New N.J. beach access rules a big step back backward: Star-Ledger Editorial
Posted: 10/22/2012 10:11 AM
The state’s new beach access rules are likely to be embraced by many Shore towns when they go into effect Nov. 5, for a simple reason: The rules require nothing from them.
Under the old rules, these towns had to make sure the public could reach the beach, or risk losing beach replenishment funds. But an appeals court ruled that funding and access could not be connected. Now, the worst that might happen if a town has no plan is that there might be a delay in funding. Maybe.
And that’s a big maybe. State officials say towns have three years to voluntarily deliver a plan — with beach access every half-mile, not every quarter-mile as in the past. Towns without a plan will go to the end of the line for beach replenishment funding or maintenance permits.
Only one problem: Neither penalty is in the actual rules. Which means a Shore town can exert any political or personal leverage to be the exception to a rule that doesn’t even exist. And still receive funds while doing zilch. It’s a huge escape hatch. The state says its hands are tied by the ruling, but its extreme interpretation of the law is not shared by everyone. Opponents say the state is putting all control in the hands of towns that have blocked public use of the beaches for decades. And if you’re a beachgoer chased off the beach? You’ll have to sue in court.
Preserving public access to tidal waters, by law and history, has always been the state’s charge. But the new rules are a giant leap backward. "They’re telling towns, ‘You figure it out,’ without a lot of oversight," said Tim Dillingham, executive director of the American Littoral Society, an environmental group that has promoted greater access.
Raymond Cantor, chief adviser to Robert Martin, commissioner of the state Department of Environmental Protection, said towns that submit plans to the state will have to hold public hearings. The plan is not a must, he conceded, "but it’s strictly encouraged." Cantor said many towns see the value of drawing tourism.
That optimistic view ignores a long history of resistance, during which towns and property owners have erected shrubbery and walls, failed to provide restrooms and limited parking to prevent visitors from lingering at the Shore. It’s hard to see how the new rules provide any incentive for towns to do the right thing and provide access to what, in essence, belongs to all people of the state.
http://mobile.nj.com/advnj/db_/conte...l=true#display
Reply With Quote
Originally Posted by hookset
