The public’s right to access tidal waters and their shorelines is a concept that existed prior to the inception of the State of New Jersey and continues to this day.  Public access is a right expressed in the Public Trust Doctrine, in the many court cases that have interpreted and implemented its strictures, and implicitly in the many legislative acts and regulatory provisions that have sought to protect and enhance access.  The Department of Environmental Protection has long seen protecting this right as a vital part of our mission, and we require public access to the shore and tidal waterways under the Coastal Zone Management rules. 

The Department is proposing to restructure how we require public access under the Coastal Zone Management rules, for several reasons:

• The courts have struck down some provisions of the existing rules.
• The Legislature has put a moratorium on implementation of provisions requiring marina access.
• The DEP believes we can provide more comprehensive public access not only by continuing to impose reasonable regulatory requirements, but also by employing additional measures as well. 

The Department is transforming how we accomplish our environmental and policy goals, recognizing that results matter—not the number of pages of overly proscriptive regulatory requirements we impose.  We are guided in this effort by the standards set forth in Governor Chris Christie’s Executive Order No. 2 (January 20, 2010), which directs State agencies to establish rules based on “common sense principles,” and by the Red Tape Review Group’s Findings and Recommendations report (April 19, 2010), which singled out the Department’s existing public access regulations as an example of rules that “offend common sense.”  The Department has also solicited the input of a variety of stakeholders, who have made plain to us not only that a one-size-fits-all regulatory approach is ineffective and excessively burdensome, but also that public access can be best enhanced by recognizing the different geographies of the State and the differing needs of the public. 

We believe that we can significantly enhance public enjoyment and use of the ocean, bays, and other tidal waters by applying common sense principles of governing; by working with local governments, which best understand local circumstances; by eliminating unnecessary burdens on residents, businesses, and government entities; and by bringing to bear resources beyond regulatory requirements. 

The rules we aim to propose will continue to impose reasonable public access regulatory requirements but will employ a host of other measures as well.  The Department will create teams of professionals to work with municipal officials to formulate Municipal Public Access Plans to ensure public access to tidal waters in a more comprehensive manner rather than the current, limited, purely regulatory process.  These plans will consist of an inventory of public access opportunities within a municipality, plus plans to preserve and enhance existing access based on State standards and best practices. 

In addition, we will arm the public with information about public access points, enabling people to choose the ideal location for them to enjoy New Jersey’s coastal and other tidal waters.  Linked from this page are resources that provide particulars about access points, facilities, amenities, costs, and other essential facts; these will be expanded and updated going forward.  New Jersey offers sweeping opportunities to enjoy our waters, and these details aim to allow the public to make informed decisions about which access points meet their needs based on their family’s priorities—such as where they can bring or buy food, surf or play volleyball, canoe or kayak, easily change a baby’s diaper or take a toddler to the restroom, fish off a pier or have a drink at a pier bar. 

The Department continues to explore further means to enhance public access, such as dedicated funding for a Blue Trails program to make shoreline improvements, and additional approaches that have proven successful in other states with coastal communities. 

The environmental health and public accessibility of the ocean, shore and tidal waterways are inextricably tied to New Jersey’s economic health.  Tourism, mostly tied to shore communities, is a $38 billion per year industry in New Jersey.  Our proximity to the Atlantic Ocean and other tidal waterways is an enormous contributor to the quality of our life in our State.  It is in everyone’s best interest to preserve, protect, and make them available.  The rules the Department plans to propose, which are part of a larger effort to promote and enhance access, would do just that. 

The New Jersey shore and riverfront communities are diverse, active places, where people come to enjoy being in close proximity to the water.  This is clearly evidenced by the millions of tourists who come to the shore each year to walk the boardwalks, enjoy our piers, and eat and drink along our waterways.  It is also evident among those who fish in our waters—along bridges and pocket parks as well as from shores—and among boaters of all types who navigate our waters for recreation and who depend on access to the water.

The Department is committed to upholding our historical role in protecting and promoting the public’s right of access to New Jersey’s tidal waters.  We seek to accomplish this significant public policy goal in a broad-based, effective, and comprehensive manner, and we recognize not only the vital role of regulations but also the gains that can be made by working cooperatively with our municipal leaders.  We believe that providing practical information to the public is vital to enhancing opportunities to take advantage of New Jersey’s extensive public access, and that additional means to provide access to the shore and to tidal waterways in New Jersey’s urban areas must be part of a continuing process of improvement.  For all of these reasons, the Department has proposed the following regulatory changes as part of a comprehensive effort to maintain and enhance public access to our tidal waters.