    [From the U.S. Government Printing Office, www.gpo.gov]

                               New Jersey Ocean Beach
                               Access Strate Y

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                 wKwrm.,4&-r_-kLDepartment of Environmental Protection -Division of Coastal Resources

                                                         COASTAL ZONE

                                                     INFORMATION CENTER

                             NEW JERSEY OCEAN BEACH ACCESS STRATEGY

                                   Property of CSC bibraxy

                                               Bureau of Coastal Planning and
                                                Development
                                               Division of Coastal Resources
                                               Department of Environmental Protection
                                               April , 1984
                                               Principal. Author: Karen.J. Kominsky

            r4
                                U S DEPARTMENT OF COMMERCE NOAA
                                COASTAL SERVICES CENTER
                                2234 SOUTH HOBSON AVENUE
         r4)
                                CHARLESTON , SC 29405-2413

             NEW JERSEY OCEAN BEACH ACCESS STRATEGY

             I.   Introduction   . . . . . . . . . . . . . . . . . . .

                  A.  Goal of the Strategy
                  B   Statement of the Problem
                  C.  What is Public Access?
                  D.  Role of the State
                  E.  Public Access Standards

             II.  Existing Conditions   . . . . . . . . . . . . . . . . . . . . 8

                  A.  Municipal Profiles
                  B.  Shoreline Ownership
                  C.  Transportation Facilities
                  D,  Beachfront and Support Facilities
             III. New Jersey Public Access Problems   . .. . . . . . . . . . . .10

                  A.  Private Ownership
                  B.  Insufficient Parking
                  C.  Lack of Support Facilities
                  D.  Lack of Barrier Free Access Points
                  E.  Poor Visual/Physical Access
                  F.  Accessway Maintenance
                  G.  Liability
                  H.  Fishing Access Limitations

             IV.  Access Problems by Geographic Area   . . . . . . . . . . . . 14

                  A.  Identification of Geographic Area
                  B.  Description of Access Problem
             V.   Method of Providing Access  . . . . . . . . .. . . . . . . . 18

                      A.  Purchase of Fee Simple Title
                      B.  Purchase of Easements
                      a.  Prescriptive Easement
                      b.  Conservation Easement
                      C.  Leases
                      D.  Post-storm Acquisition
                      E.  Legislation

                          1. State Legislation
                          2. Municipal Ordinances

                      F.  Local Incentive Programs

             VI. Recommendations     . . . . . . . . . . . . . . . . . . . . .       19

                       1.  Revision of Coastal Policy
                       2.  Use of Accessway Guidelines
                       3.  Inter-departmental Coordination
                       4.  Provision of Public Information
                       5.  Public Transportation Issues
                       6.  Island Beach State Park Bus Shuttle
                       7.  Signing Program
                       8.  Technical Assistance
                           a. Land Use Controls
                           b. Model Municipal Access Ordinance
                       9.  Beach Fees
                      10.  Acquisition of Access Rights
                      11.  Fishing Access
                      12.  Use of Tidelands Conveyances
                      13.  Improvement of Access for People with Physical Handicaps
                      14.  Access Handbook
                      15.  Shore Protection Grants
                      16.  Access to Shore Protection Structures

                   Tables and Figures

                   Table 1 Municipal Profile Data                                     8A
                                                                                      9
                         2 New Jersey Shoreline Ownership     . . . .      . . . . .
                         3 Shorefront Characteristics by Municipality      . . . . .  9A
                         4 Availability of Public Transportation    . . . . . . . .   9C
                         5 Access Conditions   . . . . . . .. . . . . . . . . . . .   10A
                         6 Access Standards and Ratings     . . . . . . . . . . . .   15A
                   Figure 1 Coastal Beach Profile    . . . . . . . . . . . . . . .    4
             Appendix A   . . . . . . . . . . . . . . . . . . . . . . . . . . .      29

                   Model Municipal Access Ordinance

            I. INTRODUCTION

                  A. Goals of the Strategy

                  The goal of this beach acces-s report is to define public
            access, to identify the nature, location and severity of barriers to
            public access to New Jersey's ocean beaches and to recommend a
            strategy to address these barriers.

                  B. Statement of the Problem

                  The New Jersey Coast is a magnificent natural resource.
            Its 126 miles of ocean beaches provide enjoyable recreational
            opportunities for residents of and visitors to the state. The
            state's second largest industry, tourism, is dependent on the use of
            coastal beaches.    In  1982, tourism in the Atlantic coastal area
            produced $4.9.billion  in revenues in addition to having generated a
            large number of jobs.    (DEP, 1983).   However, not all beaches are
            open to the public.    The New Jersey shoreline is characterized by
            differing degrees of   development and ownership.     These differing
            conditions create a major issue. for those who live, work and visit
            the coast: the availability of public access. This issue has
            become increasingly important in the past three decades as highway
            construction,, improved transportation and increased affluence have
            made it easier for people to go to the beaches.     Also, undeveloped
            oceanfront land has become increasingly scarce, elevating coastal
            land values.

                  C. What is Public Access?

                  "Public access" requires a.working definition. Access can best
            be defined as the ability to physically and visually "reach" the
            shorefront.    Ease in entering and making use of facilities is
            essential to recreation.     Public use can be discouraged by such
            direct obstacles as private property restrictions or protective
            fencing, and by such indirect impediments as the lack of public
            transportation or parking facilities.

                  Some municipalities, in response to the hiaher volume of
            seasonal visitors, have enacted restrictive ordinances governing
            beach activities, parking, etc.     In addition, some municipalities
            have sold beachfront properties for motels, hotels and private
            development. These practices have contributed to preemption of the
            public from the shoreline.

                  However, residents of non-coastal communities provide much
            needed support to oceanfront communities.      Coastal municipalities
            receive State funds which require state-wide voter approval for
            coastal projects.    The shore protection program, funded by bond
            issues which require such approval provides aid for coastal protec-
            tion projects.   To date, *80 million dollars have been approved for
            use in shore protection projects.

                                              2

                While beaches are frequently thought of as "public lands" by
           the public, only the area below the mean high water mark, the "wet
           beach," is legally public domain in New Jersey. The dry beach
           portion may be public or private, depending on whether it has been
           sold to private interests by"State or local governments.

                The Public Trust Doctrine has been recognized as a part of
           English Common Law since the 13th century. It is based on the
           principle that the sovereign holds title to tide-flowed lands in
           trust for the public and is obligated :to protect the public's right
           to fish.and navigate in the waters above those.lands.

                Following the American Revolutioni, the English     Crown's rights
           and obligations with respect to tidelands became          vested in the
           State.   Notwithstanding this fact, in the late 18th      and early 19th
           centuries,, New Jersey sold its interest in bay and ocean tidelands
           along about on-third of the Atlantic Ocean to local and Federal
           governmentsp and to private interests. While New Jersey courts have
           never ruled that the outright conveyance of publicly owned tidelands
           violates the public trust doctrine, they have held the doctrine
           requires continued access to the public for purposes of navigation
           commerce and fishing. In 1976p the New Jersey Supreme Court extend-
           ed the doctrine beyond fishing and navigation to include recrea-
           tional uses [see Borough of Neptune vs. Borough of Avon-by the Sea,
           61 NJ 296, (1976)].    In 1978,   the Court ruled that when a beach is
           municipally owned, the doctrine applies to the dry sand portion of
           beaches as well as the portion below mean high iFai-ter (see Van Ness
           vs. Deal, 78 NJ 17-4, (1978)].

                More recently, the New-Jersey Supreme Court has ruled that a
           quasi-public beachfront property owners association in the Borough
           of Bay Head must allow the general public to have access to - its
           beach.

                The Court's decision in Matthews v. Bay Head Improvement
           Association extends that public right established in Borough of
           Ne@tune v. Borough of Avon- by- the-S e.a to beaches vihiZh, though
           Privately owned, are leased to an improvement association and
           are operated in a public manner.

                The Bay Head Improvement Association maintains, polices and
           guards approximately 70 private parcels of beach leased to it by the
           property owners, but restricts membership in the Association and
           access t6 the beach to residents, guests, and some municipal
           employees.    The Court in ruling that the association was no dif-
           ferent from a municipality, once again noted the historic importance
           of the public trust doctrine, which holds that sovereignty over
           lands flowed by the tide is held in trust by the State for all
           citizens.

                                             3

            The ruling also directs the Association to make a "reasonable"
            number of seasonal and daily beach badges available to the general
            public.

                 Perhaps the most significant aspect of the decision is that it
            was not based entirely on the quasi-public nature of the Bay Head
            Improvement Association, but on the unique importance of the
            public's right of access to the shore, regardless of ownership. The
            Court said "recognizing the increasing demand for our State's
            -beaches and the dynamic nature of the public trust doctrine, we find
            that the public must be given both access to and use of privately-
            owned dry sand areas as reasonably necessary.     while the public's
            rights in private beaches are not co-extensive with the rights
            enjoyed in municipal beaches, private landowners may not in all
            instances prevent the public from exercising its rights under the
            public trust doctrine. The public must be afforded reasonable
            access to the foreshore as,well as a suitable area for recreation on
            the dry sand".

