To put it plainly, the New Waterfront Public Access Rules (“New Rules”) that were published by the Christie Administration April 4, 2011 will vastly reduce the ability of the citizens of New Jersey to avail themselves of the State’s beaches, shorefronts and riverwalks.

Under the proposed New Rules, determination of the beachfront permitted for use by the general public will be determined, not by federal standards adopted by the state in 1973 but ultimately by the local shore municipalities. The NJ Department of Environmental Protection, the agency empowered to protect the access rights of the general public, will lose its ability to oppose those local decisions. Over the years there have been numerous attempts by various shore communities to bar the general public from their beaches. These New Rules will allow them to diminish public access as much as possible with little or no hope of being able to effectively challenge or overturn court decisions that favor local municipalities. The Christie Administration is saying to them,” Go to it.”

Even more importantly, the New Rules strip away the term “public trust” from every section of the present rules that refers to public usage. The reason for such a drastic move is that almost every court case brought in an attempt to override public access has been defeated because judges have consistently upheld the Public Trust Doctrine (“Doctrine”). This principle is based on a centuries-old Roman law which requires the government to provide the public with use of the waterfront. It has appeared in NJ legal decisions from 1821 (Arnold vs. Mundy) to 2005 (Raleigh Ave. Beach Association vs. Atlantis Beach Club). The Doctrine has been a powerful tool in preserving the concept of public usage. Now, however, that these critical words “public trust” are removed from the New Rules, it will make it easier for courts to rule against the public interest and in favor of local municipalities. Altogether, the Christie Administration wants to reduce the power of the Doctrine as well as diminish the right of citizens to the access long guaranteed to their waterfront.

Lastly, there is a popular saying about a baby and bath water which means destroying everything for one less important cause. That is what the New Rules do. They are too sweeping in scope and unnecessarily destructive. There are other ways to change existing and long standing rules. Rather than governing with a hammer why not try building something together. These New Rules do not do that and need to be withdrawn.

Hudson River Waterfront Conservancy of NJ, Inc.

The April 4, 2011 proposed access rules (“New Rules”): 43_NJR_772A_Proposed Public Access Rule

Beach Access issues:

http://videos.nj.com/star-ledger/2011/05/ledger_live_brushes_the_sand_o.html (removed by owner)  Deleted by owner