 2023, the NJDEP issued OGCMA an Administrative Order to immediately cease its Sunday morning closures, adding that OGCMA could be charged a civil penalty of up to $25,000 per day for noncompliance. While OGCMA has appealed the order, NJDEP denied OGCMA’s request for a stay of the order pending resolution of that appeal, meaning OGCMA has to keep its beaches open or else face those penalties. This decision was upheld by the Superior Court of New Jersey Appellate decision. In making these decisions, both NJDEP and the court concluded that OGCMA has not shown a likelihood for success in its appeal.

Trial was held in early February, 2025, in the enforcement proceeding on issues including whether OGCMA’s Sunday morning closures violate New Jersey’s strong public trust doctrine, and the administrative law judge is expected to render a decision in the coming months.

Ocean Grove Ends Sunday Morning Beach Closures

Beachgoers celebrate New Jersey beach access victory

5/17/2024 - In an apparent win for New Jersey beach access, the Ocean Grove Camp Meeting Association (OGCMA) has changed their beach regulations, ending a policy of summer Sunday morning beach closures.

The OGCMA's apparent rule reversal, which is now reflected on the Association's website, is a huge win for the rights of New Jersey beach goers to enjoy our beautiful beaches during prime summer weekends, and comes just in time for the start of the Jersey Shore summer season and the Memorial Day holiday weekend.

"The sand and ocean do not discriminate on the basis of religion or other factors," said Jeffrey Williams, Legislative Coordinator for the Surfrider Foundation Jersey Shore Chapter, "and the public's access to the beaches of New Jersey must be open for all to enjoy, particularly during our short summer season when weekends are meant to be spent on the beach."

For decades--and despite public outcry--the OGCMA has not allowed access to the beach before noon on Sundays from Memorial Day weekend through Labor Day weekend, chaining and locking all beach access stairways. The OGCMA has defended its ban on beach access on the basis that Sundays are “the Lord’s Day.” According to the State however, there is no exception for these types of closures in New Jersey beach access statutes and regulations.

Last summer the local community group Neptune United organized in opposition to the Sunday morning beach closure policy, which galvanized support from the public to end the practice. In the fall of 2023, the OGCMA sued two of those beachgoers, members of the local advocacy group Neptune United, and asked the courts to officially recognize OGCMA’s Sunday beach closures.

In October 2023, the New Jersey Department of Environmental Protection (NJDEP) issued OGCMA an Administrative Order to immediately cease its Sunday morning closures, adding that OGCMA could be charged a civil penalty of up to $25,000 per day for noncompliance. While it’s not yet clear where the administrative proceeding stands, it appears this reversal from OGCMA likely grew out of that state enforcement proceeding and public advocacy to enforce the public’s rightful beach access.

“Neptune United is proud to have championed the issue of Sunday morning beach access in Ocean Grove,” said Shane Martins, cofounder and president of the group. “Neptune United would like to thank the NJDEP and the Surfrider Foundation for its continued commitment to fairness, inclusiveness, and protecting the rights of the public. This result is another reminder that progress and positive change that benefits all people is always possible.”

Ocean Grove Beach Access Lawsuit is Withdrawn

This development is a victory for beach access rights in New Jersey, but the story is not over.

12/20/2023 - On November 19, 2023 the Ocean Grove Camp Meeting Association (OGCMA) abruptly withdrew a lawsuit it had filed against local residents in October of this year. That lawsuit had sought to keep Ocean Grove’s beach closed on summer Sunday mornings. This development is a positive sign for beach access in New Jersey, but the Surfrider Foundation does not think this is the end of this beach access rights fight.

"The sand and ocean do not discriminate on the basis of religion or other factors," said Jeffrey Williams, Surfrider Foundation Jersey Shore Chapter, "and the public's access to the beaches of New Jersey must be open for all to enjoy, particularly during our short summer season when weekends are meant to be spent on the beach."