                 The Court recognized that there are limits to this right,
            saying that "this does not mean the public has an unrestricted right
            to cross at will over any and all property bordering on the common
            property. The public trust is satisfied so long as there is reason-
            able access to the sea".     The determination of what constitutes
            reasonable access was not decided by the court.      "Precisely what
            privately owned upland sand area will be available to satisfy the
            public's rights under the public trust doctrine will depend on the
            circumstances," Justrice Schr*eiber has stated.       Factors to be
            weighed include the location of the dry sand area in relation to the
            foreshore, extent and availability of publicly owned upland sand
            area, nature and extent of public    demand and usage of the upland
            sand by the owner.    If a dispute   between a property owner and a
            party seeking to gain access arises, the claim of the property owner
            will be honored until the matter is settled in court.

                Recognizing the early stag*e of  the implementation of the court
            decision, the issue of beach access  as addressed by this study will
            be limited to physical and visual access to public trust lands and
            to the present restrictions on-dry sand portions of the beach.

                A beach can be defined as a gently sloping area of unconsoli-
            dated mi-terial, typically sand, that extends landward from the water
            to the area where there is marked change in material or physographic
            form, or to the line of permanent vegetation.    The upiand limit of
            beaches is typically defined by the vegetation line or the first
            .cultural feature, such as a road, seawallf or boardwalk.

                                              4

                  when one sees a beach, two major areas are usually visible
             (Figure 1). One section is the back beach or b-ackshore, which
             extends from the mean high water line landward to the upland limit
             of the beach.   This section of the beach is called the dry beach.
             The other major area of a beach is the beach face, or foreshore,
             which is that section of the beach exposed to tidal action from the
             mean low water line up to the mean high water line. This section of
             .the beach is called the wet beach.

                  A beach is a dynamic geologic feature because the shape
             of a beach can be changed by the waves that constantly break on it.
             The' size and shape of New Jersey's beaches are governed by many
             interacting processes and factors.     Some of these include size of
             particles, tidal. range, orientation of the beach, longshore drift,
             wave activity, winds, and presence or absence of shore protection
             structures.,

             Figure 1 Coastal Beach Profile
             M5V                 DRY SAND             WET SAND                   SEA

                   Vegetation
                     and Dune                     Tide------            Low Tide
                      Line                    Line                      Line

                  The wet sand region in all  parts of the state  is subject to the
             public trust doctrine, as are the municipally owned portions of the
             dry beach area. This theoretically assures the right of the public
             to use the area for navigation, fishing and recreation.        However,
             the dry-sand beach may be privately owned, and it is the dry-sand
             area to which access is generally soughti,         Privateownership,
             therefore, is a primary-impediment to access.

                  Public Access to the beach is the ability of the general public
             to pt7y-sically anU-visually reach and make use of oceanfront recrea-
             tional resources.

                  In New Jersey,, a number of    barriers to public access exist.
             Often, private ownership of dry     sand areas precludes any recrea-
             tional use of the wet sand beach by the public. Privately owned dry
             beach areas become de facto private beaches.     In the case of priv-
             ately-owned clubs and hotel beaches, the actual use of the beach is
             often limited to members and guests.    Facilities at such establish-
             ments, such as parking, showers and res   "t rooms are not for public
             use.  Therefore, the general public is excluded from making use of
             the wet sand beach unless it can gain access from an adjacent area.
             Even then access is limited to the area below mean high water.
                  U
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                                               5

                  Private residential/commercial development can limit visual as
             well as physical access to the water. The protection of viewsheds,
             often overlooked, can enhance the character of a site and contribute
             to protecting natural features and property values.

                  Fishermen continually experience access difficulties. Examples
             are a vacated or fenced street end, strict parking regulations or
             a lack of parking; all   of which deny access to a jetty or another
             desirable fishing area.

                  A lack of public     transportation, parking 'restrictions or
             minimal availability of   parking; a lack of support facilities such
             as restrooms, changing    rooms, showers and food services; and re-
             strictive municipal ordinances. concerning beach use are also
             impediments to public access.    These impediments can discourage the
             public use of the wet beach area.

                  This beach access report provides criteria upon which to judge
             access conditions in municipalities and sets a standard to be used
             in policy determination.

                  D. Role of the State

                  The State in its role as a trustee on behalf of the public, has
             a clear interest.in seeing that adequate public access to beaches is
             provided.   Support for this premise is found in the Public Trust
             Doctride, the Federal Coastal Zone Management Act of 1972, the
             1977 Governor's Beach Access Study Commission Report, and the
             State's shore protection role-.

                  New Jersey's' Coastal Management Program includes a shorefront
             access and a shorefront protection planning element, as required by
             the Federal Coastal Zone Management Act of 1972 (P.Lo 92-583, as
             amended).   According to the Act,,    each state's management program
             must include, "A definition of the term 'beach' and a planning
             process for the protection of, and access to public beaches..."
             (Section 305).

                  DEP's Rules on Coastal-Resource and Development Policies, which
             form the substantive element of the Coastal Management Program serve
             as the basis for all State coastal permit decisions, require that
             adequate access be provided in all proposed shorefront develop-
             ment (N.J.A.C. 7:7E-8.13)o

                  In 1977, the New Jersey Beach Access Study Commission, selected
             by then Governor Brendan Byrne, completed a year-long study of
             public access issues, The Commission recommended the implementation
             of various Federal, State and local initiatives to improve access
             conditions in the state.      Recommended State initiatives included
             the enactment of a beach management law, the establishment of
             bus shuttle services to beach areas, the development of oceanfront
             parks in cooperation with oceanfront county governments and the
             acquisition of property for use as*beach accessways.

                                              6

                The New Jersey Shore Protection Master Plan      1981  was prepared
           pursuant to a legislative directive "to prepare a comprehensive
           beach protection plan for a 5 year capital program for beach protec-
           tion facilities, projects and programs" (P.L. 1978, C. 157, Section
           5), and addresses public access in the context.of State grants for
           shore protection.     The shore protection program Rules and Regula-
           tions, adopted in December, 1982 (N.J.A.C. 7:7F) to implement the
           Master Plan,  provide that the State accept 75% of the cost of shore
           protection projects.     The 75% State matching grants awarded through
           the program will be conditioned on compliance with DEP's Rules on
           Coastal . Resource and Development Policies in four policy areas:
           beaches, dunes, erosion hazard areas and public access to the
           shorefront.     Local governments must be able to demonstrate that
           adequate public access will be provided to the area affected by the
           shore protection project. Factors to be evaluated will include, but
           are not limited to:

                 1.   Physical access to anyone at a reasonable non-discrimina-
                     tory cost (if a fee is charged) to the area affected by the
                     shore protection project,

                 2.   Adequate parking or public transportation for non-resi-
                     dents,

                 3.   Public ownership or control of beach areas and access
                    @routes.

                 This 'is to insure that the beach area protected by the shore
           protection project wi.11 be accessible to the public who paid for the
           project.

                 The rising demand for open space has increased the demand on
           coastal recreation areas.         A. Statewide Comprehensive Outdoor
           Recreation Plan [SCORP] prepared by DEP in 1977 concluded,that there
           is a need to not only increase the use and enjoyment of existing
           facilities but to  *acquire additional open space to meet New Jersey's
           recreational needs as well.        The coastline is identified as a'
           primary recreation area by the SCORP.        The plan demonstrates that
           the State has a clear interest in seeing that residents and non-
           residents of the coast have sufficient beach resources available to
           them.    Beach access planning and policy formulation is a primary
           element of efforts in this concern.

                 E.   Public Access Standards

                 There are no uniformly applicable access standards. To adequate-
           ly formulate a plan for beach access,, a determination of what is
           considered an acceptable level of service must be made. This can be
           expressed as the placement of access points at certain intervals
           along the shoreline or the location of parking facilities in rela-
           tion to access points. Due to the varying conditions and degrees of
           development along the New Jersey coast, application of standards of
           this type would be difficuLt at best.

                                             7

                   The following favorable access conditions will be used to
             evaluate the adequacy of beach access:

                   1.  Accessibility by auto.

                   2.  Adequate parking within close proximity of public right-of-
                       ways to the oceanfront area.

                   3.  Accessibility by public transportation which has an ade-
                       quate route pattern and service frequency.

                   4.  Availability of support facilities such as rest rooms and
                       changing areas.

                   5. Clearly marked beach areas and     access points which are
                       designed to encourage beach use.

                   6.  Adequate number of access points per linear beach distance
                       with a lack of private property restrictions or fenced-off
                       areas.

                   7.  Appropriate beach regulations    [fees, hours, lifeguards,
                       beach activities].

                   8. Provision of Barrier-Free Access (to Boardwalk areas).

                                               8

             Ii.   EXISTING CONDITIONS

                  The coastal area of New Jersey displays a great deal of varia-
             tion. Differences in socioeconomic characteristics, seasonality
             of populations, oceanfront ownership, transportation and available
             facilities not only characterize municipalities, but also provide'a
             measure of what type of access is available.

                  An inventory of existing conditions is categorized as follows:-

                  A. Municipal Profiles
                  B.  Shoreline Ownership
                  C.  Transportation Facilities
                  D.  Beachfront and Support Facilities

             A. Municipal Profiles

                  By examining seasonal population, unemployment and housing,
             a municipal profile can be drawn.      This provides insight to local
             priorities and tourism dependence.

