Sandy...Aftermath.....Future of Beach Access.......

[DarkSkies]

I'm trying to keep the tone here positive, but there are some things that bear discussing......

The beach access in Monmouth and Ocean counties, will never be the same.(Cape May and Atlantic Counties may be affected as well, but IMO they were not hit as hard therefore access may not be as affected there, JMO)

I know some may think that's a pretty strong statement, and may disagree.
They point to the Public Trust Doctrine
http://stripersandanglers.com/Forum/showthread.php?1044-Public-Trust-Doctrine&highlight=public+trust+doctrine

as I have, on occasion, and may infer that the recent DEP rulings which delineate how access must be dealt with, are sufficient to represent the fishermen.

It's my strong feeling that although billions in federal dollars will be used to replenish the beaches, somehow fishermen will not have the same access that they had before.


This also goes for Long Island, Brooklyn, And Staten Island.

[DarkSkies]

In this thread I'm referring to Public Access to beaches, rivers, or bayshore areas, which Includes the public state, federal parks....Also the myriad local parks which have allowed us access.....
And Residential Access......the areas in front of or adjacent to Residential areas that fishermen have enjoyed and used for decades......


Which areas do you personally think will be most affected, and why?
I'll come back in here when I can, thanks for your opinions.....:HappyWave:

[finchaser]

Mantolokin, Bay head and Ortley will take many years to rebuild myself and others were saying there are many places we will probably never fish again in our life times. many places where access was granted will vanish for ever in the above mentioned area . Many area's will be buried by sand as everyone will seek beach replenishment all of these could esculate the end of the surfcaster.

[storminsteve]

The noose already started closing in. fisherman reported getting a ticket for trespassing in Deal yesterday.

[ledhead36]

We're all going to have to get kayaks once stuff gets built up again. No more access is what I think will happen,

[DarkSkies]

It goes without saying that some fishermen are very generous, giving, and compassionate.
These are the ones who have stood up to help others.







However, we continue to be plagued, as a group, by bad apples who are selfish and inconsiderate of others......

*The ones who go to the beach, fishing bait, and leave their containers there instead of bringing them home or walking the extra 300' to a trash can.

* The ones who go fishing and drink while they do, leaving empty bottles piled up near the trash cans
Note, when I did research for the Brookhaven/Shoreham historic test case, (post #13)
http://stripersandanglers.com/Forum/showthread.php?3415-A-tale-of-2-towns-Brookhaven-vs-Riverhead/page2&highlight=shoreham+beach+pics

I found out that mostly the people who did this were the local teens, who don't fish but come down to the beaches to hang out, so please understand my comments in this context



* The ones who feel it is their right, as protected by the Public Trust Doctrine, to fish any beach they please.

* The ones who feel it is their right to cross "No trespassing" Zones that are clearly marked.
(Note - I realize there is some ambiguity with these areas now that Sandy has hit... there are many areas that have barriers, but no clear signs........)

* The ones who feel it is OK to urinate on private property......

* Or take a dump on beach club property....
(Note, this happened again at the Allenhurst Beach Club Cabanas...shortly after the hurricane....the only people down at those beaches at that early time were homeowners and fishermen)

* The ones who feel it is OK to tresspass into Private property, use the Priests' bathroom, and then argue with the priest when caught
(Note, this happened to St Alphonse Retreat sometime around 2009, and fishermen have been banned from their parking lot since then)

* The ones who feel it is ok to dump their coffee cups, or soda/energy drink cans, on the rocks when they are fishing because they don't feel like carrying them to the trash can.

* And the ones who leave jetties littered with braid, terminal tackle, and other fishermen garbage instead of putting it in their pockets and taking it home with them. :beatin:

[DarkSkies]

I know the "bad apples" are in the minority, but unfortunately they make it bad for all of us.....

Because their behavior is what we are all judged by...:learn:
And all of the above, have been committed by fishermen in NJ, when fishing near private property.



And yes, the Public Trust Doctrine does protect fishermen and beach goers, to some extent.
(do a search here on Public Trust to find scores of threads and case histories)

But there are all sorts of ways around that.....

*Parking restictions...
no parking, no night parking, restricted hours parking, parking by town permit only, seasonal parking restrictions

*Night fishing permits.

* No fishing signs

* No trespassing on jetties or inlets at night signs

[DarkSkies]

** Remember in reality, the biggest offenders are not likely to read threads like this.
However, lots of folks blame this on specific ethnic or racial groups.......

