Need Action ASAP, NJDEP Run Amuck in New Jersey

Joined
Feb 17, 2005
RO Number
16333
Messages
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Folks:
Sorry for the long post. I just found out about this issue with the NJDEP and it will effect all of us who own boats and or waterfront property in the garden state.
The public comment period will end this Friday, 2/15, so quick action is needed.
For those who live in other states, you'll find this unbelievable.
The NJDEP is about to pass a
rule that will require all marinas to deed restrict a 10' walkway along their
entire waterfront for public access. This must be kept open to anyone
24/7/365.
In addition 2 parking spaces and bathroom access will be required. Since a marina no longer can have gates and fences blocking access, insurance rates for the marina will go way up. Remember, this access is year-round so the risk of someone slipping at night on ice is real.
Naturally boaters will have the costs passed on through higher slip and storage rates. Boater's own insurance will go up as you are more open to theft and vandalism.
How comfortable will you feel allowing your wife or children using the showers or bathrooms knowing some creep could have access?
The 10' walkway must be open all year, so some winter land storage space will be lost. This will force prices up to compensate.
Finally, for some marinas, this will be the last straw. They would rather sell out to the many waiting developers than to give up their property to the state. Less access for boaters.
Despite efforts by the NJ Marine Trades association and numerous newspaper editorials against it, the NJDEP seems unswayed in their
crusade.
The public comment period ends February 15, 2008. If you own a boat in NJ, even if you don't keep it in a marina this will affect you.

Write a letter opposing the planned rule to:
Gary J Brower, Esq
Office of Legal Affairs
Attn: DEP Docket Number 26-07-11/663
Department of Environmental Protection
401 East State Street, Floor 4
P.O. Box 402
Trenton, NJ 08625-0402

For more information, you can go to www.mtanj.org, click on "about MTA/NJ" and then click on "Govt Affairs". There is a link
to the NJDEP site where you can read the whole proposed rule.

This is a real serious problem that can only hurt the boating industry.

One more thing. Just because you don't have your boat at a marina you still need to act. There was a meeting at the AC boat show on 2/7/08 between the Marine Trades Associaton of New Jersey and the NJDEP. My brother in law attended and said someone asked if that
meant individual single family homes, they said YES eventually that is the goal.
I am scared to death that I will be forced to let the public have access to the bulkhead in my backyard. This is just plain crazy. Something needs to be done asap.

In addition to sending a letter to the NJDEP directly, also Send letters apposing this rule to your state legislators. Be sure to reference the docket number in the letters to your state legistlators. You can find your state legistlators at http://www.njleg.state.nj.us/Default.asp .

Thanks
eric
 
This is insane. Has our own government finally once and for all totally lost all ability to think logically and with reason..........?

Don't answer, it was a rhetorical question.

Jonathan
 
Thanks Eric, I'm going to try and get Diane Allen involve. I can't belive this. We have a water front property with the highest taxes in the country and my slip is allready hard to handle.
 
Folks:
Here is some additional information from Margaret Podlich on the boatus message board. Only two more days to act.
thanks
eric

For folks in New Jersey:

1. If you want to comment to the state - do it now - deadline is 2/15/08!

2. If you can't believe the state is doing this, feel free to contact the Governor and let him know how you feel. His administration is supporting this effort. His phone number is 609-292-6000.

3. Make sure your state legislators know what's going on. They have an opportunity to work on this issue - on your behalf - via legislation.

Here is some good information from an information sheet put out by the NJ Marine Trades Association.

Background: The New Jersey Department of Environmental Protection (NJDEP) has issued a rule proposal that would require all marinas to allow public access on their properties 24 hours a day, 7 days a week and 365 days of the year. Marina owners will be forced to deed restrict a portion of their property and provide parking spaces for non-customers. The rules require a surrender of property rights and force a marina owner to make decisions about their operations which they may not be able to afford or cannot reasonably implement.

The proposal was initially introduced in November of 2006 with amendments to the original proposal posted this past December. Any marina applying for a Coastal General or Individual permit to do work on their site will be required to provide public access including a walkway along the entire waterfront of the marina with the exception of hazardous areas, i.e. forklift locations, etc. This means that any member of the general public will be allowed to access a marina property and walk up the waters edge where marina customer’s boats are docked. The Marine Trades Association of New Jersey (MTA/NJ), a non-profit trade Association, has been working hard to fight this issue and get marinas exempted from this rule proposal.

Issues: This rule proposal creates a number of serious concerns for marina owners and their customers. These concerns range from increased security issues such as vandalism and theft to boats and property, access issues for paying customers where security measures such as gates will need to be installed on the docks and the potential for increased costs of services for boaters. These are just a few of the problems associated with unlimited access at marinas.

What You Can Do: You can oppose these rules by sending a letter of opposition to the NJDEP. You can simply state in a letter that, as a boater, you are opposed to these rules and/or you can explain your concerns of this proposal in detail. Written comments are due by February 15, 2008. Please send your comments to:

Gary J. Brower, Esq.

Office of Legal Affairs

Attn: DEP Docket Number 26-07-11/663

Department of Environmental Protection

401 East State Street, Floor 4

P.O. Box 402

Trenton, NJ 08625-0402

Contact Your Legislators: You can also contact your local state and federal legislators and ask for their assistance. You can give them a call; send a letter or an email. Contact information can be found at www.njleg.state.nj.us.

Additional Information: For additional information about this issue, you can contact the MTA/NJ at 732-292-1051 or email at inforb2@gr5tmtanj.org. You can also contact your local marina. Links to the proposal and the original rule that was adopted can be found on the MTA/NJ website at www.mtanj.org, click on About Us and then Government Relations. There you can also find a copy of the MTA/NJ’s comments on the rule proposal, legislative contact information and recent news articles.

Margaret Podlich
 
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