                  Seasonal ratios are the primary indicators.         The population
             ratio (summer: year-round) provides a measure of tour ism/recrea-
             tional use of an area.      Seasonal variation occurs in all coastal
             communities, with those from Mantoloking to Cape May exhibiting the
             highest ratios. This indicates the coastal area which is most.
             dependent on tourism.

                  A final- indicator is the amount of seasonal housing, which is
             expressed as a percentage of the total.        In combination with the
             other factors, this gives definition to each municipality as to
             whether it is primarily a resort, residential or urban area and the
             degree of tourism in each.

                  Table 1 provides this data for each coastal community.

                  In summary, these indicators suggest that the area from
             Mantoloking to Cape May is dependent on tourism.

                  B. Shoreline Ownership

                  The -availability of public access can be shown quantitatively.
             This establishes a base from which public access conditions can be
             judged.

                  New Jersey has 126 miles of coastline from Sandy Hook to Cape
             May. In terms of ownership it can be broken down as follows:

                                                 8A

                                                 TABLE 1

                                       MUNICIPAL PROFILE DATA

         MUNICIPALITY          SEASONAL          SEASONAL      PERCENTAGE      CLASSIFICATION
                              POPULATION      UNEMPLOYMENT      SEASONAL
                                RATIO            RATIO           HOUSING

         MONMOUTH
         Sea Bright               3.0             .98            11:.2         Recreational
         Monmouth Beach           1.3             .90             3.*2         Resid-ential
         Long Branch              1.7             .98             2.0          Urban
         Deal                     2.0             .97            17.8          Residential.
         Allenhurst               1.2             .98            12.8          Residential
         Loch Arbour              1.1            1.04            15.6.         Residential
         Asbury Park              2.6             ..98               .8        Urban
                                                  0.98                         Residential
         Ocean Grove
         Bradley Beach            3.4             .99            23.9          Recreational
         Avon                     2.7             .98            10.6          Recreational
         Belmar                   5.1             .96            11.5          Recreational
         Spring Lake              3.3             .98            10.6          Recreational
         Sea Girt                 1.2             .97             6.1          Residential
         Manasquan                2.9            1.12            26.9          Recreational

         OCEAN

         Point Pleasant           7.1            1.10             25.8         Recreational

         Bay Head                 5.5            1.11             39.6         Residential

         Mantoloking              6.4            1.00               9.8        Residential

         Brick Twp.               1.8            1.12               5.8        Residential

         Dover Twp.               1.2            1.10             20.7         Residential

                                                - 8B

        Lavalette               14.2            -1.11             62.1       Recreational

        Seaside Heights         25.6            1.10              65.2       Recreational

        Seaside Park            20.0            1.14              57.6       kesidential

        Berkley Twp.            1.1             1.11              13.5       Recreational

        Barnegat Light          14.5            ND                47.9       Recreational

        Harvey Cedars           14.0            1.00              78.2       Recreational

        Surf-City               9.4             1.07              65.7       Recreational

        Ship Bottom             13.4            1.12              60.6       Recreational

        Long Beach              12.3            1.12              66.8       Recreational

        Beach Haven             18.3            1.11              61.6       Recreational

        ATLANTIC

        Brigantine              2.7             1.20                4.4      Residential

        Atlantic City           ND              1.19                2.2      Urban

        Ventnor                 ND              l..21               3.1      Recreational

        Margate                 ND              1.21                2.8      Residential

        Longport                ND              1.18                2.5      Residential

        CAPE MAY

        Ocean City              9.8             2.03              55.5       Recreational

        Strathmere              3.0             2.07              14.2       Recreational

        Sea Isle City           9.1             2.04              74.4       Recreational

        Avalon                11.3              2.09              33.7       Recreational

        Stone Harbor          14.7              2.00              68.5       Recreational

        North Wildwood        15.0              1.94              62.3       Recreational

        Wildwood              20.0              1.97              62.3       Recreational

        Wildwood Crest        11.4              2.00              59.4       Recreational

        Cape may                5.9             2.02              37.6       Recreational

        Cape May Point        12.3              1.00              68.8       Recreational

        SOURCE:  NEW JERSEY   SHORE PROTECTION MASTER PLAN (1980)
                *U.S. BUREAU OF CENSUS
                 ND - NO DATA

                                                  9

                                          TABLE 2

                               NEW JERSEY SHORELINE OWNERSHIP

              TYPE                   MILES                 % OF TOTAL

              Federal                16.6                    13.4
              State                  11.5                     9.2
              Local                  63.1                    51.0
              Private                32.6                    26.4
                                     123.8*                Too

              SOURCE: New Jersey Shore     Protection Master    Plan
              *[Additional 2.2 miles accounted for by          Atlantic coast inlets].

                    Specific areas of private own      ership   can be identified from
              the inventory (Table 3). Along the northern reach of the coast, Sea
              Bright, Monmouth Beach and Deal have little available public beach.
              Continuing down the coast, this trend is reversed until the Bay Head
              and Mantoloking area.        Here, private beach associations own and
              operate the upland beaches for residents and guests only. In other
              areas of the coast, however, such as Point Pleasant Beach,. privately
              owned beaches are open to the public, usually for a fee.

                    C.   Transportation Facilities

                    Availability of public transportation and accessibility by
              major roadways are the primary aspects of transportation access.

                    Access by a major roadway to beaches is not a problem in New
              Jersey.   The Garden State Parkway, Atlantic.City Expressway, Rt. 9,
              and Rt. 195 assure this accessibility.

                    However,, parking, once roadway travel is completed poses the
              greatest problem. Lack of actual space for parking, limited numbers
              of parking spaces, high parking fees, low time limit metered parking
              and restrictive parking ordinances limit access.

                    Availability of public transportation is,the other major aspect
              of transportation access (Table 4).        Generally, there is a greater
              availability of bus routes to the southern shore areas.from Atlantic
              City to Cape May. A major element of public transit in the Northern
              Coastal Area is the North Jersey Coastline which runs from New York
              to Bay Head and is operated by N.J. Transit. Major northern coastal
              tourism centers that are accessible by bus and train are Long Branch
              and Asbury Park.

                    Some areas of private ownership have been the subject of
              controversy because of their accessibility by public transit to
              heavily populated urban areas such as New York, Elizabeth, Newark
              and densely populated areas in the coastal.zone such as Neptune, Red
              Bank and Eatontown.       The increasing demand for recreational re-
              sources puts additional pressure on these areas for access.

                                                9A -

                                             TABLE 3

                                 OCEANFRONT CHARACTERISTICS BY
                                           MUNICIPALITY

        MUNICIPALITY           TOTAL SHORELINE         PERCENT            NUMBER OF
                               LENGTH (MILES)          PUBLIC             ACCESS POINTS*
                                                       SHORELINE'

        MONMOUTH COUNTY

        Sea Bright                   3.7                   5.4               48

        Monmouth Beach               1.6                   6.25                7

        Long Branch                  4.4                 45.45               19

        Deal                         1.6                 18.75               17

        Allenhurst                    .3                 66                    3

        Loch Arbour                     2                  0                   3

        Asbury Park                  1.0                100                  10

        Ocean Grove                   .6                 -100                  5
         (Neptune Twp.)

        Bradley Beach                 .9                100                  11

        Avon-by-the-Sea               .5                100                  .7

        Belmar                       1.4                 92.85               18

        Spring Lake                  2.0                 95                  15

        Sea Girt                     1.1                 81.8                10

        Manasquan                    1.1                100                    8

        TOTAL                        20.4                58.3                181

        OCEAN COUNTY

        Pt. Pleasant                 1.9                   0                 20

        Bay Head                     1.3                   0                   9

        Mantoloking                  2.2                   0                   7

        Brick Twp.                   1.8                   1.6                 5
        Dover Twp.                   2.3                   0                 N/A

        Lavall(-@--tte               1.3                100                  26

                                                      9B
        'Seaside Heights                 .8                    100                     16
        Seaside Park                   1.7                      82.35                  31
        Berkeley.-T.wp.                   .5                    44                     15
        Barnegat Light                 2.0                      80                     27
        Harvey Cedars                  2.0                      10                     30
        Surf City                      1,5                      60                     29
        Ship Bottom,                   1.4                      50                     27
        Long Beach                    11.4                      92.8
        Beach Haven                    1.9                      84.2                   36

        TOTAL                         34.0                      46.9                  389

        ATLANTIC COUNTY
        Brigantine                     6.1                      85.6                   70
        Atlantic City                  4.1                     100                     65
        Ventnor                        1.7                     100                     23
        Margate                        1.6                      81.25                  41
        Longport                       1.4                      85.71.                 30
        TOTAL                         14.1                      98.7                   229

        CAPE MAY COUNTY
        Ocean City                     7.9                      35.4                   87
        Strathwere (Upper Twp.)        2.1                      19                     40
        Sea Isle City                  5.0                      83.6                   68

        Avalon                         4.9                      85.4                   72

        Stone Harbor                   3.7                     100                     41

        No. Wildwood                   1.3                      30.76                  27

        Wildwood                       1.3                      73                     27

        Wildwood   Crest               1.9                      63.15                  46

        Cape May                       2.8                      42.8                   24
        Cape May   Point               1.0                     100                     13
        TOTAL                   1     31.9           1          62.7           1       445
        SOURCE:    NJDEP  DIVISION OF COASTAL RESOURCES, BUREAU        OF COASTAL
                   PLANNING AND DEVELOPMENT
                  *TAKEN FROM SURVEY OF BEACH ACCESS CONDITIONS, SUMMER 1980.
                  'PUBLICLY'--OWNED

                                           9c
                                        TABLE 4
               AVAILABILITY OF PUBLIC TRANSPORTATION
     MUNICIPALITY                 AIR      TRAIN                               JITNEY
                                ROUTES     ROUTES           BUS ROUTES         ROUTES

     SEA BRIGHT

     MONMOUTH BEACH

     LONG BRANCH

     DEAL

     ALLENHURST

     LOCH ARIBOUR

     ASBURY PARK

     OCEAN GROVE

     BR.ADLEY BEACH

     AVON-BY-THE-SEA

     BELMAR

     SPRING LAKE

     SEA IGIRT'

     MANASQUAN

     POINT PLEASANT

     BAY HEAD

     MANTOLOKING

     BRICK TWP.

