This was posted somewhere else, latest update.




Commissioner Lisa P. Jackson has requested that I respond on her behalf to your recent e-mail regarding potential limitations on public access to tidal waters, specifically fishing access on jetties and groins.

As you know, the Public Trust Doctrine upholds that the public has the right to access tidal waterways and their shores and that these rights are held by the State in trust for the benefit of all the people. Accordingly, the Coastal Zone Management rules have always required public access to and along tidal waters and their shores when issuing permits for most coastal developments and activities, particularly along the oceanfront. Further, in recognition of the use of jetties and groins for fishing, the public trust rights rule required municipalities participating in Shore Protection Program funding to allow public access to jetties and groins, unless it is demonstrated that such access poses an extraordinary risk.

This exception will be applied at my discretion with the understanding that there are inherent risks associated with fishing from these structures under normal circumstances and that people engaged in fishing on these structures understand and accept such risks. In short, I would expect any restrictions on such jetties to represent exceptions rather than the rule.

Please contact the Bureau of Coastal and Land Use Compliance and Enforcement's Toms River field office at (732) 255-0787 and speak to the appropriate regional representative with any specific information you may have or receive related to public access restrictions. Thank you again for your interest and involvement in preserving public access.


David Rosenblatt
Administrator, Engineering and Construction
dave.rosenblatt@dep.state.nj.us
609.292.9236 Trenton
732.255.0770 Toms River