And this is just not the case......
I've come upon, and been made aware of....groups of "Van Stall and Abercrombie & Fitch" surf guys, all wearing the latest in top clothing, thousands invested in their gear, who can't be bothered to throw a freaking coffee cup in the garbage......:don't know why:


These are the guys who are likely to be on the internet...
And instead of blaming the immigrants, it is they who should take the blame, and pick up after themselves.......

And it is we, the rest of the fishermen, who should be on their cases, chastizing them into doing so.
Not speaking up, runs the risk of ruining it for us all.......Now more than ever....


Any other opinions or stories, feel free.....:thumbsup:

[DarkSkies]

I copied the above 3 posts from another thread here because they paint a picture of what can and could happen to beach access in NJ as the rebuilding begins.

The safety issue is also rising to the top.
IMO it is one factor that will be used time and time again, to deny access.

People should be careful out there. The access is limited to a few sandy beaches. In other areas, the access is extremely dangerous. Many stairways and previous access points are missing. There are places where you would need to climb down on loose rubble about 10-15' to get to the water.

All we need is one fisherman to hurt himself, find an opportunistic lawyer, and sue the town for not protecting him.....to further close the noose of limited beach access.

Remember that, any of the folks out there who are mad at the police, for doing their jobs.
Any other opinions, feel free to post.
Thanks for the responses so far. :HappyWave:

[albiealert]

Any of you who are ranting should come to Connecticut. Our family went to Wildwood NJ this summer and was amazed by the beach access you enjoy. And free! We saw surf fishermen fishing in some areas. I think it is good that they have bathing only and fishing only areas. You have to pay for beach access in Ct and it's not cheap either. If any one ever feels cheated on NJ beach or fishing access, come to Ct and see for yourself how great you all have it down there.

[DarkSkies]

Thanks for the perspective Albie. I have been up there several times and my heart sinks when I see all those no access and private property signs you folks have to deal with.

That's one of the reasons I value access in NJ so highly. I am pretty passionate about it and some guys I meet on the beach might think I'm a bit deranged when I hassle them for littering or doing something stupid. I won't change that part of who I am as I need to be at the beach as part of my therapy. :laugh: :kooky:

Seriously, I have now come to understand both sides. I will no longer fight for the ignorant and selfish fishermen, though I will still be involved in Fishermens Rights and Access Campaigns.......

[DarkSkies]

This just in......

Fin was doing a lot of scouting today......these observations thanks to his efforts.....

The National Guard is stepping up their presence.
Looting is still a problem and some posing as fishermen are suspected, among other suspects.

Belmar is locked down tight.
There may be some inlet access in some areas but that may not last long as local police chiefs, to deal with looting and giving priority to construction and rebuilding, are further locking down areas perceived to be at risk.

Spring Lake, Sea Girt, and Manasquan all have various restrictions despite what people are reporting on the internet. Sea Bright, Deal, Ocean Grove, as well.
Same for most of the North Jersey inlet areas.

Monmouth Beach and Long Branch have limited access on the sand beaches. Remember that even for some sand beaches there are places where it is a 4' drop to the sand,
I would advise the smart fishermen, to not park anywhere near valuable construction equipment or temporary fences or barriers are.
You don't even want the suspicion of them thinking you are a looter.

South of Barnegat Inlet, is much more accessible, and less risky.
As mentioned, LBI is open and encouraging fishing and people to spend money on the island at the few businesses that have opened.
Even that has restrictions, the North End of LBI is the less restricted part, homeowner access only on the south end.






**But as for Monmouth and Ocean counties, proceed with caution.
Realize that the officers are only following commands.
I have several friends in LE. They have described the environments as Quasi-military.
Those that don't obey orders, could lose their jobs.

So please, no criticisms of how the cops "hassled someone"....there are still bad things going on, and they mean to clamp down on that.
Again, we are all put at risk because of the selfish acts of a few......


Be careful, be safe. and do not put yourself in a position where you are fishing restricted access......

A guy we know was escorted off a Bay Head Beach by the National Guard this morning.....

[cowherder]

Be careful, be safe. and do not put yourself in a position where you are fishing restricted access......

A guy we know was escorted off a Bay Head Beach by the National Guard this morning.....


I am wondering what happens when they put it all back together like pieces of the puzzle. I think we will have to take what ever is offered to us.

