Decriminalize NJ Beach Access

On August 20, 2024, a surfer in Belmar was arrested for allegedly failing to display a beach badge while exiting the water. On August 24, an individual bypassed the beach badge checker to conduct a peaceful protest by sitting at the high tide line - he was removed by Belmar for not having a beach badge.

These incidents are not just isolated cases; they are a symptom of a broader injustice that plagues New Jersey. Why is beach access criminalized in New Jersey?

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The footage from Belmar is a stark reminder of the overreach of current regulations. Treating such a minor infractions as a criminal offense is an affront to the principles of fairness, justice, and public access that should be the cornerstone of our state's policies.

Background

During the summer of 1929, the local Board of Commissioners in Bradley Beach held a meeting and passed a resolution "designating the public bathing beaches of this resort for residents and their guests only." This was the first instance of requiring "beach badges" in New Jersey, but other towns quickly recognized this as a revenue generating method. 

As tourism flourished, "beach badges" and fees became a common feature across nearly all coastal communities. Despite legal challenges, the New Jersey Supreme Court upheld the constitutionality of these fees, effectively entrenching a system that places a price tag on nature.

The Beach Fee Statute & Public Trust Doctrine

The New Jersey Beach Fee Statute, Section 40:61-22:20, grants municipalities the authority to charge fees for beach access to fund beach maintenance, safety measures, and other related expenses. However, if an individual is not using municipally provided services, then they should not be charged a fee pursuant to the Public Trust Doctrine.  See, NJDEP Public Access webpage, History and Legal Precedents; N.J. Stat. § 13:1D-150.

The New Jersey Administrative Code, specifically N.J.A.C. 7:7, outlines Coastal Zone Management Rules that govern the imposition of fees at publicly or privately owned beach or waterfront areas. The regulation explicitly states:

"A fee for use of bathing and recreational facilities and safeguards, such as lifeguards, toilets, showers, and parking, at publicly or privately owned beach or waterfront areas, may be charged... However, no fees shall be charged solely for access to or use of tidal waterways and their shores."

DEP further clarified that these fees “relate to use of the dry beach”, and
not access to or use of the water or the adjacent “wet sand”. 38 N.J.R. 4570(a).

In 2019, the Public Trust Law was enacted to codify centuries of case law that recognize the rights of the public “to use and enjoy the State’s tidal waters and adjacent shorelines for navigation, commerce, and recreational uses, including, but not limited to, bathing, swimming, fishing, and other shore-related activities.”

The common law Public Trust Doctrine in New Jersey holds that adequate access to the beach must be provided across municipal beach lands. Van Ness v. Borough of Deal, 78 N.J. 174 (1978).

Due to the fact that the beach area up to the high water mark is owned by the State as trustee for the public, the public must be afforded reasonable access to the foreshore. The public rights in tidal lands are not limited to navigation and fishing, but extend as well to recreational uses, including bathing, swimming and other shore activities. Borough of Neptune City v. Borough of Avon-By-The-Sea, 61 N.J. 296 (1972).

In addition, under the Public Trust Doctrine, municipalities are trustees of the beaches within their boundaries and must operate and maintain those beaches for the benefit of all members of the public. Slocum v. Belmar, 238 N.J. Super. 179 (Law Div. 1989). 

Limiting access by placing an unreasonable economic burden on the public undermines the objectives of the public trust doctrine to the same extent as any physical barrier; the public trust doctrine dictates that the beach and the ocean waters must be open to all on equal terms and without preference. Raleigh Avenue Beach Ass'n v. Atlantis Beach Club, Inc., 185 N.J. 40, 879 A.2d 112 (2005).

The Misuse of Funds and the Erosion of Public Trust

The New Jersey Beach Fee Statute, Section 40:61-22:20, authorizes municipalities to charge fees for beach access with the stipulation that all revenue must be used exclusively for beachfront-related expenses. However, there have been numerous instances where these funds have been diverted to non-beachfront expenditures, violating the spirit of the Public Trust Doctrine and eroding public confidence in the fairness and transparency of the system.

This misuse of funds is not just a breach of trust; it is a betrayal of the public’s right to enjoy the state’s natural resources. The continued imposition of beach fees, coupled with aggressive enforcement practices that criminalize those who fail to comply, only serves to deepen the divide between those who can afford to pay and those who cannot. It is time for New Jersey to take a stand against this inequity.

Advocating for Fairness, Equity, and Public Access

By signing this petition, you are standing up for the fundamental principle that our beaches belong to everyone. You are advocating for a New Jersey where access to the coastline is not determined by wealth, but by the shared right of all residents and visitors to enjoy the beauty and serenity of our natural environment.

Let us put an end to the criminalization of beach access. Let us reaffirm the Public Trust Doctrine in its truest sense, ensuring that New Jersey’s beaches are free, open, and welcoming to all.

Join us in this fight to decriminalize NJ beach access and protect our public rights.

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