The State of New Jersey is charged with protecting our public access rights to our tidally flowed waterfront areas through the Public Trust Doctrine.  Our beaches, bays, river are all held in “trust” by the state for all to use and enjoy.  Unfortunately, conflicting interests and varying interpretations of the Public Trust Doctrine continue to interfere with our public access rights.

 

Below we will attempt to provide a 10 year timeline of New Jersey’s efforts to resolve public access to our waterfront issues.  We have provided some links to more in depth information to some aspects of this timeline.  Please refer to the links for further clarification.

 

NOTE:  The State of New Jersey has traditionally applied our Public Trust Doctrine rights primarily to municipally owned properties.  Prior to 2007 two notable New Jersey Supreme Court Decisions also affirmed the Publics’ rights to privately owned beaches.

1984- Matthews vs. Bay Head Improvement Association- set guidelines for public access to a “quasi-public” beach.   http://www.casebriefs.com/blog/law/property/property-law-keyed-to-dukeminier/private-land-use-controls-the-law-of-servitudes/matthews-v-bay-head-improvement-association/

2005-Raleigh Ave. Beach Association vs. Atlantis Beach Club- helped to establish Public Trust Doctrine Application to a private beach club. http://law.justia.com/cases/new-jersey/supreme-court/2005/a-40-04-opn.html

The State of New Jersey is charged with protecting our public access rights to our tidally flowed waterfront areas through the Public Trust Doctrine.  Our beaches, bays, river are all held in “trust” by the state for all to use and enjoy.  Unfortunately, conflicting interests and varying interpretations of the Public Trust Doctrine continue to interfere with our public access rights.

 

 

 

Below we will attempt to provide a 10 year timeline of New Jersey’s efforts to resolve public access to our waterfront issues.  We have provided some links to more in depth information to some aspects of this timeline.  Please refer to the links for further clarification.

 

 

 

NOTE:  The State of New Jersey has traditionally applied our Public Trust Doctrine rights primarily to municipally owned properties.  Prior to 2007 two notable New Jersey Supreme Court Decisions also affirmed the Publics’ rights to privately owned beaches.

 

1984- Matthews vs. Bay Head Improvement Association- set guidelines for public access to a “quasi-public” beach.   http://www.casebriefs.com/blog/law/property/property-law-keyed-to-dukeminier/private-land-use-controls-the-law-of-servitudes/matthews-v-bay-head-improvement-association/

 

2005-Raleigh Ave. Beach Association vs. Atlantis Beach Club- helped to establish Public Trust Doctrine Application to a private beach club. http://law.justia.com/cases/new-jersey/supreme-court/2005/a-40-04-opn.html

 

 

 

 

 

UNFORTUNATELY, BEACH ACCESS ISSUES OFTEN TAKE MANY YEARS TO RESOLVE (our own experiences have shown that litigation takes an average of 5 years . Our longest battle took us OVER 9 years!) OFTEN MATTERS THAT APPEAR TO HAVE BEEN SETTLED RETURN IN SOME FORM OR ANOTHER!

FOR BETTER MANAGE MENT WE WILL RE-POST INFORMATION THAT PREVIOUSLY APPEARED ON OUR HOME PAGE ON THIS PAGE. THESE ISSUES BE NOT BE CURRENT BUT ARE STILL RELEVENT .

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OUR DEAR FRIEND AND MENTOR, DERY BENNETT

who passed away December 15, 2009. Dery's inspirational guidance and support of C.R.A.B. from our formative period throughout the years will always be greatly appreciated. THANK YOU DERY!

Click on the photo of Dery for link to American Littoral Society Page Honoring His life and many achievements.

We couldn't have said it better than his colleagues at ALS "All of these achievements were realized with courtesy and grace. He never raised his voice--he didn’t have to--when Dery spoke, people on all sides of an argument listened. Now, we can only strive to measure up to his example by continuing on the path he blazed and safeguarding the advances he made. He is sorely missed. "

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THANKS TO EVERYONE WHO TOOK PART IN THE 2009 DUNE PLANTING PROJECT. SPECIAL THANKS TO STUDENTS AND PARENTS of JERSEY SHORE AIKIAKI (JSA)
click here for a slide show of the 2008 Dune Planting Project

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2007 PUBLIC ACESS RULE INFORMATION

**SEE OUR HOME PAGE FOR IMPORTANT UPDATE INFORMATION ON THE 2011 PROPOSED CHANGES TO THE PUBLIC ACCESS RULE.....YOUR HELP IS NEEDED!

