PLEASE WEIGH IN ON NJ DEP’S (NO) PUBLIC WATERFRONT ACCESS RULES

The first public hearing is:

Thursday, May 12, 2011 at 11:00 A.M.
Liberty State Park Central Railroad Terminal Building
Blue Comet Auditorium
1 Audrey Zapp Drive
Jersey City, NJ 07305

Baykeeper will draft comments for you if you would like to comment in person or in writing.  ContactElizabeth@nynjbaykeeper.org for more information.

Background: The N.J. Department of Environmental Protection (DEP) recently proposed waterfront access rules that will undermine public access to the State’s tidal waterways, including the Jersey Shore, the Hudson River and other urban waters.  The new rule proposal- The (No) Public Access Rule-threatens to drastically reduce the public’s right to view, use and enjoy the state’s rivers, bays and coast for fishing, surfing, bathing, diving and all water dependent recreational activities.

1.DEP Will Allow Towns to Control the Amount of Public Access.

Towns-including those that have eliminated on-street parking near the water, closed off public access points, sided with property owners in public access disputes, and resisted public access to beaches created with taxpayer dollars–would be in control of public access decisions. Even though the State of New Jersey has a duty to protect and preserve the public’s right to access and use tidal waters, DEP is proposing to give this authority to municipalities. Towns could develop their own “municipal public access plans” that would dictate where public access and related amenities, if any, will be required.  A town would not have to provide access where there are “practical limitations” and may send its public access obligation to a neighboring town or to other parts of the county.

2.New Public Access No Longer Required in Many Instances.

The proposed rule will clearly result in fewer new public access points, parking places and amenities, and keep many waterfronts closed to the public. Currently, new public access opportunities must be created as a condition of development along tidal waters.  As a result, since 2007, new access points for fishing, surfing and beach walking have been created.  Under the proposed (No) Public Access Rule, new public access opportunities would not be required for many types of development projects, particularly those for projects in closest to the state’s largest cities – where most people live.

3.Strong Legal Requirements Removed

The proposed rule will remove many existing legal requirements established over the years that have a proven track record in creating and protecting access. Creating and protecting public access has been a long fight, and legal tools to deal with ongoing, chronic problems were created over the years: required dedication of access and parking for fishing, requirements to remove parking restrictions and time limits in order to receive public money. These clear, unequivocal legal requirements are being removed, and the public would now be asked to rely on weak, vague standards and nonexistent commitments to public access by developers and historically hostile towns.

WHAT YOU CAN DO:

· Send a letter to the editor of your local paper. For a sample letter to the Editor click here.
· Submit comments (extract from sample letter to the editor) by June 3rd to:
N.J. Department of Environmental Protection, Gary Brower, Esq., ATTN: DEP Docket No. 05-11-03, Office of Legal Affairs, 401 East State Street, 4th Floor, PO Box 402, Trenton, New Jersey 08625. Or e-mail (gary.brower@dep.state.nj.us ).  Reference “DEP Dkt. no. (05-11-03)” in the subject line.

Additional Hearings:

Tuesday, May 17, 2011 at 11:00 A.M.
Richard Stockton College of New Jersey
Townsend Residential Life Center Multi-Purpose Room
Jimmie Leeds Road
Pomona, NJ 08240

Monday, May 23, 2011 at 1:00 P.M.
Seaside Heights Municipal Court
2nd  Floor Court Room
116 Sherman Road, Seaside Heights NJ 08751