     DOVER TWR

     LAVALLETTE'
                                T
     SEASIDE HEIGHTS

     SEASIDE PARK

     BERKELEY TWR

     SARNEGAT LIGHT

                                                9D

     MUNICIPALITY                    AIR         TRAIN                                   JITNE)
                                    ROUTES      ROUTES              BUS ROUTES          ROUTEt
     HARVEY CEDARS

     SURF CITY

     SHIP BOTTOM

     LONG BE-ACH

     BEACH HAVEN

     BRIGANTINE

     ATLANTIC CITY

     VENTNOR

     MARGATE

     LONGPORT

     OCEAN CITY

     s  RATH. MERE

     'SEA ISLE CITY

     AVALON
     STONE HARBOR                                            000
     NO. WILDWOOD                                            00000

     WILDWOOD
     WILDWOOD     CREST                                      00000
     CAPE W.AY                                               00000                       0

     CAPE MAY     POINT

                                               10

                  However, although there are a number of mass transit routes
             offered along the coast and to the coast from inland areas, lack of
             use may be a greater problem than availability.         This lack of use
             may be a result of l,ack of advertising and insufficient scheduling.

                  The existing network of public transportation facilities must
             be utilized in access planning in two ways.         First, accessways or
             facility improvements should be      -clustered around public transit
             locations.     Second,, transportation planning for complimentary
             services such as jitneys or shuttles should also be centered at
             these locations.

                  D. Beachfront and,Support Facilities

                  The usefulness of public access is partially dependent on the
             availability of support facilities, such as restrooms, showers, and
             changing facilities.    These amenities add convenience and encourage
             beach use by non-residents.

                  A majority of New Jersey coastal resorts provide sanitary
             facilities (Table 5). In Monmouth Coun     'ty, only two municipalities,
             Allenhurst and Avon do not offer these services to the public.
             There is, however, a noticeable absence of such facilities on Long
             Beach Island, Ocean County.

                  In many Atlantic and Cape May County municipalities,            ' only
             restrooms are - provided.   Margate, Longport, and Strathmere offer no
             sanitary or changing facilities,

             III. NEW JERSEY PUBLIC ACCESS PROBLEMS

                  New Jersey features a number of repeated access problems.

                  The following is a listing of types and suggested solutions
             where available.

                  A. Private Ownership_

                  There are two types of private ownership which restrict
             public access.      The first is ownership of the beachfront by a
             private beach association, which limits beach use to members of the
             association and their guests.      This form of beach control has been     re-
             vieweFd by the New Jersey Supreme Court       (see Matthews v. Bay Head
             Improvement Association)..---

                  A  second type of restriction arises         where adjacent, pri-
             vately  owned shorefront homes inhibit a:ccess    to, and block views of
             the water.

               TABLE 5  _@10A
                                                           z
                                                           0
      ACCESS
                                      U)               z
                                    42 w U)            w
      .CONDITIONS                   Z p  w             2   0
                                    0 n  w             w
                                    z    3:            fn
                                4c w.4   0   wo   4    Z)  8
                                w w x ul X   wo   0    a   u
      MUNICIPALITY              Co LA.u  U)  a: cc ca  49

      Stc-'A BRIGHT

      M-0,.'N',M0lJTFi eL". ICH

      LOiNIG 6RANCH

      DEAL

      ALLEN-HURST

      LOCH ARBOUR

      ASBURY PARK
      OCEAN GROVE               0   0   0    0   0
      BRADLEY BEACH           10    010      0        0   0
      AVON-BY-THE-SEA
                              10        0
      BELMAR                  10    0   0       -W-0      0
      SPRING LAKE               0   0   010 w             0
      SEA GIRT                  0   0.  0 0      wl       0
      MANASQUAN               1.0   010.0        *10 1    0
      POINT PLEASANT          10    0101'0            0 0
      BAY HEAD                                            0

      MANTOLOKING

      BRICK TWP.
                              -0
      DOVER TWR               101            0-           0
      LAVALLETTE                0                         0
      SE-ASIDE HEIGHTS        1010 0         0-  w    0   0
      SEASIDE PARK            100 0          0   *
      BERKELEY TWR                               0        0
      BARNEGAT LIGHT          lo    o 0      0            0

         00 !@2 7. U)>()) zt; <-- j-;@wLu
         >>r-p-4 @i pi> ;u rsi
      (goo  r 0
         rtl            G) C-j
     0 m in,w
     m fn
       C)0
     Z (A13!: 2:
       a        fT,    8D
     (a          rn
                        z
       rn
     0 a _0  0  0      0rn rr,
     z   0 0 0
     SP    ;u
       rr  m
       r   CD
     0 r

       40

                  00 00 00.10

                  0    0 0
         00 000         .0 0'
         00 000000     0000
               0ecr-r *I
             cr cr cr cr
            0   0 0    0

          00 0. 0.00 1000 0000 00
        I -T

                   A third type of restriction. arises when oceanfront beach
              clubs charge high fees for season-only memberships.      This restricts
              use by-the general public. Examples of such clubs are found in Sea
              Bright, Monmouth Beach, the Elberon section of Long Branch, Allen-
              hurst and Loch Arbour.

                   B. Insufficient Parking

                   There is a general parking problem at coastal areas in the
              State. Aside from a lack of physical space, this situation has come
              about as municipalities attempt to restrict parking in certain
              areas.   These restrictions are justified as a means of lowering
              expenses for police or street maintenance or keeping parking out of
              residential. areas. The areas often regulated in this manner are the
              ocean front and its adjacent side streets.
                   Another restiiction is parking meters with short time limits.
              This practice is extremely inconvenient for the beach user,
              especially the day tripper.

                   However, there are some altetnate solutions which do not
              limit access. Parking could be allowed only along the oceanfront to
              provide one central area that must be surveilled and maintained; or
              on alternate side streets (on alternate days] to allow relief for
              residents.    Also, greater use of public transit including beach
              shuttles, would relieve the parking demand.

                   C. Lack of Support Facilities

                   Many oceanfront communities offer the use of their beaches
              without providing adequate sanitary facilities such as rest rooms,
              showers and changing facilities.      This makes beach use difficult,
              especially for the day visitor.

                   One method of improving      this situation is for municipali-
              ties to use Green Acres grants   for such an improvement program. In
              the future, Green Acres funding   will be available for maintenance as
              well as for construction of new   facilities.

                   Some facilities which are needed at access points       'are trash
              receptacles and bicycle security racks.     Such low cost items can be
              municipally funded.

                   D, Lack of Barrier-Free Access Points

                   At present, the best access to beaches for people with handi-
              caps is obtained from boardwalk ramps.      A large number of munici-
              palities feature barrier free access points to the beach but none
              have access all the way to the shoreline.     This is usually obtained
              through a paved path or promenade or a beach level boardwalk to the
              water's edge. This is the most optimal barrier-free access that can
              be made available.

                                             12

                  E. Poor Visual/Physical Access

                  Oceanfront structures often cause a decrease in visual/
             physical access. This can be addressed in two ways, one being
             strict enforcement by DEP of access policy in coastal permit review
             procedures.   Aspects of site planning such as step down building
             design and setbacks from the water's edge should be encouraged.
             Also, design of public accessways through structures must be review-
             ed. Such accessways should, most importantly, feel public and
             encourage public use.   Further guidelines are described in Section
             VI. of this report.

                  Another means of addressing this problem is local enforce-
             ment of access- standards through mechanisms such as zoning ordin-
             ancesp an@ site plan and subdivision reviews. Technical information
             .concerning public access will be available from DEP's Division of
             Coastal Resources to assist in this process.

                  F. Accessway Maintenance

                  A major diZficulty which arises when access is provided is
             the continued maintenance of that accessway.

                  An area must be properly managed in      order to provide safe
             access and to maximize accessway use. It should be cleared of
             debris and other physical obstacles, clearly delineated and equipped
             with appropriate health and safety features such as trash
             receptacles and lighting.

