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Beach Haven council approves dune-protection ordinance after heated public comment
Summary
On April 30, 2025, the Beach Haven Borough Council approved Ordinance 2025-7C, tightening rules for private dune walkovers, after more than an hour of public comment from oceanfront homeowners who called the changes burdensome and urged grandfathering for existing permit holders.
The Beach Haven Borough Council on April 30 approved Ordinance 2025-7C, a final-reading amendment to the borough beach-protection code that requires parts of private dune walkovers (fencing, rollaway decking and signage) to be removed during the off-season and mandates native vegetation plantings on the west side of dunes as a condition of permitted use. The ordinance passed after public comment and a roll-call vote.
Supporters and opponents framed the debate as a tension between public-safety and dune-protection goals and private-property interests. Bridal Maletzky, an oceanfront resident who said she followed New Jersey DEP construction requirements for her walkover, urged the council to table the ordinance and exclude existing permitted walkovers, saying the proposed annual removal and reinstallation requirements were “unnecessarily burdensome” and “exceed all suggested NJDEP coastal zone management rules.” Several other oceanfront homeowners echoed that view, noting fees and property-rights concerns.
The council heard repeated technical points from residents: one commenter cited roughly 80 oceanfront homes and 21 private dune walkovers in town and warned that allowing walkovers to proliferate could destabilize dunes by increasing disturbance. James Lynch, identifying himself as the owner of an oceanfront property, said many deeds extend to the high-water line and described the walkover fee increase (from $75 to $100) as effectively a tax. Murray Robertson described having paid a premium for a home with a private walkway that improved beach access for a handicapped family member and called yearly re-permitting and forced removal of fencing “overreaching.”
Council members repeatedly cited storm experience—including breaches during Hurricane Sandy—and said inconsistent DEP guidance had complicated the council’s deliberations. Several members said the borough’s intent was to preserve dune vegetation and public safety while allowing established walkovers to remain. Council members also said they would send an application packet to affected property owners; the clerk said a packet and application would be distributed by the end of the week.
After deliberation Council member Jamie moved to approve the ordinance and Kitty Snyder seconded. The council announced that the motion carried. Recorded roll-call responses during the final reading included both yes and no votes; the clerk declared the motion passed. Council members stressed the ordinance could be amended later and suggested inviting a DEP representative to a future meeting to reconcile conflicting guidance.
The council’s action codifies seasonal removal requirements for certain walkover components and adds planting requirements intended to strengthen dunes. The council said existing permits would continue to be honored for the walkovers the borough currently allows, while the ordinance sets stricter rules for future permits. The clerk will distribute application materials as noted; the council indicated it could revisit or modify provisions after further consultation with DEP and residents.