[surfwalker]

I'm afraid that restrictions on beach access will only get worse in the future, especially after Sandy. But with the beach replenishments, restricted parking areas, building improvements along the coast, and each town setting up their own rules and fines, I don't see the authorities giving us a free reign. I know we have a right to be there, but they, the towns, can make it rough. I hope I'm wrong, but some places would like to see us banned from walking their (OUR) beaches forever.

[DarkSkies]

* The ones who feel it is their right, as protected by the Public Trust Doctrine, to fish any beach they please.

* The ones who feel it is their right to cross "No trespassing" Zones that are clearly marked.
(Note - I realize there is some ambiguity with these areas now that Sandy has hit... there are many areas that have barriers, but no clear signs........)

* The ones who feel it is OK to urinate on private property......

* Or take a dump on beach club property....
(Note, this happened again at the Allenhurst Beach Club Cabanas...shortly after the hurricane....the only people down at those beaches at that early time were homeowners and fishermen)

* And the ones who leave jetties littered with braid, terminal tackle, and other fishermen garbage instead of putting it in their pockets and taking it home with them. :beatin:


Great points, Surfwalker, thanks for your perspective....:thumbsup:

My response in the Deal Access thread.....
There are some there and in the border areas of Long Branch that still don't welcome fishermen, but it's understandable now that I hear it from both sides.
The recent incident where someone took a dump by the cabanas at Allenhurst, the disrespectful behavior of a small few each spring parking in a frenzy when the fish come in...

I completely sympathize with homeowners who don't want us there....and their reasons for feeling that way.

With each incident of selfishness or careless disprespect, it becomes harder and harder for me to unilaterally support the rights of all fishermen to fish these areas. We are our own worst enemies sometimes. Additionally, when we lose access, we do not have the collective committment to have a massive gathering and protest, like Finchaser and some of the fishing clubs did in the 70's.




Or threaten a lawsuit, like a good friend who hooked up with Surfrider threatened the towns of Loch Arbor and Long Branch with to gain access for surfers.
I believe that was in the 80's.

[DarkSkies]

There have been some new develoments since the beginning of this thread.
Although the county wide restrictions were lifted. it's up to each individual town to decide access restrictions, and some have further tightened access.

Many are familiar with the fisherman who was given a ticket in Deal for trespassing beyond the orange fencing.
I have since gotten calls that additional fishermen were ticketed for tresspasing there. Some who were only there for a few minutes got ticketed anyway.

The court appearance is mandatory.

The reason I was given is that the Chief is irritated that people are blatantly disregarding the orange fencing. In some cases they have tossed it from where it is to the rocks below.

Town public works workers have had to go back and replace it.
The feeling is, among higher ups, that these actions were likely done by fishermen.
Therefore there is now a zero tolerance policy.

I know some feel this is not fair, but as I said previously it is not a Public Trust Doctrine issue.
It is a safety issue, and from what I gathered from the phone conversations I had, it is an issue of disrespect. They are really irritated that a few fishermen would do that.

If you have been near that area you would notice that the orange fencing prohibits access from areas where there is a 10-15 drop to the beach. Climbing down the unstable rocks could result in someone getting hurt.

There is also looting still prevalent among many beach areas. There are some houses that got ripped up. Access to the beach in some areas would give you theoretical access to those houses.
Folks need to understand that.

Also, that any time the towns want to in the future, they can restrict access under the guise of it being a safety issue.
This may become a bigger problem than most fishermen think. I am putting it out there as food for thought. :learn:



** Anyone who predicted that some access spots will be "forgotten" is very accurate in their thinking.

[finchaser]

I have had friends escorted off the beach in Belmar and Spring Lake. Also one in Bayhead who sneak past the National guard. The Belmar beaches are closed for the next 3 months for construction as will Spring Lake. In many towns surf fisherman are despised do to the new breed of slobs who have no respect for other peoples property.
Some of the docks I have fished for years are now off limits since surveillance cameras filmed people from Mehico shiti_g in the sterns of peoples boats and cutting clams on tiop of dock boxes.

[hookset]

There is a lack of respect both in and out of the fishing community. Different world out there now. Me first, me casting in front of you in the bunker blitzes., me cutting in front of you on the jetty or as the blitzing fish move up or down the beach. Of course I dont mean myself, just an example. it's me me me first, and then think about the other guy 2nd. Sorry for the rant, that's why I like to fish at night.
All they have to do is put up more parking signs like they did on Pullman.

[lostatsea]

Stand up for yourselves and fight anyone who tries to take access away. Don't we have a right to do that? I saw the public trust mentioned. There was a guy on another site. He went fishing and a guy who owned property near the beach told him he wasn't allowed. He asked the owner to call police and try to give him a ticket. When the police came he told the cops he was allowed to fish there. They told the owner he was and the guy went back into his house fuming. Why can't we all do something like that and stage a mass protest?

