Soon, You May Be Able To Go To Any NJ Beach – And Not Get Booted

New Jersey is on the brink of enacting a law that could ultimately eliminate private beaches, allowing anybody to go to any beach they want.

But there are some sticking points in the bill that beach-access advocates aren't happy about, and could defeat the purpose the bill.

And you'd still have to pay – the bill doesn't address that issue, nor does it deal with parking.

The Senate and Assembly passed a bill Monday that would provide for the protection of the public’s rights to access beaches under the "Public Trust Doctrine." The near-unanimous votes sent the bill to Gov. Phil Murphy for his signature.

Under the Public Trust Doctrine, the state of New Jersey holds all tidally flowed lands in trust for the use and enjoyment of the public.

But it hasn't been enforced to its fullest extent – indeed, not even really close – because New Jersey has often allowed people to privatize their beaches without taking any enforcement action.

And it hasn't been enforced because, well, it hasn't been treated as a law, and definitely not a state law. The doctrine, which is based on centuries-old principles, is considered the "common law" of the United States.

The bill, however, would eliminate any of those questions, essentially codify it and make it a state law.

“The Public Trust Doctrine ensures the right for New Jersey residents to have access to its natural resources, beautiful landscapes and natural waters,” said Sen. Bob Smith, D-Middlesex/Somerset. “New Jersey’s beaches and waterfronts are for everyone. The right to access them must be preserved and honored for all residents. The Public Trust Doctrine establishes legal rights of the public to access and use oceanfront property for recreation, navigation and fishing.”

The bill would confirm in the statutes "the longstanding and inviolable public rights under the Public Trust Doctrine to use and enjoy the state’s tidal waters and adjacent shorelines," the lawmakers say. The people’s ownership of the tidal waters and adjacent shorelines is held in trust by the state, the lawmakers say.

But Jeff Tittel of the New Jersey Sierra Club said the bill only allows the state Department of Environmental Protection to take action against private beach owners if its "practicable" – meaning, when it's reasonable.

That language, he said, could put roadblocks in the way of the DEP when it takes enforcement action against a private beach owner – and could force them to have to get the local community's approval, for instance. And maybe even the beach owner.

"It really keeps things as status quo," he said.

Tittel questioned whether the state bowed to business interests who are worried about losing private beach clubs when it added the "practicable" language.

Indeed, the New Jersey Business & Industry Association (NJBIA) urged lawmakers to accept "common sense amendments" to protect the public's right to access New Jersey's waterways without the regulatory excesses of the past.

"Requiring 24/7 access on beaches and parks, as well as private property, proved to be unworkable when they were imposed as regulations in the past," said NJBIA Vice President for Government Affairs Ray Cantor. "They required facilities simply rebuilding a bulkhead to pay tens of thousands of dollars to local communities for their public access 'payment' and could allow people to fish in a homeowner's back yard."

The lawmakers say the bill attempts to strengthen public access to the waterfront while properly balancing the rights and concerns of private property owners, be they residents, governmental entities, industrial operators or the like.

The bill puts into statute Department of Environmental Protection rules and regulations as they relate to marinas and existing public access on such properties, and how to deal with applications for permits or other approvals issued by the DEP on marina properties to ensure that public access to the waterfront and beaches is not diminished.