On October 2, 2023, the OGCMA sued two local resident beachgoers in a civil lawsuit in Monmouth County Superior Court (Court). The two residents are active in a local community group, Neptune United, which has advocated for the OGCMA to fully comply with NJ beach access laws and open the beaches on Sunday mornings.

The lawsuit accused these persons of “disruptive behavior” and “trespassing on private property,” and sought an injunction against them to prevent further (first amendment protected) criticism against the OGCMA’s policies. Moreover, the lawsuit asked the Court to approve OGCMA’s Sunday beach closures.

On October 12, 2023, the New Jersey Department of Environmental Protection (NJDEP) issued an Administrative Order (Order) to the OGCMA, finding that the OGCMA’s continued closure of Ocean Grove beach on summer Sunday mornings violates State law and is in breach of the OGCMA’s State issued permits to ensure public beach access to the full extent of NJ law. The Order further stated that OGCMA can be charged a civil penalty of up to $25,000 per day for noncompliance with the Order.

The Order stated that: “The Permittee [OGCMA] cannot limit vertical or horizontal public access to any dry sand beach area…nor interfere with the public's right to free use of the dry sand for intermittent recreational purposes connected with the ocean and wet sand."

On October 13, 2023, the New Jersey Attorney General additionally informed the Court that the NJDEP would intervene as a party in the OGCMA lawsuit.

On November 19, 2023 the Ocean Grove Camp Meeting Association (OGCMA) abruptly withdrew its lawsuit against the Neptune United members “without prejudice” (which means they reserve the right to file it again in the future). Instead, it appears that the OGCMA will first seek to amend their Coastal Area Facility Review Act (CAFRA) permits through the NJ administrative court system. OGCMA’s current CAFRA permits, which are issued by the State for beach operations, facilities, and management, do not include language supporting the summer Sunday beach closures.

For context, Ocean Grove is a neighborhood of Neptune Township in Monmouth County that began as a Christian “camp meeting” in the late 1800s. Through a special charter with Monmouth County, it operates largely independently as the Ocean Grove Camp Meeting Association (OGCMA). Neptune Township remains responsible for all health, safety, law enforcement, and other services in Ocean Grove as the governing municipal authority.

For decades--and despite public outcry--the OGCMA has not allowed access to the beach before noon on Sundays from Memorial Day weekend through Labor Day weekend, chaining and locking all beach access stairways. The OGCMA has defended its ban on beach access on the basis that Sundays are “the Lord’s Day.” According to the State however, there is no exception for these types of closures in New Jersey beach access regulations.

Although this is great news and we at Surfrider applaud the State for sending a strong signal that NJ beach access rights are a priority, we do not think this is the end of this saga. NJ DEP should fully enforce the public trust doctrine in Ocean Grove and deny any request for a special exception allowing summer Sunday morning beach closures. We will continue to monitor the situation, and any other beach access issues in New Jersey. Please notify us of any beach access issues preventing reasonable use of the beaches and tidal areas in New Jersey.

Surfrider Applauds DEP Order to End Ocean Grove Beach Closures

NJ Department of Environmental Protection moves to open the beach on summer Sundays

10/18/2023 - The Surfrider Foundation applauds the New Jersey Department of Environmental Protection (NJDEP) for issuing an Administrative Order (Order) to the Ocean Grove Camp Meeting Association (OGCMA) on October 12, 2023, finding that the OGCMA’s continued closure of Ocean Grove beach on summer Sunday mornings violates State law and is in breach of the OGCMA’s own written commitments to the State to ensure public access to the beach.

The Order states: “The Permittee [OGCMA] cannot limit vertical or horizontal public access to any dry sand beach area…nor interfere with the public's right to free use of the dry sand for intermittent recreational purposes connected with the ocean and wet sand." The OGCMA can be charged a civil penalty of up to $25,000 per day for noncompliance with the Order.

