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Public Access to NJ's Shoreline
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NJ Coastal Public Access Points
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New Jersey is well known for its inviting coastline, which provides recreational opportunities for residents and visitors from near and far. Our 127-mile long coast along the Atlantic Ocean and 83 miles of shoreline along the Raritan and Delaware Bays are an ecological treasure and economic engine for the state. Miles of sandy beaches, bustling boardwalks and busy coastal waterways provide New Jersey with a robust tourism industry estimated to be worth more than $36 billion annually. The allure of New Jersey’s coastline has proven so great that the vast majority of its more than 8 million residents live within 30 miles of the coast. With the densest population in the country and a growing tourism industry, it has become increasingly important to preserve and enhance public access. In some instances, access to tidal waterways and their shores is being threatened by increased development but the shoreline belongs to all of us. The need for adequate public access is more than a luxury; it is a necessity and a legal right. This basic right is afforded to all under the Public Trust Doctrine [pdf 1.4 Mb; info about PDF documents].

The Public Trust Doctrine
The Public Trust Doctrine establishes the right of the public to use tidal waterways and their shores, including the ocean, bays, and tidal rivers. First codified by the Roman Emperor Justinian around AD 500 as part of Roman civil law, the tenets of public trust were maintained through English Common Law and adopted by the original 13 colonies and have remained a part of law and public policy. Interpreted today, the doctrine upholds that public rights to tidal waterways and their shores are held by the state in trust for the benefit of all of the people. Further, it recognizes and protects natural resources as well as recreational uses such as swimming, sunbathing, fishing, boating and walking along tidal waterways and their shores.

As the Public Trust Doctrine has evolved over the years, New Jersey court cases have held that various stretches of dry sand areas above the mean high water line are subject to certain rights of access to and use by the public, in order to fully enjoy public trust lands. The amount of dry sand necessary will vary from case to case depending on location of the dry sand area in relation to the foreshore (wet sand), extent and availability of surrounding publicly-owned upland sand area, nature and extent of the public demand and usage of the upland sand by the owner.

It is the duty of the state not only to allow and protect the public’s right to use tidal waterways and their shores, but also to ensure that there is adequate access to these resources. In an effort to protect and expand public access, the Department adopted new public access standards (pdf) for all coastal development as well as specific standards for municipalities participating in the Shore Protection Program and for municipalities, counties and nonprofit organizations to receive Green Acres Program funding. These standards are effective December 17, 2007. To respond to issues raised during the public comment period for the new standards, the Department is proposing amendments (pdf) to the new standards.

As part of its duty to administer tidal waterways and their shores for the benefit of the public, the state has the responsibility to ensure adequate public access to and use of New Jersey’s tidal waterways and their shores. New Jersey implements the Public Trust Doctrine and promotes access to and use of tidal waterways and their shores through a number of programs, including regulatory action with the authority afforded by fundamental coastal laws through the DEP’s Coastal Management Program, the Shore Protection Program, and the Green Acres Program.

Related Coastal Links
Ocean Beach info: http://www.nj.gov/dep/beaches/