Legislation which places a two-year moratorium on disputed public access regulations recently adopted by the New Jersey Department of Environmental Protection (DEP) has been passed by the New Jersey Senate and General Assembly. S-1533/A-2601 is sponsored by District 10 legislators, Andy Ciesla, Dave Wolfe and Jim Holzapfel.
The unlimited public access regulations, which were recently adopted by the DEP, created serious concerns from local marina owners. “Many marina owners have expressed valid concerns that allowing unlimited public access to their facilities may cause serious security and insurance liability issues, ” said Senator Ciesla. “The DEP regulations have also included that public access be permanently dedicated by marinas through deed restrictions as a condition when applying for permits to improve their facilities.”
The two-year moratorium on the DEP regulations provides time for a comprehensive review of the DEP’s proposal. During this time, the “Public Access and Marina Safety Task Force, ” a team consisting of 10-members, will be assigned to study and provide recommendations on the regulations. The task force will consists of a representative from the DEP, four elected public officials, experts in coastal and shore protection issues as well as representatives of marina operators. The task force will then report their findings to the Governor and Legislature by December 2010.
“Unnecessary and burdensome restrictions placed on marina owners would only serve to drive marinas out of business and ensure more waterfront development, ” said Assemblyman Holzapfel. “Public access would actually decline if private marinas were to shut down. Our legislation hopes to prevent that.”
“This legislation strikes a good balance by ensuring that the public has reasonable access to waterways, without requiring marinas to provide full public assess to privately owned facilities, ” added Assemblyman Wolfe.
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September 30, 2008