                  Accessway maintenance may be assumed by local or county
             governments, homeowner's associations., citizen or environmental
             groups, service organizations or land trusts.     For example, in the
             case of a high-rise project, a homeowner's association may be the
             appropriate agency, or the accessway may be dedicated to the local
             government.    Community groups may also volunteer to undertake
             accessway maintenance.   Another mechanism that can be used is the
             formation of a non-prokit land trust. A land trust may hold title to
             sensitive lands, accept conservation easements or negotiate with
             local land owners for protection and enhancement.of resources.       it
             is a small organization with goals that embrace a number of public
             purposes. During the last several years, land trusts have become a
             widely used method of resource management.

                  Maintenance programs may address various areas of accessway
             and -waterfront management.    They can include anti-litter/ clean
             beach programs, safety/security checks, and landscaping or dune
             protection programs. Activities may also extend beyond the scope of
             general maintenance to include recreation or.special interest group
             programs.

                                               13

                    G.  Liabilj@y

                    The person holding title to a property is generally responsible
               for  injuries which may occur to persons using the property.         Con-
               sequently, 'liability is a major concern for those who own access-
               ways.

                    General liability insurance covers anything for which an
               owner can be held liable, and is available for this purpose. If a
               property is being leased, liability insurance is available for the
               leasee and also for the lessor.      This type of insurance, lessor's
               risk-only, is necessary as a lessor can be held liable for injury
               although he/she is not in direct operation of the property.          Con-
               dominium development presents a special situation since both the
               owner and individual unit owners need to carry liability
               insurance.

                    The New Jersey Landowner's Liability Act of 1968 (N.J.S.A.
               2A:42-2 et seq.) reduces or removes responsibility or incurred
               liability from consenting landowners for i    ,njuries or fatalities to
               people who use their lands for sport or recreation purposes.
               However, this protection may only apply to rural and semi-rural
               properties.   An Attorney General's opinion on the applicability of
               the Landowners Liability Act to coastal permits requiring waterfront
               access is now pending.     This opinion may help to clear some con-
               fusion about liability and access.

                    Generally speaki-ng, some level of maintenance is necessary
               to preclude an injury claim based on negligence. Therefore, a
               property owner is required to provide a reasonable level of mainten-
               ance, such as snow removal or the repair of obvious hazards.

                    Liability insurance is the most common method of protection
               against injury claims.      Most. municipalities and property owners
               carry liability insurance.     This coverage normally extends to any
               public accessway made available on the insured property.        However,
               rates may increase proportionate to the amount of risk.

                    H. Fishing Access Limitations

                    Due to development that has taken.place on*the New Jersey coast
               to date, many fisherman have difficulty gaining access to some of
               the prime fishing areas.     Major problems include new development
               which inhibits access, fences which block access to jetties, groins,
               and bulkheads, decreasing availability of parking due to private
               ownership or local regulation.

                                             14

                 These restrictions have forced the typical fisherman to risk
           having his car towed or ticketed, to hurdle physical obstacles such
           as fences or walls or to walk long distances to get to a preferred
           fishing area and be subjected to abuse by property owners and
           caretakers.

                 The coastal area north of the Manasquan Inlet is of particular
           concern.. Private property restrictions, semi private beach clubs and
           parking restrictions often limit fishing opportunities this area.

                 To address the concerns of sport fisherman DEP may undertake the
           following policy initiatives:

                      1.   meet with fishing groups to discuss access problems.

                      2.   Adopt an access policy which forbids the prohibition
                           of access to shore protection structures built with
                           public funds.    An active enforcement effort should
                           accompany this policy.

                      3.   Advocate public access in response to the enforcement
                           of restrictive regulations and/or practices by local
                           governments.

           IV.   ACCESS PROBLEMS BY GEOGRAPHIC AREA

                 To determine the location of public access problems in New
                 Jersey, avcess standards can be applied to each oceanfront
                 municipality.    In this way problem areas can be targeted.

                 The standards to be used are as follows:

                 Auto Accessibility    can be reached by auto via a major road-
                 way.

                 Public Transit Accessibility - accessibility by public tran-
                 sportation which has an aaequate route pattern and service
                 frequency.

                 Parking - adequate parking within close proximity of public
                 71r-g-ht-of-ways to the oceanfront. .

                 Sanitary Facilities - availability of support facilities
                 such as rest rooms, changing areas and trash receptacles.

                 Visability/Accessibility of Access Points - clearly marked
                 beach areas and access points. Design of oceanfront structures
                 and accessways which encourage beach use.

                 Adequate Number of Access Points - adequate number of access
                 points per linear beach distance.      Lack of private property
                 restrictions, fenced-off areas.

                                               15

                   Beach Regulation - appropriate beach regulations (fees, hours,
                   lifeguards, activities) which are not unreasonably restrictive.

                   Barrier-Free Access Available - barrier free access of appro-
                   priate grade and slope provided to boardwalk areas.

                   A rating system for each municipality was devised based on how
                   many aspects of the criteria were met.         The system is as
                   follows:

                        NUMBER OF CRITERIA MET                    RATING

                            2 or Less                        POOR  ACCESSIBILITY

                            3 to 4                           FAIR  ACCESSIBILITY

                            5 to 6                           GENERAL ACCESSIBILITY

                               7                             GOOD ACCESSIBILITY

                               8                             EXCELLENT ACCESSIBILITY

                   It should be noted that  all municipalities with poor access are
              in Monmouth or northern Ocean'Counties: Sea Bright,,Monmouth Beach,
              Dea-l,, Bay Head, Mantoloking, Brick and Dover Township.     In two of
              these municipalities, Bay Head and Mlantoloking, access to the beach,
              is totally foreclosed to persons who are not residents or property
              owners.

                   After having applied the rating to the municipalities (see
              Table 6), the following problem areas can be identified:

              AREA                                ACCESS PROBLEM

              Sea Bright-Monmouth Beach                      . Parking

                                                             . Lack of sanitary
                                                               facilities
                                                             . Local Access Barriers

                                                                a. Private Owner-
                                                                    ship
                                                                b.  Semi-Private
                                                                    Beach Clubs

              Solution:           Develop public access plans   pursuant to HR3 678
                               and work with local officials    and community groups
                               to enact regulations to improve access.

           TABLE 6   - 15A-                                 A
                               31- ;; )..        3--        w
     ACCESS STANDARDS          t  z t:         %%I-z      z
                                  gj       I as  z! W to  0
                                  FE ro    %I-        to
                               L                 co
     AND RATINGS               to  Go  a   e w              w    co
                                  ow   z
                                           0. "1   2    Zj       Ole
                               W   w   m    :::@ S w wa ci =a i  w z
                               0   fj      Z. 0Now      440 cc 0 8!;
                              z 0  0       .1 1; "04    ww  4v
     MUNICIPALITY              9.4 44  -ace al     44 0 009 0

     SEA BRIGHT                                                  p

     MONMOUTH BEACH                                              P

     LONG BRANCH                                                 GO

     DEAL                                                        p

     ALLENHURST                                                  F

     LOCH ARBOUR                                                 F

     ASBURY PARK                                                 E

     OCEAN GROVE                                                 GO

     BRADLEY BEACH                                               E
     AVON-BY-THE-SEA                                             E
     BELMAR                                                      E,
     SPRING LAKE                  0   40   4D                    GE

     SEA GIRT                                                    F

     MANASQUAN                                                   GO
     PO'INT PLEASANT                                             GO

     BAY HEAD                                                    p

     MANTO.LOKING                                                p

     BRICK TWP.                                                  P

     DOVER TWR                                                   p

     LAVALLETTE                                                  GE

     SEASIDE HEIGHTS                                             GO
     SEASIDE PARK                                            I*  GE

     BERKELEY TWR                                                F
     BARNEGAT LIGHT                        0   0   0             GO

                    15B
                                                    z
                                  c             ro a
                                  @- 0-0.  c    -   @- w
                               Lo              .-com
                               40 049  z       jc*w
                               a     a         -               IA Z
                               w     w         iiww cy -a      w w
                                       c       0 0 qjW      dc   w
                                                    0 U.w   .48  0.4
                                                 14.4 ot 00 go    cc
     MUNICIPALITY                 2            M

     HARVEY CEDARS                                               F
     SURF CITY                        0                          GE

     SHIP BOTTOM                                                 GE

     LONG BEACH                                                  F
     BEACH HAVEN                                                 GE
     BRIGANTINE                                                  F,
     ATLANTIC CITY                                               GE
     VENTNOR                                                     GE

     MARGATE                                                     F

     LONGPORT                                                    F
     OCEAN CITY                   '*1'**            0   9   0    E
     STRATHMERE                                                  F

     SEA ISLE CITY                                               E
     AVALON                                 0  0    0   0   0    E

     STONE HARBOR                                                GO

     NO. WILDWOOD                                                E
     WILDWOOD,               Ile   000         0    0   0   0    E
     WILDWOOD CREST                         0  0    40.101       GE
     CAPE MAY                     01       0   0    001          GO I
     6APE MAY POINT            0      0                 00       GO

       P - POOR
       F - FAIR
       E- EXCELLENT

       Go-swo

       GE-GENERAL

                                            16

                            .  Improve enforcement of public rights in regard to
                               barriers that prohibit access to state-funded shore
                               protection structures.

