Bill Places 2-Year Moratorium on Disputed Public Access Regulations Recently Adopted by DEP
Legislation (S-1533 Scs) that would place a two-year moratorium on disputed marina regulations recently adopted by the New Jersey Department of Environmental Protection (DEP) has been approved by the Environment committees of both the New Jersey Senate and General Assembly.
The recently adopted DEP regulations require marinas to provide unlimited public access to the waterfront, creating serious security and insurance concerns that marina owners claim have been overlooked. Additionally, the adopted regulations require that public access be permanently dedicated by marinas through deed restrictions as a condition when applying for permits to improve their facilities.
“The public access regulations adopted by the DEP have raised a number of valid concerns from marina owners,” said Ciesla. “This legislation puts those regulations on hold and provides time for a comprehensive review of the DEP’s proposals.”
Ciesla’s legislation places a two-year moratorium on the DEP regulations, and creates a 10-member task force to study and provide recommendations on the regulations. The task force would include a representative from the DEP, elected officials from Shore communities, experts in coastal and shore protection issues and representatives of marina operators.
“The DEP has acknowledged that changes to the public access regulations are necessary based on the many problems that have been identified,” added Ciesla. “This legislation provides the opportunity to ensure that the public has reasonable access to the waterfront, without putting the viability of marinas or the security of their customers at risk.”
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January 28, 2009









