AVON-BY-THE-SEA — Borough officials discussed a pending state bill that would clarify existing beach access rights through the public trust doctrine, and what it could mean for Avon, as well as other shore municipalities, at their commissioners’ meeting Monday night.
The Feb. 13 amendment to New Jersey Assembly Bill 4816 stems from the state Assembly Tourism, Gaming and the Arts Committee. The bill, sponsored by Assemblywoman Margie Donlon, was recently amended from its original Sept. 19, 2024 introduction to prohibit the beach badge requirement for access to the beach below mean high tide line “for recreational purposes.”
The bill, on first introduction, originally prohibited requiring beach badges only for surfing and fishing. The amended bill now states that a municipality is prohibited from requiring beach badges for all individuals who want to use the water and wet sand for “recreational purposes.”
“This bill, as amended, would prohibit a municipality from requiring a municipal beach tag or similar admission pass for access to the wet sandy beach below the mean high tide line, for an individual for the exclusive purpose of using the ocean for a recreational activity,” the bill states.
The bill applies to surfers and fishermen, as well as to routine swimmers and those who use the water for other recreation.
“The way the law has been evolving, courts have been saying that on private property, private beach areas, dry sand areas, people that have access to that wet sand area which is protected by the public trust doctrine, should be able to stop and rest and recreate,” Mayor Edward Bonanno explained. “I think down the road, potentially it could lead to a situation where basically people can use the entire beach without having to pay.”
Avon has a large wet sand area at low tide, leaving a decent amount of space for beachgoers to settle on.
“People would be able to, if they want, just put their chairs down there (on wet sand) and they would be able to stay there. We have some days where low tide is in the middle of the day, where they could pretty much go down for several hours, with the lifeguards, and all of our amenities and services and not have to pay, and we lose all that revenue,” said Mayor Bonanno.
Officials also voiced concern about how the law would be enforced.
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