[finchaser]

After Sandy many towns down here don't even know where the streets were never mind the beach access spots,this is going to suck big time for a long time to come.Many places we fished, we will proably nerver fish again.

[7deadlyplugs]

You guys are lucky in NJ. In LI allot of the beaches have fishing permit fees. Even if you walk on you have to pay at night on the East End and some north shore beaches. I have heard the NJ beaches you can go where ever you want to fish. That is a blessing in itself. Maybe you don't know how great that is.

[vpass]

You guys might find this interesting.


http://www.state.nj.us/dep/ec/lbi_faq.htm

[cowherder]

Very cool info vpass. It seems they have to agree to the easements to get things going down there. Its sad to me the homeowners want to fight it. If they lose the house they will be looking for compensation.

[buckethead]

Nice read vpass thanks for sharing.

[hookset]

The reason I was given is that the Chief is irritated that people are blatantly disregarding the orange fencing. In some cases they have tossed it from where it is to the rocks below.

Town public works workers have had to go back and replace it.
The feeling is, among higher ups, that these actions were likely done by fishermen.
Therefore there is now a zero tolerance policy.



Some a-holes busted up a barrier in Deal last week. You know it had to be fishermen. If I ever see anyone doing that I will personally drag them out of their car and crap on the hood. unbelievable.

1588515886

[jigfreak]

I'm right behind you hook. Let me at em when you are finished. Can't believe the arrogance of some. Thats going to ruin it for us in the long run.

[fishinmission78]

I'm right behind you hook. Let me at em when you are finished. Can't believe the arrogance of some. Thats going to ruin it for us in the long run.

X3 - we had some good access in Brick beaches and Mantoloking. It would **** me off when dudes would come off the beach and use a hose from a homeowners driveway after cleaning fish to wash off. Do that **** at home. People don't care about any one other then themselfs nowadays.

[baitstealer]

I don't understand why guys would do that. Possibly they don't go on the internet and would not be aware if this was bad behavior or not?

[DarkSkies]

Just remember people, nothing gets solved by violence......
The way to get results is to get involved, and make your voice heard......


As the years go by I am getting very cynical about fighting for fisherman access....because of the arrogance and entitlement of some of the fishermen I have come across...I have spent hundreds of my own dollars on attending access meetings over the years, and see the same old faces.....while the majority of the surf anglers out there don't want to get involved.


You have to think how we as fishermen are looked on in the areas we come in to fish...

Ask yourselves if you always conduct yourself the way you would want someone coming through your neighborhood to conduct themselves. :learn:

[jigfreak]

J.because of the arrogance and entitlement of some of the fishermen I have come across...I have spent hundreds of my own dollars on attending access meetings over the years, and see the same old faces.....while the majority of the surf anglers out there don't want to get involved.


You have to think how we as fishermen are looked on in the areas we come in to fish...

Ask yourselves if you always conduct yourself the way you would want someone coming through your neighborhood to conduct themselves. :learn:

Guys don't do this that's part of the problem. Baitstealer some of these are internet guys. There was a thread on another site where they were asking for volunteers to clean up Sea Bright. One idiot said he wouldn't help them because he felt they closed off beach access to him. News flash the people who lost their houses didn't close the access the town gov't made those decisions. Penalizing people by not helping them get their life get back in order is just plain selfish and stupid. And yes these are the guys who should be informed and better evolved because of all the fishing they do. They aren't. I hate that elitist attitude on the part of fishermen. I hate that many surf guys have reasons why they won't help one cause or another. Bunch of freaking prima donnas most surf fishermen are. Little girls who cry when access is blocked but do nothing to be responsible when we have access. Pick up some freaking trash once in a while it wont give you the cooties. Even that is too much trouble for these internet fishermen. "Shouldn't the towns have trash cleaners to help clean the beach after the surf fishermen are there, like totally!" that is the mentality out there. Makes me sick. Part of the reason why I hate the guys who look like they stepped out of a surf fishing catalog. They are the worst offenders and least likely to help others. My .02.