                             . Improve enforcement     of shore protection rules
                               which require that     adequate public access be
                               provided in communities which receive state shore
                               protection funds.

             Long Branch                          . Parking
                                                  . Private Property
                                                    Ownership

             Solution:          Work with local  officials and community groups to
                               enact regulations  to improve access.

                               Improve enforcement of public rights in regard to
                               barriers which prohibit access to state funded shore
                               protection structures.

                               Post signs to indicate accessways that are open to
                               the public.

             Deal-Allenhurst-Loch Arbour            Local Access
                                                    Barriers

                                                    a. Private Property
                                                      Ownership
                                                    b. Semi-Private Beach
                                                      Clubs

             Solution:     Improved enforcement of    public rights in regard to
                         barriers that prohibit access to state funded shore
                         protection structures.

                       . Work with local officials and community groups to
                         enact regulations to improve access.

                       a Post signs to indicate accessways that are open to the
                         public.

             Sea Girt                             . Parking
                                                  . Limited beach badge
                                                    sales (Beach Regulation)

             Bay.Head-Mantoloking -Normandy       . Private Beach
               Beach                                Associations

             Dover Township-Brick Township        . Private Property
                                                    Ownership

              Seaside Heights-Seaside Park           Parking

              Solution:    Work with local officials and community groups to enact
                           regulations to improve access.

              Long Beach Island                    . Lack of public trans-
                                                     portation
                                                   . Parking

                                                   . Lack of sanitary
                                                     facilities

              Solution:    Work with local officials and community groups
                           to enact regulations to improve access.

              Atlantic City                          Poor visual access

              Solution:    Emphasize public access in CAFRA and Waterfront
                           Development Law permit.decisions.

                                           -1 8-

            V.    METHODS FOR PROVIDING ACCESS

                  Many proposed solutions to access problems may be found by
            using traditional property law. State, county and local governments
            can utilize such techniques in an acquisition program. Some of the
            property law techniques which may be useful in securing access are
            as follows:

            A.    Acquisition

                  (1)  Purchase of Fee Simple Title - This   is the most expensive
                       means of acquiring access, since it   involves the purchase
                       of property at fair market value by state or local govern-
                       ment. This method is most effective when it is part of an
                       general access/recreation  plan which includes an acquisi-
                       tion policy which utilizes eminent domain. In this way, a
                       purchase can be combined with acquisition of nearby land
                       for parking or development of a park, or support facilities.

                  (2)  Post-Storm Acquisition - Following a coastal storm,
                       severely damaged properties may be acquired for public use
                       either through eminent domain or some other direct pur-
                       chase program.   The Green Acres Program, and other state
                       and federal agencies could be a source of funds for
                       acquisition'rather than for reconstruction.

            B.    Easements

                  (1)  Prescriptive Basement - This is a     process by which one
                       party acquires the right, over time, to use another's
                       property. It requires open and continuous use by the
                       party claiming the easement. Continual, traditional use of
                       a path as an accessway by the public at large for example,
                       can provide the basis for such an easement. A prescriptive
                       easement is only a right of use, so the title remains
                       with the original landholder.

                  (2)  Purchase of Easements - This method involves the purchase
                       of the right to use a parcel of'property or a portion
                       thereof for a particular purpose.         Easements can be
                       obtained for the right to cross a parcel to gain access to
                       the beach.    This, in turn, means that adequate road
                       capability and parking facilities must be available.

                       Another type of easement may be used to limit the amount
                       or location of development.     Purchasing an easement is
                       obviously.less expensive than purchasing a fee simple
                       title, since the   purchaser is paying only for a limited
                       interest in the property.      However, it is frequently
                       difficult to persuade beachfront property owners to
                       sell easements.

                                             _19-

                   (3)   Conservation Easement      This is a method by which a
                        landowner can preserve the character of land by placing
                        limitations on its future use.         Future owners must
                        take title to the property subject to the terms of the
                        easement. Property owners qenerally receive a tax benefit
                        in the form of a reduced property tax valuation, and, if
                        the easement is sold rather than donated, at a profit.

                   C.   Lease - Land to be used as accessways may be leased from
                        private owners. Leaseholds are more flexible and economi-
                        cal than outright purchase. They can provide a short term
                        solution while long term needs are being studied, and may
                        be appropriate in selected cases.

                   D.    Legislation - This-approach involves the passage of
                        legislation at the state level which clearly establishes
                        public rights of use for the dry sand beach. This is best
                        exemplified by the Texas.Open Beach Statute of 1959. The
                        statute essentially gives the public the-right to use the
                        backshore and dry sand portions of the beach for recrea-
                        tion purposes. Local regulation of the beach is authoriz-
                        ed under the statute.    The statute does not address the
                        problem of access across the uplands, but can be used to
                        create a mechanism or set in motion procedures to improve
                        public access to the beach. . Such legislation could open
                        up New Jersey beaches now closed to the -general public,
                        but it would. also receive much political opposition.

                        In. New Jersey,, as well as many other states, municipali-
                        ties are permitted to make and enforce ordinances to
                        regulate practices on a public beach.    This authorization
                        is part of an attempt to protect publi 'c health, safety and
                        welfare.   Ordinances in individual communities are to be
                        made- in accordance with this rationale.       These rules
                        address subjects such as parking, dress code, beach fees
                        and activities. Reform of local ordinances that interfere
                        with beach access may be the most appropriate legislative
                        action.

             VI. RECOMMENDATIONS

                   1. Revision of Coastal Policy on Public Access

                   The present public access policy (N.J.A.C. 7:7E-8.13) has three
             primary weaknesses; it does not have a complete definition of the
             coastal areas to which access is sought; it does not include re-
             quirements concerning the actual provision of an accessway; and it
             does not have a strong rationale to support the policy statements,

                                             -20-

                  The policy should be amended to address these deficiencies.

                  2.   Use of Accessway Guidelines

                  The Division of Coastal Resources should employ-the following
            guidelines for implementing the public access policy:            (N.J.S.A.
             1:7E-8.13)

                  A.   Location and Extent of Public Access

                       The public access policy requires that "all development
                       adjacent to water shall, to the maximum extent praticable
                       provide, within its site boundary,, a linear waterfront
                       strip accessible to the public" (7:7E-8.13b2).              The
                       following factors should be considered in determining what
                       is practicable and what should be required of a permit
                       applicant.

                  Requirements should be more stringent where one of more of the
            following circumstances exist:

                       1)   There is good fishing.

                       2)   There is an interesting or scenic view, or
                            the waterfront-is a pleasant place to walk.

                       3)   there is opportunity for recreational use
                            of the water body, e.g. safe swimming or boat
                            launching.

                       4)   The site is accessible to a large number of
                            people because of its proximity to population
                            centers or public transportation routes.

                       5)   The public has had a historic right to access on the
                            site. A permit should not allow the public's
                            historic right of access to be diminished.

                       6)   There is not adequate public access to the waterfront
                            in the area around the site.

                       7)   A regional plan for linear access exists.      If such a
                            plan exists then the accessway must be         consistent
                            with that plan.      The access'way should follow the
                            water's edge to the maximum extent feasible.

                       8)   Public access would not pose a danger to the' public.

                       9)   Public access would not pose a danger to an endanger-
                            ed or threatened species or cause disruption of
                            a critical wildlife habitat.

                                              -21-

                         10)    Public access would not threaten the security
                               of a residential area. In areas where there is a
                               strong demand for water's edge housing and for public
                               access, developers should be encouraged to use
                               innovative design to achieve both objectives.
                               This might be achieved through multi-level decks in
                               which the general public has waterfront access on one
                               level, while access to residences is through another
                               level, or through aesthetically pleasing fencing
                               which directs the general public to specific water-
                               front sites.   Public access may be limited to day-
                               light hours in residential areas.

                         11)   A tidelands conveyance would be   required.   If it is
                               required, the Tidelands Resource Council, in its
                               proprietary capacity, could require public access
                               conditions which could be included in the coastal
                               permit... The Division would have a stronger legal
                               obligation to require public access if a conveyance
                               as well as a permit is required, to protect the
                               public interest in access to public trust lands.

                    Based upon the presence or absence of the above factors the
              Division of Coastal Resources may impose public access requirements
              ranging from "no access allowed" in the midst of a shipping operation
              to. perpendicular access to a fishing pier, to perpendicular access
              with discontinuous linear access, to total linear waterfront access.

                    b.   Design of Public Access

                   The following conditions should be applied in reviewing
              the design of a public accessway.

                         1)     Access should accommodate and encourage public
                               use, The user should not be intimidated or have
                               his/her appreciation restricted by large building
                               masses, structures, or incompatible uses.

                         2)    Access should feel public; it should be clearly
                               delineated and unobstrubted.

                         3)    Access locations should be identified by signs.        A
                               standard logo sign should be provided by DEP.

                         4)    Accessways should be an appropriate width to.accommo-
                               date expected use.

                         5)    An access plan should provide for the privacy of
                               adjoininq existing residences.

                         6)    An accessway should be designed appropriate to
                               the location, i.e. use of pavement and railings in
                               urban areas; more natural paths in rural areas.

                                            -22-

                       7)     Where feasible and appropriate, parking and/or
                            bicycle racks should be provided.

