"Emergency" Legislation introduced last Thursday...

[njdiver]

S3321 Authorizes DEP to require public access to waterfront and adjacent shoreline as condition of waterfront development approvals and CAFRA permits.

Passed both Houses

[the1jonc]

This sounds like a good thing...

[njdiver]

Bill S3321 Authorizes DEP to require public access to waterfront and adjacent shoreline as condition of waterfront development approvals and CAFRA permits.

Identical Bill Number: A4927

Was signed by Governor Christie.

1/19/2016 Approved P.L.2015, c.260

http://www.state.nj.us/governor/news/news/552016/approved/20160119a.html

[njdiver]

NJ Senate Environment and Energy Committee 1/25/16

Stakeholder Committee on Beach Access (Public Access to tidelands) Co-Chairs:

Tim Dillingham, Executive Director, American Littoral Society

NY/NJ Bay Keepers

Mike Egenton, Executive Vice President, Government Relations, New Jersey Chamber of Commerce

Sara Bluhm, Vice President for Energy and Environment, New Jersey Business and Industry Association

[njdiver]

From Mr. Michael Egenton, Co-Chair, Public Access Stakeholders Committee:

"Our first meeting is scheduled for Tuesday, February 9 at BIA headquarters (10 West Lafayette St, Trenton, NJ 08608) starting at 10:15 am.

If you (or a designee) are interested in participating in this process, please reach out and email Judith Horowitz from the Office of Legislative Services at JHorowitz@njleg.

I would ask that you send her your full contact information and who you will be representing.

In preparation for that initial meeting, please be prepared to discuss your top 3 issues/priorities."

[1captainron]

Now, if they could only find Parking to go along with the Access!!

[njdiver]

ER 1165-2-130

DEPARTMENT OF THE ARMY
Office of the Chief of Engineers
CECW-RR Washington, DC 20314-1000

15 June 1989

Regulation No. 1165-2-130

Water Resources Policies and Authorities

FEDERAL PARTICIPATION IN SHORE PROTECTION

(Snip)= Irrelevant material deleted.

h. Public Use. Public use is a condition for Federal participation in hurricane, abnormal tidal or lake flood protection projects. Current shore erosion control law provides that "Shores other than public (i.e., privately owned) will be eligible for Federal assistance if there is a benefit such as that arising from public use..." In the case of beaches used for recreation, public use means use by all on equal terms. This means that project beaches will not be limited to a segment of the public. Unless the protection of privately-owned beaches is incidental to protection of public beaches (paragraph 9), they must be open to all visitors regardless of origin or home area, or provide protection to nearby public property to be eligible for Federal assistance. Items affecting public use are discussed below.

(Snip)

(2) Parking. Lack of sufficient parking facilities for the general public (including non-resident users) located reasonably nearby, and with reasonable public access to the project, will constitute de facto restriction on public use, thereby precluding eligibility for Federal participation. Generally, parking on free or reasonable terms should be available within a reasonable walking distance of the beach. Street parking is not considered acceptable in lieu of parking lots unless curbside capacity will accommodate the projected use demands. Parking should be sufficient to accommodate the lesser of the peak hour demand or the beach capacity. In some instances State and local plans may call for a reduction in automobile pollutants by encouraging public transportation. Thus, public transportation facilities may substitute for or complement parking facilities. However, reports which consider public transportation in this manner must indicate how the public transportation system would be adequate for the needs of projected beach users. In computing the public parking accommodations required, the beach users not requiring parking should be deducted from the design figure.

(3) Access. Reasonable public access must be provided in accordance with the recreational use objectives of the particular area. However, public use is construed to be effectively limited to within one-quarter mile from available points of public access to any particular shore. In the event public access points are not within one-half mile of each other, either an item of local cooperation specifying such a requirement and public use throughout the project life must be included in project recommendations or the cost sharing must be based on private use.

(4) Beach Use by Private Organizations. Federal participation in private shores owned by beach clubs and hotels is incompatible with the intent of the P.L. 84-826 if the beaches are limited to use by members or paying guests.

(5) Public Shores With Limitations. Publicly-owned beaches which are limited to use by residents of the community or a group of communities are not considered to be open to the general public and will be treated as private beaches.

(Snip)

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1165-2-130.pdf


DEPARTMENT OF THE ARMY ER 1105-2-100
U. S. Army Corps of Engineers
CECW-P Washington, D.C. 20314-1000

Regulation No. 1105-2-100

22 April 2000

Planning

PLANNING GUIDANCE NOTEBOOK

(Snip)

(5) Public Use and its Relation to Federal Participation. Federal involvement in shore protection has developed historically in relation to beaches, generally with efforts to stabilize, create or restore beaches. It is intended that beaches receiving public aid should not provide exclusively private benefits; and therefore, whenever a hurricane and storm damage reduction project involves beach improvements, public ownership and use of the beach is required. Items related to public use are discussed below.

(Snip)

(a) Parking. Lack of parking may constitute a restriction on public access and use. Therefore, eligibility for Federal participation is precluded in areas where there is a lack of sufficient parking facilities provided for the general public (including nonresident users) reasonably near and accessible to the project beaches. In some instances non-Federal plans may encourage or direct substitution of public transportation access for private automobile access.

(b) Access. Corps participation is conditioned on provision of reasonable public access rights-of-way, consistent with attendance used in benefit evaluation and in accordance with local recreational use objectives.

(c) Beach Use by Private Organizations. Federal aid to private shores owned by beach clubs and hotels which limit beach use to members or guests, is contrary to the intent of Public Law 826 of 1956.

(Snip)

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1105-2-100.pdf


ELBERON TO LOCH ARBOUR REACH
DRAFT INTEGRATED HURRICANE SANDY
LIMITED REEVALUATION REPORT AND
ENVIRONMENTAL ASSESSMENT

(Snip)

Inspection, Performance, and Maintenance

(Snip)

• Provide and maintain necessary access roads, parking areas, and other public use facilities, open and available to all on equal terms.

http://www.deallake.org/wp-content/uploads/2013/12/Main_Rpt_21_Feb_2014-1.pdf