[buckethead]

Latest on beach assess from npr.
Dark i know and agree with your points that a lot of surf fishermen are pigs, but we do have a right to be there. JMO


http://www.npr.org/2012/12/12/166988308/in-new-jersey-renewed-debate-over-fees-to-access-public-land-after-hurricane-san (http://www.npr.org/2012/12/12/166988308/in-new-jersey-renewed-debate-over-fees-to-access-public-land-after-hurricane-san)
N.J. Spars Over Free Beach Access Post-Sandy

by DAVID SCHAPER
December 12, 2012 3:33 AM

Superstorm Sandy caused massive beach erosion and damage to the Jersey shore. Some people say the beach restoration work, which will largely be paid for with federal tax dollars, will mostly help to protect expensive homes for the wealthy — people who have free access to the beach — while most communities would still be charging fees for public access.


At an oceanfront park in Long Branch, N.J., Tim Dillingham looks out over the beach in awe of how much the pounding waves and high waters of Hurricane Sandy have changed the Jersey shore.

Dillingham is the executive director of the American Littoral Society, a coastal conservation group. Before the storm, he says, the U.S. Army Corps of Engineers spent years building up the beaches by pumping sand onto them.

But that shouldn't be a solution to restoring the shore, he says.

"We need to design the beaches to be sustainable, to be open to the public, in a way that everybody can get to them, everywhere, and we need to design them so they're ecologically sensitive and they provide for habitat," Dillingham says.

The huge beach restoration cost will be shouldered by the public: Seventy-five percent of it is likely to come from federal taxpayers, with the state picking up a significant chunk too.

Yet much of the beach restoration work will end up protecting private property. The relatively few beach areas now accessible to the public on the Jersey shore often charge fees of $8, $10 and even $12 a day for access. And some towns are considering hiking those fees to help pay for the renovations.

Jeff Wulkan owns Bikini Barbers, a barbershop just off the beach in Long Branch. He says he's fed up with the fees and won't pay them. "I think that they're ridiculous," he says. "I mean, I think the towns make enough money through taxes and fines and all this other stuff."

One of his employees, Jennifer Leotis, isn't a fan of them either but says she pays up to go to the beach in nearby Manasquan. "It's almost $90 for the year and I think it's kind of a rip-off because it's not that nice at Manasquan," she says.

And both Leotis and Wulkan say the fees shouldn't go up to pay for restoration costs.

"Most of it's probably going to go to protect the homes of the superwealthy people that have these multimillion-dollar mansions on the beach," says Wulkan. "So their houses don't get destroyed, you know."

Wulkan and Leotis are hardly alone. In fact, there are similar sentiments in the N.J. state Senate.

Republican Sen. Michael Doherty says he has long been frustrated that N.J. is one of the few states that allow communities to charge beach fees. "The Jersey shore is the domain of single-family homes and they really are not welcoming to outsiders and day-trippers coming in," Doherty says. "They don't want you in their town. That's why there's no place to park, no place to use the restroom, and they charge you seven, 12 dollars just to get on the beach for the day."

And Doherty says for communities to continue charging beach fees after Sandy is even more outrageous.

"They now have their hand out and they want us to send them hundreds of millions if not billions of dollars to rebuild their beaches, yet when it comes time to enjoying the beaches, we're told we have to pay before we can step on the sand," he says.

In response, Doherty is sponsoring legislation that would make public beach access free in all Jersey shore communities that accept federal and state funding for shoreline restoration.

But some officials in beach towns that collect the fees oppose the measure. Thomas Kelaher, mayor of Toms River, N.J., insists they're necessary. "What we do with that money is that pays for the lifeguards, the beach cleaners, and the crossing guards along the highway leading up to the beach," Kelaher says. "And we just about break even every year with what we collect and what it costs us."

Kelaher says if the state wants to pick up those costs, he'd support getting rid of the fees. But it wouldn't be fair to charge his town's property-tax payers more to cover those expenses when mostly out-of-town visitors benefit, he says.

The bill banning beach fees is expected to come up for a vote in the N.J. Legislature in January

[buckethead]

The latest, Sweeney behind it. I hate that JO, I think there was a time when something was important to fishermen and he voted several times against us.

nj.com
Dec 26-2012
The Jersey Shore is still digging and drying out from Hurricane Sandy, the most destructive natural disaster in its history. So what’s the latest recovery strategy from Trenton?Free beaches!
It’s an idea that panders to bennies everywhere who resent being forced to shell out $5 or more to sit on the sand. But it ignores the reality that Shore-goers are used to safe, clean beaches — and that someone has to pay the lifeguards, cops and cleanup crews.

