TRENTON, NJ – New Jersey Public Advocate Ronald K. Chen today announced he has offered formal support for the Public Access Rules proposed by the Department of Environmental Protection because they further clarify public access rights to tidal waters and shores, and recommended changes to further strengthen the proposal.

“The waterfront is a public area to which the public always has long had legal rights of access and use,” Chen said. “This is not a new concept, an unfunded State mandate, or an imposition upon any pre-existing private property right, but a civil right that the government must show a compelling reason to restrict, as narrowly as possible.  The proposed rules will both reinforce and strengthen the public’s access to our State’s waterfront.”

Chen praised the DEP for its diligence in proposing the new rules and for keeping the public interest in the forefront of the process.

“The Department of the Public Advocate has a long history of advocating for public rights in the area of beach access. One of our first projects was the creation of the 2006 New Jersey Beach Guide, which provided comprehensive information on beach fees, accessibility and other factors for all New Jersey shore communities,” Chen said. “We look forward to resuming this advocacy function in collaboration with the DEP and these proposed rules are a good start.”

He said the proposed rule changes will help ensure that all residents whose taxes contribute to the protection of these lands and waters are able to exercise their rights of access to and use of the lands and waters.

In some areas, Chen recommended modification of the proposed rules to strengthen them further:

• While the proposed rule would require 24-hour access to the State’s waterfront, an area could be closed during specified late night hours in response to unique circumstances concerning public safety.  Chen recommended adding language requiring that such late night closure should only be available as a last resort and after the property owner has implemented a DEP-approved plan in an effort to address the public safety concerns.

• The proposed rule would require that all publicly owned, funded and maintained waterfront areas include actual public access, including parking, restrooms, access routes and appropriate signage.  Chen said the proposed rules would improve upon guidelines issued by the Army Corps of Engineers.  He recommended, however, that the rules be modified to state expressly that public transportation can be used to supplement automobile parking.  Chen also recommended that the rule be modified to provide a minimum standard for parking spaces for access to  Green Acres-funded properties that fall within the scope of the rule.

• The proposed rules include express provisions to ensure that waterfront areas, including beaches, are accessible to individuals with disabilities and in compliance with the New Jersey Law Against Discrimination.  Chen recommended, however, that the rule be expanded so that accessibility is also compliant with the Americans with Disabilities Act of 1990.

• The proposed rules also include requirements concerning conservation easements, but do not specify exactly how DEP will ensure that conservation restrictions are properly recorded.  Chen recommended that DEP go further and adopt a comprehensive method to ensure that all conservation restrictions are recorded promptly and properly to preserve public rights of access and use for the long term.  Chen also suggested that DEP research the title to any property on which it intends to expend public funds to build, rebuild or replenish any waterfront area, and ensure that a uniform conservation restriction is recorded so that the public is guaranteed perpetual access to and use of the area. 

• Chen also recommended that DEP implement methods to ensure that it consistently includes public access conditions in all its permits for regulated activities in waterfront areas, as required by the proposed rules.  He said such a program should include emergency permit authorizations to ensure that public access is provided to all beaches that have been replenished on an “emergency” basis.

The 60-day comment period on the proposed rules expired on Jan. 5, 2007, after being issued as a proposal by DEP Commissioner Lisa P. Jackson on Nov. 6, 2006. Public hearings on the proposal were held in Jersey City on Nov. 28, 2006; Trenton on Dec. 1, 2006 and finally in Pomona on Dec. 4, 2006.

The Public Advocate said his Department will undertake future research and advocacy on a broad range of public access issues, which may include:

• The status of public access to a variety of waterfront areas. These include publicly owned and funded beaches and natural areas purchased or maintained with public funds;
• Improving access for visitors with disabilities;
• Ensuring that beach fees are fair and appropriate;
• Making sure publicly created walkways are accessible.

Click on link below to read a summary of the Department of Environmental Protection Agency’s Public Access proposal:

http://www.nj.gov/dep/cmp/access/pa_rule_highlights.pdf

###