Fight for your Rights to the Shore ...Support the Proposed New Jersey Public Beach Access Rules

We have been working with The American Littoral Society (ALS) and several other groups to study and promote the new Public Access Rules.

The State of New Jersey has proposed new regulations aimed at expanding, enhancing and protecting the rights of the public to access the beach and ocean. These rules are a giant step in the right direction for anyone who likes to swim, surf, fish, boat, run, walk, or just sit and sunbathe on the beach. The rules make clear that the Public Trust Doctrine is the law of the shore in New Jersey. The Public Trust Doctrine is a legal precedent dating back to Roman times. It holds that navigable rivers, streams, wetlands, seashores and bays belong to the people. The Doctrine declares that all of us have an unassailable right to access and use the waterfront for traditional purposes such as navigation, commerce, and fishing. A growing body of U.S. case law has expanded that definition to include the assurance of diverse recreational uses, as well as a guarantee of the protection of habitats and natural systems. Through this rule, the NJ Department of Environmental Protection is putting the Public Trust Doctrine into action.

These rules will be opposed by beachfront developers, some towns and others who seek to make the Shore exclusively theirs. Strong support is needed from the public, fishermen, divers, surfers and other coastal stakeholders. The Society is preparing formal comments to the state on the rule, but in the meantime has developed a fact sheet to let our members and the public know of our take on the proposal.

DECEMBER 17, 2007 DEP ADOPTS NEW PUBLIC ACCESS RULES

THE NJDEP ADOPTED THE NEW PUBLIC ACCESS RULES DECEMBER 17, 2007. C.R.A.B. APPLAUDS THE DEP FOR ITS CONTINUED COMMITTMENT TO PUBLIC BEACH ACCESS IN NEW JERSEY

 2/08...THE NEW PUBLIC ACCESS RULE HAS COME UNDER FIRE BY MARINA OWNERS AND OPERATORS.

CLICK ON THE LINKS BELOW TO READ AND DOWNLOAD COMMENTS SENT TO THE DEP IN SUPPORT OF THE PROPOSED PUBLIC ACCESS RULES .

JOINT COMMENTS IN SUPPORT OF THE PUBLIC ACCESS RULES

In addition to signing on to the joint comments above, C.R.A.B. submitted additional comments in support of the rules. 

CLICK HERE TO DOWNLOAD AND READ PDF OR OUR COMMENTS

UPDATE: (12/07) THE DEP IS RELEASED THE NEW PUBLIC ACCESS RULE

UPDATE: 3/19/11 THE 2007 PUBLIC ACCESS RULE IS IN THE PROCESS OF BEING SCRAPPED BY THE DEP AND A NEW PUBLIC ACCESS RULE PROPOSAL IS BEING DRAFTED.

(SEE OUR HOME PAGE FOR THE LATESTINFORMATION).

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SOME OLDER BUT STILL VERY TIMELY NEWS:

(UNFORTUNATELY SOME OF THESE ISSUES HAVE NOT CHANGED MUCH SINCE FIRST REPORTED ON THIS SITE)

FOR PHOTO OF THE AREA CLICK HERE TO READ OUR 2007 NEWSLETTER 

THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION HAS PUBLISHED ITS NOTICE OF INTENT TO SETTLE APPEAL OF CAFRA PERMIT DENIAL [CAFRA Permit Application Denial File #1525-97-0002.3 (OAL Docket No. ESA 08429-99S).] THIS SETTLEMENT WILL ONCE AND FOR ALL REMOVE THE FENCE BLOCKING ACCESS TO THE SOUTH JETTY OF THE MANASQUAN INLET PROVIDING ACCESS FOR EVERYONE. IN ADDITION, OTHER SETTLEMENTS IN POINT PLEASANT BEACH HAVE MADE IT POSSIBLE FOR THE BOROUGH TO OBTAIN FUNDS TO ENHANCE ACCESS TO THE JETTY. MUNICIPAL OFFICIALS ARE PLANNING TO INCREASE ACCESS FOR PERSONS WITH DISABILITIES AND WILL BE MAKING ADDITIONAL IMPROVEMENTS TO THE AREA.

CLICK HERE TO READ THE SETTLEMENT

WE WOULD LIKE TO THANK THE DEP FOR ITS EFFORTS TO RESOLVE THIS LONG STANDING ACCESS ISSUE AND WE LOOK FORWARD TO THE IMPROVEMENTS AND INCREASED ACCESS TO THIS MOST IMPORTANT AREA IN THE COMING MONTHS. 