A proposal from Sens. Steve Sweeney (D-Gloucester) and Michael Doherty (R-Warren) ties beach tags to the money Shore towns want for post-Sandy beach repairs. Under the bill (S2368 (http://www.njleg.state.nj.us/2012/Bills/S2500/2368_I1.HTM)), any town that takes state or federal aid would have to offer free beaches and restrooms.
“Where taxpayers are paying for beach restoration, they shouldn’t be taxed a second time just to walk on the sand,” Sweeney said.
But the plan pinches off money to maintain the beaches.

Take Belmar, which sold $3 million in beach tags last summer for lifeguards, police, bathrooms and other beach-related costs. That’s roughly 15 percent of Belmar’s total budget.
Or Long Beach Township, where $1.7 million in 2012 beach tag sales paid the lifeguards. Taxpayers covered everything else.
The bill comes, too, as Sweeney considers challenging Chris Christie for governor.

“It’s a good sound bite,” said Long Beach Township Mayor Joseph Mancini, who doesn’t like the bill. “But it just doesn’t work.”

would let Shore towns keep 2 cents of the 7-cent state sales tax to recoup lost fees. But that requires a constitutional amendment.

Wherever you go to the beach, someone pays for lifeguards or trash pickup. Instead of taxes, like most other states, New Jersey sells beach tags. It rankles, but the user bears the cost.
Taxes fund highways, but we still pay Parkway tolls. NJ Transit will get millions for Hurricane Sandy repairs, but no one suggests they stop charging commuters.

Beaches belong to everyone, and increasing access is noble. Repairing storm damage is a public responsibility, however, separate from summertime maintenance.
Who doesn’t want to see beach tags disappear? But keeping beaches safe and clean isn’t a cost Shore towns should shoulder alone.

[buckethead]

Fema delivers a blow at shore
From Philly.com
http://articles.philly.com/2012-12-24/news/35984027_1_flood-insurance-fema-hurricane-sandy


FEMA delivers a blow at Shore



December 24, 2012|By Amy S. Rosenberg, Inquirer Staff Writer



BRIGANTINE, N.J. - Bill Haeser and Bob Huff were neighbors before Sandy, but the storm has chased Haeser and his wife, Laurel, off their block, at least for now.
Still, their dark-humored buddy routine has held, even as the short-term rebuilding on Cummings Place has stalled, and the long-term future of people like them along the Jersey Shore gets murkier.
Both big guys in their own way, they were happy to see each other again last week in the back of the Brigantine North Elementary School auditorium, where at a FEMA town-hall meeting, their mayor had speculated that requirements from proposed flood-map elevations would "decimate" the island.
Story continues below.


http://articles.philly.com/images/pixel.gif
http://articles.philly.com/images/pixel.gif
Haeser: "I see you filling up that Dumpster."
Huff: "Do you see me limping out there? My knees are shot. I go to the porch at 1, 2 in the morning, look down the block, and it's me, Helen, Tony, that's it."
Haeser: "What are they going to steal, my insulation?"
And really, what can you do if you're Haeser and Huff, at home and in exile, except laugh, cry, lie awake at night, laugh about your Charlie Brown Christmas trees, your six vinegar-sprayed Christmas balls. You vow to stay put in Brigantine one minute, contemplate walking away the next.
Last year at this time, Cummings Place was lit up with the happy surprise of Christmas lights in a beach town, the residents tucked into their horseshoe-shaped street by ocean and bay, their modest yet quirky lifestyle more or less settled.
Settled is the last thing they are now, eight weeks after Hurricane Sandy. Hardly anyone's rebuilding, because insurance payments have not been issued. And there are new wrinkles.
FEMA and town representatives acknowledged last week that the Federal Emergency Management Agency's proposed flood and velocity zones mean steep insurance hikes and the costly if not impossible task of lifting thousands of old homes on pilings.

'Walk away'

Someone like Joe Fumo on nearby Lafayette Boulevard - who is preemptively lifting his home 10 feet in the air like futuristic transformer toys - risks not meeting FEMA's final standards and having to do it all again.
At Brigantine North school last week, the question hung in the air like Fumo's cranked-up Cape Cod: Would FEMA finish the job that Sandy started?
"We'll have to walk away from our homes," said Patty Magee. "I'm not sure people can take a $1,000-a-month rate increase."

[surferman]

John Weber.He talks about access and the public trust doctrine
http://jerseyshore.surfrider.org/campaigns/beach-access/





http://www.youtube.com/watch?feature=player_embedded&v=OdTlqPuWyvg

[DarkSkies]

Thanks surferman. According to friends, Surfrider has played a big part of beach access in the Monmouth County area and other areas in NJ. Folks, take a look at the link he posted and check in on them periodically.

