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Heated public comment on private dune walkovers as council reviews draft ordinance
Summary
Council and residents debated proposed rules for private dune walkovers (renewal windows, fees, permitted fencing, and storm-debris removal). Opponents urged ending private walkovers that cross public dunes for ecological reasons; some oceanfront owners defended limited grandfathered walkways and pointed to state regulations. Council did not adopt the ordinance at first reading and deferred further work and public outreach.
A lengthy public-comment period at the Beach Haven Borough Council’s Sept. 25 meeting focused on proposed rules for private dune walkovers, with residents and council members sharply divided over whether the borough should phase out walkovers that cross public dunes.
Council introduced a draft (referred to in the packet as proposed ordinance 26 C) that would set renewal deadlines and fees, limit materials, and require removal of decking after Nov. 1 each season. Key draft provisions summarized by staff included: renewals due by April 1 for $100 (late renewals $500); no renewals accepted after July 1; renewal applications need photographs and descriptions rather than a full site plan; permitted fencing limited to split-rail, post-and-rail or post-and-rope; storm-related debris must be removed within 48 hours of notice.
Several members of the public urged the council to end private walkovers that cross public dunes. "We do vehemently support the discontinuation of this private private walkway system over the dunes," said Laura Simon, a wildlife ecologist who gave her address for the record and criticized the practice as ecologically damaging and socially inequitable. Simon argued that private walkways send a contradictory message when the borough asks the public to stay off dunes to protect them.
Others who appear as oceanfront property owners pushed back. One resident said established walkovers can concentrate foot traffic and cited New Jersey coastal regulations that permit oceanfront owners to apply for walkovers. Brandy Simon, another commenter, said increased walkovers encourage more visitors and potential nuisance behavior and urged stricter controls.
Council members acknowledged the controversy, stressed the ordinance is still a draft and said they want clearer language and maps before final action. One council member urged careful attention to enforcement and to clarify which walkovers are grandfathered; another noted the borough’s maps and Army Corps project information would help determine property and public-dune boundaries. Councilwoman Mrs. Ball Miller said she favors eliminating private dune walkovers in most cases but acknowledged legal and regulatory constraints.
No ordinance was adopted Thursday; the council asked staff and the borough attorney to continue refining the language, to clarify deadlines and enforcement details, and to return with revised drafts and outreach to affected homeowners and stakeholders.
Quotations are from public speakers and council members during the public-comment period and council discussion. The draft remains under discussion and was not introduced for final adoption.