C.R.A.B. HAS SUBMITTED COMMENTS TO THE DEP IN SUPPORT OF THE SETTLEMENT

CLICK HERE TO READ OUR COMMENTS

**UPDATE 11/07- C.R.A.B. IS WORKING TOWARD IMPROVED JETTY ACCESS FROM THE BOARDWALK AND THE INLET PARKING LOT**

We are in the process of scheduling meetings and site visits with the state and the borough of Point Pleasant Beach regarding our concerns and suggestions

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RISDEN'S SOUTHERN PARKING LOT and LOCKER FACILITY TO BE PURCHASED and PRESERVED BY POINT PLEASANT BEACH

The Risden's South Parking Lot is now operated by the Borough of Point Pleasant Beach. The Borough has also leased the bathhouse and snack facility to a private company and it will be fully operational this summer. NOTE: THE BATH HOUSE AND SNACK BAR ARE NOT PART OF THE RISDEN'S BEACH ANYONE USING THE BATH HOUSE FACILITIES MUST ALSO PAY A FEE TO RISDEN'S FOR BEACH ACCESS.

THANK YOU TO ALL WHO CAME OUT IN SUPPORT OF RETAINING THE PROPERTY FOR ITS PRESENT USE AS A VALUABLE AMMENITY TO PUBLIC BEACH ACCESS!

The Borough Planning Board should be commended for its hard work in arriving at its decision to reject the application. The Borough Council, especially former Council President Mike Loughran, should also be commended for its efforts in negotiating an agreement with the property owners. We at C.R.A.B. would like to thank the Risden Family for deciding to sell the property to the town and again we woul like to commend all who worked so hard to settle this often emotional issue in favor of preserving the property for public use.

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WARNING:

MOST BEACHES ARE UNGUARDED AT THIS TIME OF YEAR AND RIP CURRENT CONDITIONS ARE PREVALENT.

NEVER SWIM ALONE IN UNPROTECTED WATERS. LEARN TO SPOT POTENTIAL RIP CURRENTS BEFORE ENTERING THE WATER. IF CAUGHT IN A RIP CURRENT REMAIN CALM, TREAD WATER OR FLOAT. CALL OR WAVE FOR ASSISTANCE. DON'T TRY TO SWIM AGAINST THE CURRENT. INSTEAD SWIM PARALLEL TO THE SHORE UNTIL YOU ARE OUT OF THE CURRENT. ONCE OUT OF THE CURRENT SWIM DIRECTLY TOWARD SHORE

REMEMBER:

WHEN IN DOUBT--DON'T GO OUT!

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HELP US KEEP OUR BEACHES AND COASTAL WATERS CLEAN

• ADOPT A "TAKE OUT WHAT YOU BRING IN POLICY"

Bring a litter bag with you and dispose of it properly when leaving the beach If possible pick up papers and other small trash items from your surrounding area as you leave. Set a good example for others to follow

• EDUCATE YOURSELF ABOUT NONPOINT SOURCE POLLUTION AND ADOPT A BEST PRACTICES PROGRAM AWAY FROM THE BEACH AND AROUND YOUR HOME

Don't litter, pick up after your pets, use environmentally friendly gardening techniques, don't over fertilize, properly maintain sewer and septic systems, maintain your automobile to reduce drips and leaks. REMEMBER WHAT GOES DOWN OUR DRAINS OR INTO OUR STREETS WINDS UP IN OUR STREAMS,RIVERS, and BAYS ..... AND EVENTUALLY OUR OCEAN.

 These are just a few of the things you can do to help. For more valuable tips on nonpoint source pollution control visit cleanoceanaction.org, savebarnegatbay.org ,

littoralsociety.org, nynjbaykeeper.org

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Current Weather

09/08/2014

® accuweather.com

NOTE: WE HAVE A NEW PHONE NUMBER: 732-361-CRAB (2722)

Citizens' Right to Access Beaches, C.R.A.B. INC. ©1996-2011

All Rights Reserved This page is reviewed and updated bi-weekly. Page update 03/17/11

HOWEVER YOU CHOOSE TO ENJOY OUR BEAUTIFUL COASTLINE...C.R.A.B. IS WORKING TO PROTECT EVERYONE'S RIGHTS TO CLEAN , SAFE and ACCESSIBLE BEACHES !

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