PDA

View Full Version : NJ Spars over free beach access



buckethead
12-14-2012, 12:49 PM
From npr

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

finchaser
12-14-2012, 05:47 PM
Money talks and bullsh_t walks once again the rich get help for giving political contributions. I guess next the illegals will have free Beach's to go along with there free health care and be allowed to keep shorts. The middle class what's left of it pays the tab.

DarkSkies
12-15-2012, 02:22 PM
The middle class what's left of it pays the tab.

We always do....
I really wish folks could get more involved in things like this and making their voices heard to those in Gov't.

Hearing those stories this morning in Castaways B&T of how fishermen groups got involved and wouldn't let access be denied was inspirational.
Unfortunately I don't see that happening in the times we live in.

The same old people get involved and try to motivate the troops.
The beaches belong to everyone...folks should remember that when the access hearings come up.

It would be very easy for the local gov'ts in NJ to mirror the beach access restrictions I have seen in Ct....and it could happen just as easily, if people don't keep informed....

Thanks Buckethead, and Fin, a big thanks for all you and the old timers did to fight for the access we have today. :thumbsup:

storminsteve
12-15-2012, 04:37 PM
I think I read this here somewhere that if they accept federal dollars they are obligated to have beach access for fishermen. Not charging the swimmers as well is a first I am hearing of it. I hope that does go through. Honestly I wouldn't mind paying to use the beach if it does help the towns rebuild. You can never tell with something like that though. How do I know my money will go beach access instead of buying flowers for the mayor or some stupid awards ceremony?

DarkSkies
03-25-2013, 09:48 AM
Steve, good point. 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
03-25-2013, 01:39 PM
. How do I know my money will go beach access instead of buying flowers for the mayor or some stupid awards ceremony?

I feel the same way. plus when you go to delware you don't have to pay for beaches there. Why pay here. Itl like every chance they can get they try to squeeze more $$ out of us.

DarkSkies
05-31-2013, 11:34 AM
An update for Ocean County, sent in by Fin, thanks!


http://brick.patch.com/articles/86m-ocean-county-beach-replenishment-project-on-army-corps-agenda?ncid=newsltuspatc00000003
$86M Ocean County Beach Replenishment Project On Army Corps Agenda

Runyan announces inclusion of project in USACE report to Congress


By Daniel Nee (http://stripersandanglers.com/users/daniel-nee)
May 30, 2013




http://o3.aolcdn.com/dims-shared/dims3/PATCH/resize/273x203/http://hss-prod.hss.aol.com/hss/storage/patch/7d899e51e4fff31286f821c40e6f3958


The beach replenishment project that will include engineered dunes and rebuilt ocean beaches between Manasquan and Barnegat inlets has been included in a list of authorized projects the U.S. Army Corps of Engineers has submitted to Congress for 2013.

The project is estimated to cost $86 million, the report said, and will be funded through appropriations included in the Jan. 2013 Superstorm Sandy aid package passed by Congress.

"I am pleased that the Army Corps of Engineers understood how badly towns like Seaside Heights, Mantoloking, Lavallette, and Normandy Beach need this project constructed to prevent damage from potential future storms," said Runyan, in a statement issued Thursday. "Hurricane Sandy proved that these areas have serious vulnerabilities. We have no time to waste, and I urge the [Army Corps] to get to work on construction as soon as possible as these towns represent some of the most at risk areas on the entire New Jersey shoreline."

The project's design – which would include the construction of approximately 25-foot high dunes, 75 foot wide berms and 175 acres of dune grass in the project area – was completed in 2007, but has languished after some oceanfront homeowners refused to sign easements that would allow the work to be completed, and maintained in the future.

Runyan's office had previously set a May 1 deadline for oceanfront property owners to sign easements allowing the project to go through. That date has passed, however, without the easements being signed by a large number of owners.

New Jersey lawmakers are considering legislation that would effectively cap payouts to homeowners (http://brick.patch.com/articles/deadline-set-for-dune-easements-to-be-signed) who do not sign easements and whose slivers of dunes are taken through the eminent domain process.

The bill is a response to an award granted to a Harvey Cedars couple, Harvey and Phyllis Karan. The couple received a judgment of $375,000 against that town for the small easement in front of their home that was taken as part of a beach renourishment project.

Toms River officials this week worried using the eminent domain process in the absence of such a law would expose the township to large financial risks.
"We could not possibly expose ourselves to that damage determination," Mayor Thomas Kelaher said before the Township Council this week.
Earlier this month, Kelaher — following the advice of Gov. Chris Christie — began "calling out" easement holdouts (http://tomsriver.patch.com/articles/easement). The first named was John McDonough, owner of the Ocean Beach III property where he leases homes.

Securing easements is "an ongoing problem," Kelaher said. "This is probably the most frustrating thing that I've been involved with in my life."
Mantoloking has retained an attorney (http://brick.patch.com/articles/mantoloking-hires-attorney-for-potential-easement-fight) to handle potential eminent domain cases, while other municipalities are still working with homeowners.
"The dune line was only set two weeks ago, so we had to give people some time to look at the line and where it is," said Brick Mayor Stephen C. Acropolis, referring to maps showing exactly where easement lines would be set in his town. "We're going to probably set our own unofficial deadline of June 15, since that will give people a full month to do what they need to do."

There have been no definitive refusals among Brick oceanfront homeowners, said Acropolis. About 40 have signed already.
"At this point, there shouldn't be anything holding back anyone from signing the easements," he said.