                       8)    The protection of sensitive natural areas, e.g.
                            dunes, wetlands, should be provided for.

                  C.   Management of Public Access

                       1)    Public accessways shall be conveyed or leased to
                            governmental agencies wherever possible.           Where
                            accessways remain in private ownerhship they shall be
                            dedicated to public use, and the owner shall provide
                            sufficient maintenance so that the accessway con-
                            tinues to meet the above design.      Maintenance shall
                            be a condition of the permit.

                       2)    Public accessways may be conveyed or leased to
                            governmental agencies, community or environmental
                            service groups or land trusts.      This is a possible
                            solution to maintenance and liability problems.

                       3)   Liability issues should be explained to the applicant,
                            especially in the development of major accessways and
                            waterfront projects. The applicant should understand
                            that liability insurance for the accessway can be
                            part of a broader landowner liability package. Where
                            the applicant has difficult questions about liability,
                            they should be answered by DEP's Office of Regulatory
                            Services..

                  3. Intra-Departmental Coordination

                  It is. important that the Division of Coastal Resources (DCR)
            coordinate its efforts to improve public access with other State
            agencies that are also concerned with this issue.       The Green Acres
            Program is a primary contact, as it administers a local. funding
            program.    DCR should review such funding decisions, while Green
            Acres should assist and coordinate with         DCR planning efforts,
            especially the Local Coastal Grant Program.     The Green Acres Program
            should assign priority to improving access     to municipalities which
            offer unsatisfactory access opportunities.       (See Table 6, Access
            Standards and Ratings).

                  DCR should also coordinate with the Division of Parks and
            Forestry, which has jurisdiction over State parks in the coastal
            zone.   A cooperative effort could be established to encourage the
            further development of coastal parks.

                  Continued coordination is needed between the Division of
            Coastal Resources, Green Acres and Fish, Game and Wildlife concern-
            ing the acquisition, management and improvement of waterfront lands,
            and the provision of public access.        The following functions in
            particular need to be coordinated:

                                             -2,3-

                       Coastal Resources

                       a. Shore Protection Projects and Grants.

                       b. Permit decisions involving public access

                       c. Recommendations to the Tidelands Resource Council

                       d. Award of Local Coastal Grants

                       'Green Acres

                       a. Award of acquisition and development grants for
                          waterfront sites

                       b. Review of Green Acres projects for consistency with
                          Coastal Policies

                       Fish, Game, and Wildlife

                       a.  Management and acquisition of Fish, Game and Wildlife
                          lands with respect to public access and other coastal
                          objectives.

                       b. Establishment of urban fishing piers.

                 .In addition, the Division of Fish,, Game'and Wildlife serves as
            a review agency for coastal permit applications affecting fish, game'
            and wildlife resources, and the New Jersey Heritage Program serves
            as a review agency for coastal permit applications affecting
            historic resources.     DCR also coordinates with Green Acres, Fish,
            Game,, and Wildlife, and Parks and Forestry on the Harbor.Clean-Up
            Program.

                  4. Provision of Public Information

                  DCR should continue to publish a public access guide.           Each
            year, information should be updated and transportation data should
            be reviewed.    The guide should be produced in cooperation with NJ
            Transit. This could increase funding and therefore make a larger
            number of copies available.

                  Whatever the method of funding, future printings must be
            increased.    The initial effort of 10,000 copies was too small to
            meet public demand and to give the guide the public visibility it
            warranted. The guide should appear as an insert in New Jersey
            6utdoors as it did in 1983.     This greatly increases the circulation
            o? tFe guide for a relatively low cost.

                                             -24-

                  5. Public Transportation Issues

                  To increase the use of available public transportation,

            DCR should co-sponsor a promotional campaign with NJ Transit
            to encourace ridership. This effort would be part of the joint work
            on the access guide.

                  Planning support facilities for public access should be con-
            .ducted with respect     to present public transportation locations.
            Efforts to provide or    improve access can be clustered in areas which
            have a number of mass    transportation services.

                  Areas which have   a number of available transportation services
            are:

                  1. Long Branch    Asbury Park     Belmar    Manasquan - Pt.Pleasant

                  2. Brigantine     Atlantic City    Ventnor - Margate - Longport

                  3. Ocean City

                  4. Wildwood - Cape May

                  Shuttle or jitney-type services should also be encouraged
            in such areas as a compliment to -existing public transportation.
            Technical assistance for servi    ce development should be provided by
            DCR.    Such services would cut down traffic congestion and parking
            problems.

                  A low-cost method to expand present services would be to
            provide summer-only beachfront bus stops on appr6priate routes, or
            to expand the summer schedule of routes with beachfront destina-
            tions. This is @currently done on NJ Transit's Philadelphia to
            Atlantic and Cape May County routes and on Mercer Metro's Trenton to
            Monmouth and Ocean County routes.       This further study of the expan-
            sion of mass transit to shore areas should be made by DCR in
            cooperation with DOT and NJ Transit.

                       Expansion of Beach Bus Shuttle

                  The present Island Beach Bus Shuttle was initiated by DEP.         DEP
            should investigate the possibility of expanding shuttle service to
            other coastal areas such as northern Monmouth County.

                  7. Signing Program

                  A signing program should be developed to clearly identify
            beach accessways or routes of travel to the beach.             The program
            would utilize a common logo and would assist beachgoers and fisher-
            men.

                                            -25-

                  8. Technical Assistance

                      a. Land Use Controls

                  Zoning and subdivision ordinances can be used in the loc        . al
             development process   to ass.ure public access to beaches.    Land use
             tools do not require large expenditures by local government and
             therefore have the potential to become a primary element of an
             access strategy. Information about these techniques and their use
             should be provided as part of a DCR technical assistance program
             which focuses on access.    The controls which could be discussed are
             as follows:

                        (1)   Required Access - There are    two ways to implement
                             this method.   The first is to define, as part of a
                             zoning ordinance, a beachfront area in which access
                             is required. A second method is to include an access
                             requirement in a subdivision or zoning ordinance. In
                             this way, public access is provided for in the
                             planning process prior to construction.

                        (2)  Required Dedication of Access Roads - This would
                             require that roads which extend from the first public
                             right-;-of-way (parallel to the beachfront) to the
                             backshore be dedicated to the public. This would
                             have to be uniformly applied to all accessways
                             through subdivision regulations or zoning. It is
                             most applicable to new subdivisions, but can also be
                             applied to commercial development.

                        (3)  Extension of Riqht-of-Way -.This technique requires
                             ihat a provision be ihclud    'ed in a subdivision or
                             zoning ordinance that would require a developer to
                             extend an existing or newly created public road to
                             provide beach access. This would be in the form of a
                             perpendicular accessway extending from the first
                             public road to the foreshore.

                        (4)   Re5uired Dedication of Access Lots - A subdivision
                             ordinance can require that a beachfront subdivision
                             which contains interior lots having no beach frontage
                             include plotted lots for interior owners' use.       The
                             requirement provides access for the entire subdivi-
                             sion, but not the general public. Access lots may be
                             dedicated to the public or transferred in fee jointly
                             to all interior owners.    In the latter case eminent
                             domain can be used to acquire an access easement for
                             public use.

                                            -26-

                  The information provided in     Section V "Methods of Acquiring
            Access" should also be included in    this technical assistance program,
            as they are quite effective at the    local level.

                          Model Municipal Access Ordinances

                  A model municipal access ordinance should be available from and
            widely distributed by DCR (see Appendix A).           This, along with
            accessway design guidelines (Section VI, Number 1) and Section V of
            this report, "Met@ods to Achieve an Access Standard", would compose
            a technical assistance package for municipal or county officials.

                  9. Beach Fees

                  The cap law which limits municipal budget increases and the
            heavy use that recreational beaches in the state receive, warrant
            continuation of a beach fee system. However, to protect public use
            and enjoyment of beach resources, some examination of the present
            system should be made.

                  In this effort DEP should support Assembly Bill A-2025,
            or a  similar bill to prohibit municipalities from establishing beach
            fees  in excess of the amount needed to meet the expenses of main-
            taining the beach area. The bill would require that such regulatory
            authority b-e exercised by the Department of Community Affairs.

                10. Acquistion of Access Rights

                  DCR should continually investigate possible acquisition of
            shorefront properties or easements which would provide public
            access. A study of potential sites should be conducted. Transporta-
            tion considerations would be a major criterion in the analysis.
                  A feasible type of acquisition for the State would be purchase
            of access easements. In light of the ever increasing value of
            oceanfront property, this method may have far better chances for
            success than fee simple purchase.

                     Funding for acquisition could be obtained from;

                     % Green Acres Funds

                     2.  Ocean and Coastal Resource Management Fund, (if created
                         by Congress)

                     3.  Shore Protection Bond Issue

                     4.  Post Storm Acquisition Fund (if created, where appro-
                         priate)

                                           -27-

                  11. Fishing_Access

                  DCR should inventory sites utilized for or have potential to
             be utilized for fishing access. This would be of use to the public
             and to DCR in coastal permit decisions and planning activities.

                  DCR should promote continued access for fishing through
             acquisition, development and maintenance of accessways by public and
             private agencies and enforcement of public access rights to publicly
             funded shore protection structures.