Ocean Grove is a neighborhood of Neptune Township in Monmouth County that began as a Christian “camp meeting” in the late 1800s. Through a special charter with Monmouth County, it operates largely independent and does not allow access to the beach before noon on Sundays from Memorial Day weekend through Labor Day weekend. The OGCMA has defended its ban on beach access, for which it installs chains and locks across all beach access stairways, on the basis that Sundays are “the Lord’s Day.” There is no legal exception allowing beach closures for religious reasons in New Jersey.

Complicating the matter, on October 2, 2023, the OGCMA sued two local resident beachgoers in a civil lawsuit in Monmouth County Superior Court (Court). The two residents are active in a local community group, Neptune United, which has advocated for OGCMA to fully comply with beach access laws. The lawsuit accused these persons of “disruptive behavior” and “trespassing on private property,” and seeks an injunction against them to prevent further (first amendment protected) criticism against the OGCMA’s policies. Moreover, the lawsuit further asks the Court to legitimize OGCMA’s Sunday beach closures.

To ensure that the proper parties are involved in OGCMA’s civil lawsuit, on October 13, 2023, the New Jersey Attorney General informed the Court that the NJDEP will intervene as a party in the case. This development should be applauded by all beachgoers and taxpayers as it is a strong signal that the State is making enforcement of the public’s beach access rights a priority.

Many different New Jersey groups and citizens rely on beach access for recreation, quality of life, and peace of mind. These groups include surfers, swimmers, bird watchers, fishing groups, and anyone who wants to take a break from modern living and stroll along the shore. And it is their legal right as New Jerseyans.

New Jersey has clear beach access rights language in State regulations, common law, and our State Constitution. These rights originate from the Public Trust Doctrine, in which the public rights to tidal waterways and their shores are held by the state in trust for the benefit of all people. The doctrine further provides that the public has the right to fully utilize these lands and waters for a variety of public activities, including recreating on the dry sand and accessing the ocean.

“The public’s right of unimpeded access to the beaches in New Jersey is well established as a matter of law. Recent private property owners and local government actions intended to obstruct, restrict or deny recreation on the beach and in the ocean must not be condoned, and the State must act swiftly to enforce the law” said Jeff Williams, Legislative Coordinator for the Jersey Shore Chapter of the Surfrider Foundation. “This strong action from the Attorney General to stand up for the public’s rights and against the OGCMA’s outrageous beach closure policy will have broad benefits to New Jersey citizens from Sandy Hook to Cape May.”

After the NJ Attorney General notified the Court of its intent to intervene in the OGCMA lawsuit, Neptune United provided Surfrider Foundation with a statement welcoming the action, “Neptune United would like to thank the New Jersey DEP for listening to the concerns of our community and for taking the steps necessary to protect the rights of the public. The Department’s action shows that, like the Surfrider Foundation, it is committed to ensuring public access to tidal waters and the adjacent shorelines.”

The Murphy Administration codified the Public Trust Doctrine into State law in 2019, passing the NJ Public Trust Doctrine Act of 2018. That law solidifies state obligations to ensure that the public has meaningful access to, and use of, the shoreline, tidal waters and other areas subject to the Public Trust Doctrine.

Furthermore, multiple legal cases over the years have upheld the publics’ right to use New Jersey beaches. Those cases held that in order for the public to enjoy Public Trust lands, they have the right to gain access through, and the use of, dry sand areas on privately owned beaches, and that a private beach owner can not limit vertical or horizontal access to wet and dry sand beach areas for intermittent recreational purposes.

Additionally, if a municipality accepts federal funding for beach replenishment projects, as most did after Hurricane Sandy (and continue to accept in the frequent beach fill projects up and down the NJ coast), additional rights are granted to the public. Those rights include: open and equal public use to all, sufficient parking, and public access points at least every quarter mile. Moreover, many municipalities, and the OGCMA, explicitly committed to provide broad public beach access in State permit applications and approvals, including for example the recent pier construction permits issued to the OGCMA.