An old school surfer friend of mine was one of the ones that got the towns to blink when they tried to ban surfers and fishermen in the 80's.

From what I was told, there was a ban, and some of these guys (with my friend being at the forefront and putting up the cash to hire a lawyer on retainer and start the litigation process) got the towns to blink...and access to surfers and fishermen was restored.

Things were a lot different back then. People actually got involved and went to meetings....and wrote thousands of protest letters.....:clapping: :clapping:

I wish some of the younger folks who do so much ranting on the internet today about these access issues would get more pro-active and really get involved.

My Nomad tendencies to fish other states have taught me that these places can be shut down relatively easy, skirting around the Public Trust Doctrine, by restrictive parking regulations.....

Those who would be so critical on the internet, demanding access because of this Doctrine....should remember that.....:learn:

[DarkSkies]

Another good story is in Spring Lake.

I believe it was the 80's...when Finchaser, Joe Melillo and the clubs they were affiliated with, rallied together....over 100 guys and their vehicles...and locked down traffic in Spring Lake as they paraded up and down the main street with their vehicles...protesting....:clapping: :thumbsup: when access to surf fishermen was shut down.


Sadly, I doubt that even with more people fishing today, if we needed to do this to make a point, if it could ever happen. The apathy out there is appalling.....:(

I say this not to anger people, but to perhaps ignite some sort of spark, in those that still do care....

With the beach rebuilding we will continue to have access issues. Even with federal dollars coming in for replenishment, somehow fishermen always seem to get short changed.....We need to remember this and keep ourselves informed. To those who contributed to this thread, thanks for continuing to do that.....:thumbsup: :HappyWave:

[DarkSkies]

The lines in the access battles are being drawn. The first battles are these easements that are vexing homeowners and officials alike. We can't move forward without the homeowners signing them. There are vaild arguments on both sides. Here is a Brick Patch article that tries to put some of that in perspective. Sent in by Fin, thanks.


http://brick.patch.com/articles/public-access-fears-dominate-brick-beach-replenishment-meeting?ncid=newsltuspatc00000001
Public Access Fears Dominate Brick Beach Replenishment Meeting
Homeowners concerned with easement language, lack of established dune line
3-24-13


By Daniel Nee (http://stripersandanglers.com/users/daniel-nee)



Though Brick officials have pledged the status quo will remain along the township's oceanfront, homeowners at a meeting Saturday said they have concerns over preserving private beach access as well as the lack of an established dune line in a proposed beach replenishment plan.

In order for the project – which is primarily funded by the federal government – to move forward, oceanfront residents and beach associations would have to sign easements to allow the dunes to be built and maintained partially on private property.

The state has set an April 1 deadline for easements to be signed, while Rep. Jon Runyan's office has set a federal deadline (http://brick.patch.com/articles/deadline-set-for-dune-easements-to-be-signed) of May 1.
"I do not want to put Ferris wheels or boardwalks behind anyone's house," Mayor Stephen C. Acropolis told more than 100 residents at the meeting. "I don't want more beaches. We have three beaches and that's enough. I don't want to take anyone's private beach."
Township attorney Jean Cipriani said the easements entitle public officials to access private property only for the scope of the dune renourishment project itself, so the prospect of using the documentation as license to build a boardwalk, restrooms or parking lots is out of the question.

"The Army Corps has confirmed through their project engineer that the public access that would be constructed is only to replace the exact access points that exist now," said Cipriani.
But some residents have doubts.
Homeowner Ed Pilot, as well as many others at the meeting, pointed to a subsection of the easement that states one of the goals of the project is to "implement the Public Trust Doctrine and ensure permanent public access, use and enjoyment of the beach and ocean."
"What's to prevent the DEP to come in after the project is finished and sue everyone to allow public access to their beach?" asked Pilot.
Attorney John Paul Doyle, representing 14 homeowners, also pointed to the public acces language, asking whether the easement – the boundaries of which are not technically defined yet in Brick – could mean private streets would be opened for public parking.
Cipriani said the easement is "limited by the project area," meaning the dune renourishment project itself.

