2013 New Jersey Revised Statutes
Title 13 - CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS
Section 13:19-39 - Findings, declarations relative to public access requirements for marinas.

13:19-39 Findings, declarations relative to public access requirements for marinas.

2.The Legislature finds and declares that:

a.The Public Trust Doctrine is an important legal principle that establishes the right of the public to use tidal waterways and their shores, including the ocean, bays, and tidal rivers;

b.As interpreted today, the Public Trust Doctrine upholds that public rights to tidal waterways and their shores are held by the State in trust for the benefit of all of the people, and recognizes and protects natural resources as well as recreational uses such as swimming, sunbathing, fishing, boating and walking along tidal waterways and their shores;

c.Marinas are a unique and essential part of the State's waterfront community, providing access to a variety of recreational activities, and providing important boating infrastructure and services, that should be encouraged;

d.In December 2007, the Department of Environmental Protection adopted rules and regulations, and issued a concurrent regulatory proposal, governing public access at marinas, which rules and regulations are both economically destructive and practically unworkable for the marina industry; and

e.It is therefore in the public interest to conduct a study of the efficacy, practicability and feasibility of these rules and regulations and to impose a moratorium on their implementation until such time as the affected parties have had the opportunity to address the many and variegated issues raised thereby.

The Legislature therefore determines that a moratorium on the implementation of the rules and regulations adopted by the Department of Environmental Protection in December 2007 governing public access at marinas is critical to ensure that all affected interests are taken into account, thus increasing the likelihood of a more reasonable and equitable policy emerging therefrom.

L.2008, c.82, s.2.