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

[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/publ...uspatc00000001
Public Access Fears Dominate Brick Beach Replenishment Meeting
Homeowners concerned with easement language, lack of established dune line
3-24-13

• By 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 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.



New law to improve recreational access along bridges and roads
View all related news articles

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/ac...igned_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.