The 10th District legislators have introduced legislation in response to proposed changes to the New Jersey Department of Environmental Protection’s (DEP) coastal development regulations concerning marinas. These changes to the Coastal Zone Management (CZM) rules would require private marinas to provide open, 24- hour public access to waterways throughout their property.
“The state Department of Environmental Protection is going too far in trying to extend its waterfront access rules to marinas, ” said Ciesla. “Many marina owners have been extremely upset in regarding this issue as granting unlimited public access could cause security issues as well as insurance liability issues.”
This legislation would require a marina to submit a public access plan within 60 days after receiving DEP permits for activities relating to the expansion or renovation of an existing marina facility. This plan would specify the hours of operation and when the public may access the waterfront at the marina. If the marina does not submit a public access plan as required, the bill would impose a one-time penalty of $250.
“This bill may restrict allowing 24- hour access to privately owned marinas. Legitimate concerns have been raised about the safety of the boats docked at the marina and the people who stay on board.” said Wolfe.
The legislation provides that the DEP may not require a marina to provide public access to the waterfront as a condition of any permit. The bill would require the DEP to maintain a database of the public access plans, and make this database available on the department’s website which marina owners may access at anytime.
“If the rules and related costs force marina operators to close and sell to developers, public access to the water would be restricted completely.” said Holzapfel “It is important that we are helping the marina owners to stay in business.”
The act recognizes that marinas come in various shapes and sizes and therefore each marina must be permitted to establish a public access plan that addresses its operation, size and geographic location, and the safety of the public at all times.
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