SS Strom Troopers

PM:
Not a State Law passed by NJ General Assembly, Regulation under NJ Dept Enviormental Protection. So hope the below links will answers/shade some clarification on the matter although the topic was debated here earlier this yr.

http://www.nj.com/news/index.ssf/2011/03/nj_beach_access_advocacy_group.html

http://www.nj.com/news/index.ssf/2010/06/public_access_to_nj_beaches_co.html

http://www.nj.com/news/index.ssf/2010/06/nj_environmental_protection_ag.html

http://www.state.nj.us/dep/cmp/access/pa_rule_draft_100816.pdf

Proposed Draft Below

http://www.nj.gov/dep/rules/proposals/040411a.pdf

Legal Doctriines, Free Commerce Doctrine, Court cases, Appellate Court Decisions etc. etc.

http://www.beachapedia.org/State_of_the_Beach/State_Reports/NJ/Beach_Access

 

thanks. good reading. it always helps to have facts instead of hyperbole.

 

You didn't fall asleep reading it ZZZZZzzzzzzzz Does anyone know which sections Surfrider was opposed ?

Surfing mention on Social Impact page 39 and Public Trust Doctrine page 69

7:7E-3.50 Lands and waters subject to public trust rights
(a) Lands and waters subject to public trust rights are tidal waterways and their shores,
including both lands now or formerly below the mean high water line, and shores above
the mean high water line. Tidal waterways and their shores are subject to the Public Trust
Doctrine and are held in trust by the State for the benefit of all the people, allowing the
public to fully enjoy these lands and waters for a variety of public uses. Public trust
rights include public access which is the ability of the public to pass physically and
visually to, from and along the ocean shore and other waterfronts subject to public
trust rights and to use these lands and waters for activities such as navigation,
fishing and recreational activities including, but not limited to, swimming,
sunbathing, surfing, sport diving, bird watching, walking, and boating. Public trust
rights also include the right to perpendicular and linear access.

 

Goofyfooter - you hit the nail on the head.

State and federal tax dollars are being used to maintain many of these beaches, and most states expect a guarantee of truly public access on beaches that are maintained with state or federal dollars. The "perpendicular" access is key. Not just walking below low tide line ("linear") but getting TO the beach ("perpendicular")

Allowing local beach access laws to replace state laws or regulations which ensure public access means we lose some control over the process. I dont vote in any beach towns, and therefore have no say in that Town's local laws, ordinances or plans. Look at permit parking deals....local property owners usually get them for free, visitors can buy expensive ones at town offices open 9-5. Technically, still a public beach, but a lot harder/more expensive for you and I to get to. Over the years, there have been some pretty decent waves that were almost impossible to get to because of these situations.

I'm pretty sure a lot of surfriders concerns are over that kind of stuff.

 

Looks like this is getting some press coverage via the NYT.

Along the Jersey Shore, a Struggle to Get to the Sand

http://www.nytimes.com/2011/08/13/nyregion/in-new-jersey-fights-over-public-access-to-beaches.html?pagewanted=1&_r=1&hpw

 

man you guys in jersey have it rough with those damn public/private beach laws. Move down to VB or OBX. it's cheaper, cleaner, and a lot friendlier to surfers. plus your closer to south swells than ever before!

 

I was going to add the bit about Geffen in CA. From the NYT article cjtst11 linked to above.

Surfrider sued him and won and made him unlock the gate. The NYT followed this story and when Geffen was ordered to unlock the gate, I believe the article was on the front page. As others have noted the primary legal issue involved in the case was public access to the beach.

http://www.surfrider.org/images/uploads/publications/Free_the_Beach.pdf