Committee releases amended bill clarifying beach access for surfers, anglers; municipalities raise concerns

Assembly Bill A4816, which seeks to clarify public access to shoreline areas, was amended and released by the Assembly Tourism, Gaming and Arts Committee after extensive testimony from anglers, surf and conservation groups and business associations.

The bill as amended prohibits a municipality from requiring a beach badge or admission pass for individuals accessing the wet sandy beach area below the mean high tide line "for recreational purposes," language that the sponsor’s statement and supporters described as targeted to surfers and anglers who do not use municipal beach services. Assemblywoman Donlon (sponsor; statement read into the record) told the committee she intended the bill to "solidify access to one of our greatest natural resources in this state, our ocean and shoreline" and to reinforce the public trust doctrine.

Multiple witnesses urged clarifications and expansions. George Brown, public-access chair for the New Jersey Beach Buggy Association and the Berkeley Striper Club, urged that the bill be broadened to cover all tidal waters and beaches that received public replenishment funds, noting that not all beaches are municipally run and that state or federal funds have required public-access points. Brown said islands of local practice can lead to anglers being charged for fishing at piers or bulkheads even though taxpayer money funded replenishment: "We would like to see those beaches treated similarly to municipal beaches for the purposes of access for fishing and surfing. Very simply, federal, state, or local taxpayer money has been used, and they should be treated as municipal beaches."

Ray Canton of the New Jersey Business and Industry Association supported the bill as written in its focus on recreational fishing, emphasizing the economic contribution of recreational anglers to local businesses. Tim Dillingham of the American Littoral Society and Matt Gove of the Surfrider Foundation supported the measure and its amendment but urged additional study and careful drafting; Gove suggested adding a state report compiling information on current beach-tag practices, lifeguard coverage and related fees.

Several municipal representatives and stakeholders raised concerns that the amendment’s phrase "for recreational purposes" could be read broadly to include swimming or sunbathing and would deprive municipalities of revenue used for beach upkeep, lifeguards and other services. One speaker said the amendment "went from helping two people to making it illegal for towns to have beach badges" and asked the sponsor to revisit the language. Committee leadership acknowledged those concerns and said they would convey them to the sponsor; the chair also noted the amendment specifically tied access to the mean high tide line.

On the motion to amend and release A4816, the roll call recorded: Assemblyman McClellan — no; Assemblyman Guardian — no; Assemblywoman McCance D'Amato — yes; Assemblywoman Hall — yes; Vice Chair Calabrese — yes; Chairman Maumen — yes. The bill was released as amended. Committee members said they expect further conversations with the sponsor to refine language and address municipal revenue and enforcement concerns before final passage.