Though some residents at the meeting claimed the section on the public trust doctrine – a legal principle that maintains certain lands are held in trust for the use of the public – was not present in earlier versions of coastal easements, a check of public records by Patch found that easement agreements in Long Beach Township and Mantoloking going back to 2007 included the same language.
In Long Beach Township, Surf City and Harvey Cedars, public access points did not change since replenishment projects were completed there, nor were showers, parking lots or other amenities constructed.
Acropolis said even advocates for more public beach access have been largely satisfied by Brick's current access level.
"There is a group of people around here where that's all they do - sue for public access," he said. "They've never sued Brick Township."

Cipriani said the state Department of Environmental Protection will not allow changes to be made to the easement document itself, though the township may be able to add a supplemental section explaining its position on certain issues.

Acropolis said eventually, the debate over whether to sign easements may be ended by legislation.
"There is a deadline, and it will move forward," said Acropolis. "I would much rather have input at the local level with you than have someone in Trenton set the policy as for what should happen."
Legislation that would empower municipalities or the state to condemn the easement areas and factor in the added value of the project to reduce payouts to homeowners is pending, and Gov. Chris Christie has come out strongly in favor of the replenishment project.

Acropolis also spoke of the need for replenishment to protect all of Brick's residents, including those on neighboring streets on the barrier island as well as those across the bay.
"Most of the professionals believe that if the breach [in Mantoloking] hadn't happened, most of the homes on the mainland would not have flooded," the mayor said.

[VSdreams]

Check this out a state that makes it mandatory to improve fishing access when bridges or roads are improved.
Is it NJ? No way. it's Maryland. :blackeye:



New law to improve recreational access along bridges and roads
View all related news articles (http://www.keepamericafishing.org/news/related_news/marylands_waterways_bill_signed_into_law)

On April 9 , Maryland’s Governor Martin O’Malley signed into law HB 797 which promotes safe recreational fishing, canoe and kayak access to waterways along Maryland’s bridges and roads . KeepAmericaFishing thanks those Maryland anglers that took action and sent their message along. We hope that other states will follow this model and improve their own recreational waterway access
Lack of access to fishable waters is commonly cited as one of the top concerns among anglers. In an effort to help turn the tide and provide better public access to Maryland’s thousands of miles of rivers, streams and shorelines, Governor O’Malley recently signed into law a bill (HB 797) to promote safe recreational fishing, canoe and kayak access along the state’s bridges and roads. This is a tremendous victory for anglers and can be used as a model for other states to incorporate. KeepAmericaFishing™ wishes to thank the legislators, fishing and conservation organizations, and interested citizens who helped support this bill’s passage. KeepAmericaFishing members supported this legislation and we thank you for helping make passage possible.

Maryland’s 10,000 miles of rivers and streams, as well as its 4,000 miles of tidal shoreline, can be difficult to access because adjacent roads and bridges can lack safe shoulders, pull-off areas or parking. These areas often were constructed without regards to access and angler safety. Oftentimes access can be provided at minimal or no cost, but is not incorporated in project planning.

HB 797 addresses this problem and will enhance waterway access by requiring state and local transportation departments to consider providing, where reasonable and cost-effective, waterway access in roadway construction or reconstruction projects.

Before being signed into law by the Governor, this non-controversial, bipartisan and cost-effective legislation passed the House of Delegates by an overwhelming 130-3 margin and the Senate by 47-0 margin. The bill was supported by KeepAmericaFishing, the Maryland Legislative Sportsmen’s Foundation, the Chesapeake Conservancy, Maryland Bass Angler’s Sportsmen’s Society, and many other fishing and conservation organizations, as well as the Maryland Department of Transportation and Department of Natural Resources.

HB 797 would help promote outdoor recreational opportunities for families; greatly improve safety for recreational users and motorists alike; help stimulate the economies and livability of local communities; and enhance the health and quality of life of our citizens. KeepAmericaFishing looks forward to working with other state legislatures and transportation agencies to incorporate this beneficial and non-controversial legislation throughout the country.


http://www.keepamericafishing.org/action/article_ne/marylands_waterways_bill_signed_into_law

[VSdreams]

This is the actual law. Why can't we have something like this in Jersey?

http://mgaleg.maryland.gov/2013RS/bills/hb/hb0797f.pdf

[finchaser]

I guess because were not in bed with Omega protein,because we don't look the other way with all the illegal netting in the Chesapeake . We are a game fish state and don't have a commercial fishery with an 18" size limit . So I guess they want to be reelected so they flip them a bone from time to time.

[hookset]

Wanted to add something quick, I have been out and about in Monmouth County and noticed some of the paths to the beach where we had access are now fenced in. The one I'm thinking of most is Lake Takanassee where there are constructing all those big multimillion-dollar homes.