PUBLIC TRUST RIGHTS
- 500 AD - Roman Emperor Justinian codified rights to "things common to all mankind" hence the Public Trust Doctrine
- Recent Past - Some were losing sight of public trust rights; the DEP recognized this trend. Municipalities and beach clubs were becoming more frquently sued over this
2007 Rules- The 2007 rules were an earnest attempt to safeguard the peoples' public trust rights.
- The 2007 rules afforded shoreline access municipalities the means to recognized the allowable extent to which they could limit public access without compromising public trust.
NOW- New NJ Administration in 2010 - New Rules:Proposed Amendments are nearing adoption
- The proposed rule will remove many existing legal requirements established over the years that have a proven track record in creating and protecting beach access
- The state must acheive a better balance between protecting the public and nurturing free enterprise
- The department has throughtoutnthe rules eliminatedthe reference to public trust rights and replaced it with a reference to public access...because the department believes this term more accurately describes the comprehensive public access opportunitiesto be accomplished through these rules
- The department is supporting as a legitimate public access opportunities to be accomplished through these rules
- The Department also wants to "better describe" the "special areas" to which public trust rights apply and is proposing a description of the types of public access and the activities that the public may engage in once they have gained access to the water. AND return things to the way they were before the 2007 rules in promoting Municiapal Public Access Plans based upon the following beliefs of the department:
cities and towns know best how to plan for their
own needs. These plans may be deemed to be reasonable access requirements that recognize
only local conditions and costs.
Municipalities that develop plans will have greater opportunities to plan and control public access within their boundaries, and thus allow all the 250+ municipalities, who have access to tidal waters, control when where and how you can access YOUR beaches.
Forget about night time fishing gentlemen. Forget about fishing on of your prime fishing hole due to access. THIS IS FOR REAL, YOR RIGHTS ARE BEING CHALLENGED HERE! GET INVOLVED.....as stated before some support from NJSWF would be nice.
I have been personally called in by the DEP commissioners office for an advisory meeting.
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