The onus for enforcement of the public’s beach access rights is on beachfront municipalities. Under the Public Trust Doctrine in New Jersey, municipalities are trustees of the beaches within their boundaries and must operate and maintain those beaches for the benefit of all members of the public.

Surfrider thanks the NJDEP for enforcing New Jersey’s clear public beach access rights and municipal commitments, and asks them to continue to address other beach closure incidents such as at Bradshaw and Jenkinson’s beaches.

Surfrider Issues Alert About Increased Beach Closures in New Jersey

Multiple cases of beach access denial on NJ beaches have popped up recently.

09/26/2023 - Surfrider Foundation Jersey Shore and South Jersey Chapters are no strangers to the consistent drumbeat of beach access issues in our state--we have been fighting to enforce and improve beach access rights for decades and have been involved in specific conflicts with local governments and private beachfront property owners all along the Jersey coastline.

But the summer of 2023 has seen a disturbing uptick in denials of the public’s beach access rights. On September 11, the Mayor of Point Pleasant Beach announced that all Jenkinson’s Beach access points had been padlocked until further notice. On September 14, Seaside Heights announced that anyone swimming would receive a ticket from $100 to $1000.

Finally, in August a NJ resident was issued a summons for trespassing by the Point Pleasant Beach police department when he tried to access a public pathway at Bradshaw’s Beach. The local homeowners association installed a gate and lock across the path barring members of the public from getting onto the beach. The gate is still there today despite a May 2022 letter from the NJ Department of Environmental Protection to both the town and the homeowners association telling them it was illegal and it had to be removed.

Point Pleasant Mayor Paul M. Kanitra said Jenkinson’s unilaterally made the decision because of a drowning at an unguarded beach in 2020 that resulted in a wrongful death lawsuit by the family of the deceased. The Mayor of Seaside Heights referenced recent drownings and dangerous swimming conditions from Hurricane Lee.

The Murphy Administration worked to codify the Public Trust Doctrine into State law in 2019, passing the NJ Public Trust Doctrine Act of 2018. That law codifies state obligations to ensure that the public has meaningful access to, and use of, the shoreline, tidal waters and other areas subject to the Public Trust Doctrine.

In a related, but longstanding beach access conflict, the community group Neptune United is trying to open the beach on Sunday morning in Ocean Grove. Ocean Grove is an unincorporated section of Neptune that began as a Christian “camp meeting” in the late 1800s. Through a special charter with Monmouth County, it operates as a largely independent town and does not allow access to the beach before noon on Sundays. There is not a legal exception for beach closures for religious reasons in New Jersey.

Surfrider thanks the New Jersey Department of Environmental Protection for their enforcement work to date on these beach closures. Official letters of violation have gone out to all of the municipalities and entities involved in beach closures mentioned in this article. We are hopeful that DEP’s continued legal pressure and enforcement action by the State Attorney General, will force these communities to open up beach access to the public to enjoy the benefits of our beaches and ocean.

The onus right now is on beachfront municipalities. Under the Public Trust Doctrine in New Jersey, municipalities are trustees of the beaches within their boundaries and must operate and maintain those beaches for the benefit of all members of the public.

Yes, municipalities do have the right to close beaches for short periods of time for specific dangerous water or beach conditions, but not long term and never for vague reasons. Using pending lawsuits and the specter of future liability is also not a valid excuse to deny public rights as local governments are sued frequently for various reasons – should we close down the sidewalks because somebody sued a municipality over a slip and fall case?

All New Jerseyans must stay vigilant and continue to fight to protect our beach access rights. Private landowners who want the beach to themselves, and local governments who find it easier to lock a beach than protect the public’s rights, will forever attempt to limit beach access for frivolous or illegal reasons. Please contact Surfrider Foundation’s two local Chapters of volunteers if you encounter any beach access issues in your area.