                  12. Use of Tidelands Conveyances

                  DCR should promote public access through re,commending con-
             ditions on tidelands conveyances issued by the Tidelands Resource
             Council.

                  13.  Improvement of Access for People with Physical Handicaps

                  Continued enforcement of coastal policy which requires barrier
             free design in public areas (7:7E-8.26) is recommended.   The policy
             should also be revised to specifically state its application to
             public accessways.    These measures will insure access for the
             elderly and people with physical handicaps in new construction,
             which is within coastal permit juridiction. Barrier free access to
             the water's edge should be required where applicable. These design
             details should be included in DCR review guidelines.

                  14. Access Handbook

                  DCR should develop an access handbook for use by develo-
             pers, municipalities and citizens.   The handbook should discuss the
             benefits of waterfront access, how to obtain and improve public
             access, accessway design and maintenance and liability issues. The
             handbook should also provide a list of other agencies and resources
             which may be of assistance in access issues.

                  15. Shore Protection Grants

                  Under the 1983 Shore Protection Bond Issue, $50 million is
             to be used for State funded shore protection projects and State
             grants and loans to local governments for research, planning,
             acquisition, development, construction and maintenance of municipal
             sh@re protection projects.

                  Of the total funds, $40,000,000 is allocated for State projects
             and for State grants to municipalities and counties for shore
             protection projects. The State will-assume up to 75% of the cost of
             such local projects and the affected local government will provide
             at least 25% of the cost of a project. The remaining $10,00,000 is
             used for State loans to municipalities and counties for their
             share of shore protection project expenses. Local governments repay

           their loans to the Shore Protection Fund, which in turn, continues
           to generate monies for the shore protection program. All municipali-
           ties and counties are eligible to receive bond issue funds for shore
           protection.

                To obtain a shore protection grant, a county or municipality
           should provide at least general access [see Table 6, Access Stand-
           ,ards and Ratings] or make significant steps to improve access
           conditions. This should be implemented through the use of a formula
           which includes access among other considerations.

                 16. Access to Shore Protection Structures

                 The Division of Coastal Resources should adopt an enforce-
           ment strategy which guarantees public access to publicly funded
           shore protection structures such as bulkheads jetties and groins.
           This would involve the prohibition of fences a.nd other physical and
           local regulatory barriers rather than offering the opportunity to
           legalize the barricades.   The Public Trust Doctrine along with the
           use of public funds to build such structures warrant this mandate.

               IA policy statement to this effect to be sent to municipalities
           and necessary changes to 'the Coastal Resource and Development
           Policies and enforcement procedures should be enacted.

                                           -29-

            APPENDIX A

                      AN ORDINANCE TO AMEND THE MUNICIPAL MASTER PLAN TO ESTABLISH
                      A PUBLIC BEACH ACCESS COMMISSION AND PROVIDE FOR THE ADMIN-
                      ISTRATION THEREOF:

                      THE                     OF                          DO ORDAIN:

                  SECTION 1   This shall be known and may be cited as the Public
                              Beach Access Ordinance

                 SECTION  2:  The governing body finds, determines and declares:

                              (a) The ocean beach of.              is one of (the
                                  municipality's) most valuable natural resources,
                                  unique in kind, and irreplaceable in the
                                  opportunities it presents for the healthful
                                  and enjoyable recreational use of the public
                                  and its free and unimpeded use is consistent
                                  with the public interest;

                              (b) The citizens of            maintain and support
                                  the public beaches;

                              (c) The said beach should be equally accessible to
                                  all for public use and enjoyment so far as
                                  consistent 'with the pro-per management and
                                  regulation thereof and with the preservation of
                                  established property rights;

                              (d) The                  deems it essential for the
                                      (governing body)
                                  promotion, protection and improvement of the
                                  public health, safety, comfort, good order,
                                  convenience and general welfare that all
                                  residents and visitors of                   have
                                  reasonable access to and use of such public
                                  beaches;

                              (e) The management of such public beaches shall be
                                  exercised with due regard to the general public*
                                  interest and all reasonable provisions for
                                  general public access to and enjoyment of such
                                  beaches at moderate cost and without unnecces-
                                  sary restriction or unjustifiable discrimina-
                                  tion shall be at all times preserved and
                                  maintained.

                                          -30--

                 SECTION 3: As used in this ordinance:

                             (a)  "Beaches" are all coastal sandy areas along the
                                  Atlantic ocean (Raritan Bay], including wet
                                  sand, dry sand and immediate upland areas.

                             (b)  "Coastal lands" as used in this ordinance shall
                                  mean those lands adjacent to the [Raritan Bay]
                                  Atlantic Ocean, including beaches and their
                                  immediate uplands, and designated in the Beach
                                  Access Plan element as subject to regulation
                                  under this ordinance.

                             (c) "Public Accessways" are lands over which the
                                  public has a right of traverse to reach public
                                  beaches.

                             W    "Public beach" shall mean any beach which forms
                                  part of a place of public resort under the
                                  management and control of a municipality
                                  pursuant to P.L. 1955, c. 49 (C. 40:61-22..20 et
                                  seg.) or any other law empowering a municipa-
                                  lity to maintain, improve,  manage and control
                                  beaches and bathing grounds and facilities and
                                  in connection therewith to  change and collect
                                  reasonable fees for access. to such beach and
                                  facilities:

                             (e)  "Support facilities" shall mean parking areas
                                  restrooms, changing areas, showers and other
                                  facilities necessary for the safe, healthful
                                  and convenient use and enjoyment of public
                                  beaches.

                             (f)  "Subdivision" shall mean the division of a
                                  parcel of land, whether improved or unimproved,
                                  into two or more lots or parcels of land for
                                  the purpose of sale or development. For
                                  purposes of this ordinance, the term "subdivi-
                                  sion" shall include condominium development.

                 SECTION 4: The   governing body hereby authorizes
                                                                  (govIt agency)
                             with the primary responsibility for administration
                             of this ordinance.

                 4.1 Establishment of a Public Beach Access Commission.

                     The                  shall establish a Public Beach Access
                         (governing body)

                                            -31-

                      Commission and appoint members thereto, or the commission
                      may consist of the                      or any other existing
                                          (governing body)
                      planning commission or board.

                  4.2 Terms of Office; Removal from Office; Vacancies.

                      Members of the commission shall be appointed for staggered
                      terms of such length as may be determined by. the
                                     and shall serve until their successors are
                      (governFn-gbody)
                      appointed.   Original appointment may be made for a lesser
                      number of years so that the terms of the said members shall.
                      be staggered. The                       may remove any member
                                       (governing body)
                      of the commission for cause after written notice and public
                      hearing.    Any vacancy occurring during the unexpired term
                      of of f ice of any member shal I be f il led by the
                                          for the remainder of the term.        Such
                      (governing body) vacancy shall be filled within thirty (30)
                      days after the vacancy occurs.

                  4.3   Officers, Rules of Procedure, Consultants and Advisors.

                      (a)  The commission shall elect a chairman and a vice-chair-
                           man from among its members.

                      (b)  The commission shall meet at regular intervals and such
                           other times- as the chairman or commission may deter-
                           mine. It shall adopt rules for the transaction of its
                           business and keep a properly indexed record of its
                           resolutions, transactions, findings and determinations,
                           which record shall be a public record.

                      (c)  The commission may, subject to the approval of the
                                                employ such experts, technicans,
                           (governing body)
                           and staff as may be deemed  proper and pay their salar-
                           ies, contractual charges and fees, and such other
                           expenses as are necessary   to , conduct the work of the
                           commission.

                      W The                            shall establish procedures
                               (local planning agency)
                           for providing effective public participation in the
                           activities of a public beach access commission. The
                           procedures shall provide for broad dissemination of
                           proposals and alternatives, opportunity for written
                           comments, public hearings, information services, and
                           consideration of a response to public comments.

                                             -32--

                  4.4 Duties of the Commission

                       The duties of the commission shall be as follows:

                       (a)  operate and maintain public accessways or appoint the
                            appropriate local or community group to provide such
                            services

                       (b)  prepare recommend at-ions to                         which
                                                        (local government agency)
                            would encourage and increase public access

                        (c) work with community groups to establish programs/
                            practices which encourage public access

                        (d) identify location of'environmentally sensitive water-
                            front park development

                        (f) provide guidelines concerning the provision of public
                            access to the planning board for use in sub-division
                            and site plan review.

                  4.5 Implementation of the Plan

                       The commission shall implement its   proposals in conjunction
                       with
                          (local gov't agency)

                  SECTION FIVE: OPERATION OF PUBLIC BEACHES AND PUBLIC ACCESS*
                                  WAYS

                  5.1  Maintenance

                       The                          shall have the duty and respon-
                           (local recreation or public works dept.)
                       sibility to maintain and promote the condition of all
                       public beaches, public access ways and support facilities
                       as recommended by the Public Beach Access Commission.

                  5.2  Signs

                       The                              may provide signs or other
                           (local recreation or public works dept.)
                       markings to indicate the location and extent of public
                       beaches, public access ways and support facilities.

                  5.3 Charging_of Fees.

                       The town of                  F or its authorized agent may
                       impose reasonable and nondiscriminatory fees for the use of

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