GOVERNMENTAL RELATIONS
"The significance of the recreational boating industry cannot be understated as both a driver of our tourism economy or as an employer in numerous manufacturing, service and sales sectors. New Jersey boaters spend approximately $2.1 billion dollars on in-state recreational boating activities. Boating in New Jersey is serious business and this level of economic impact confirms how important the industry is to the state and demonstrates how much we need to work to protect and promote it.
Unfortunately, despite the value of boating in New Jersey and the challenges our industry is facing, the State does not offer the types of protections or promotion that is considered critical in many other coastal states. Currently, management of key boating issues is split amongst several departments and offices, primarily the DEP and DOT. While these agencies provide positive assistance and direction, boating is not either of their primary responsibilities."
To read the Comments in full click here.
"On behalf of the Marine Trades Association of New Jersey I am requesting information on the use of funds diverted by P.L.2010, c.35 (Senate Bill 3000/Assembly Bill 3000) from the “I Boat NJ” grant program, established by boating registration fees under N.J.S.A. 12:7-34.47."
To read the request in its entirety click here.
The MTA/NJ is pleased to report that the DEP has announced today the new public access rule proposal with significant changes to the rules, many of which are very positive and represent a return to common sense with a reasonable and balanced approach to providing public access to our waterways.
As Commissioner Martin stated in the press release, “The revisions to the State's Coastal Zone Management rule were developed after extensive input and review by local governments, recreational interests, public access advocates, business leaders, and members of the public. They will build upon the years of success New Jersey has had in providing access to these important natural resources while helping municipalities identify ways they can make access even better.” To read the full DEP release, please click here.
The following is a summary of the changes impacting marinas: For existing marinas where the proposed activity consists of maintenance, rehabilitation, renovation, redevelopment, or expansion that remains entirely within the parcel which included the existing development, existing public access shall be maintained. If it is necessary to impact the existing public access in order to perform the proposed activities, equivalent public access shall be provided onsite. Equivalent public access shall include access that provides for opportunities to participate in the same activities such as fishing, swimming, passive recreation, etc., in the same manner and by the same number of people as in the existing public access area. If there is no existing access onsite, no public access is required.
Under the new rules public access will only be required for new marina development, provided onsite and only during normal operating hours. New marina development is defined as “any change in the existing development that would result in greater than a cumulative 50 percent increase in the area covered by buildings, asphalt, or concrete paving, or proposed development of areas not within the parcel containing the existing development for which a coastal permit was obtained, or if the marina was not previously permitted because a coastal permit was not required, includes development on a lot or lots which are purchased after (the date of proposal).
Applicants for new marinas will need to provide a public access plan for the marina that shall include a site plan identifying the location and type of access provided, including both existing and proposed, as well as any areas closed to public access based on the presence of substantial permanent obstructions or the risk of injury from proposed hazardous operations, and where no reasonable measures can be taken to avert these risks. The plan shall also include a listing of the normal operating hours for the marina.
Under this new common sense rule proposal, many existing marinas will no longer trigger the public access requirements and will not be faced with onerous and burdensome requirements. For any new development that does trigger public access, there are a number of ways to satisfy the requirements and applicants can choose from a list that includes: A public accessway; A boat ramp, pier, fishing or other direct access to the waterway; A waterfront pocket park; Public restrooms to accommodate those utilizing public access; and/or Additional public parking to accommodate those utilizing public access. In addition to incorporating flexibility into the rules, they are no longer requiring full access to the waterfront nor are they requiring access 24 hours a day/ 7 days a week.
Also, the DEP is putting together teams of professionals to work with municipalities to help them develop public access plans that are specific to their municipalities and that are intended to meet the needs of their communities and the surrounding region. These plans will identify goals, the needs of the community, inventory existing access points, and provide for an implementation strategy. The good news here is that municipalities cannot include marinas in their Municipal Access Plans and that the only criteria for providing public access at a marina is contained in the rules.
The MTA/NJ has spent the last four years aggressively working on this issue and fighting for the rights of marinas. While we do have some concerns about certain issues which remain in the proposed rules, we appreciate the fact that our concerns were heard and recognize that these changes are the culmination of significant efforts by the Department leadership to bring common sense, reason and a respect for property rights to the public access rules.
Public hearings are scheduled on May 12, 11 a.m. at Liberty State Park, Jersey City; and May 17, 11 a.m., at Richard Stockton College, Pomona. Written comments may be submitted through June 3 to: N.J. Department of Environmental Protection, Gary Brower, Esq., ATTN: DEP Docket No. 05-11-03, Office of Legal Affairs, 401 East State Street, 4th Floor, PO Box 402, Trenton, New Jersey 08625.
To read the rule proposal, and for information on submitting comments and the public hearings, visit: http://www.nj.gov/dep/rules/notices/040411a.html
If you have any questions or comments, please email Melissa Danko at mdanko@mtanj.org or phone at 732.292.1051.
MTA/NJ News Release
MTA/NJ Testimony on New Public Access Rules-May 2011
Pubic Access Moratorium Extension Legislation Introduced
Legislation to extend the Public Access Moratorium has finally been
introduced. S2471, which is sponsored by Senator Ciesla, was introduced last week and referred to the Senate Energy & Environment Committee. We are now working with the chairman of the Senate Environment committee to get the bill on the next committee meeting agenda. We are also continuing our efforts with the DEP on the recent proposed rule changes and are hoping to meet with them shortly to discuss when the changes are going to be posted as well as discuss the timing of the legislation and the expiration of the moratorium. We will continue to keep you posted. Please be sure to let us know if you experience any problems with your DEP permits over the next few weeks. Contact Melissa Danko at 732-292-1051 immediately.
The MTA/NJ has spent the last three and a half years aggressively fighting these rules legally and legislatively. The public access rule places serious mandates on marina owners; increases security concerns, reduces revenues and increases costs beyond the ability of most marinas to support. Marinas find themselves boxed in, as they can not expand or improve without revising their facility for increased and unlimited public access. Most recently, Melissa Danko and MTA/NJ members have been working with the new administration and urging the department to recognize the serious impacts that these rules have had on the boating industry and exempt marinas from the new public access requirments as marinas already provide public access by the very nature of their business.
MTA/NJ is very pleased that the department has responded to the Association's concerns and recognized the need to revise the state’s public-access rule to make it more reasonable using common sense. While this is a positive step in the right direction, there are a number of questions that need to be answered and what the specific changes to the rules are going to be for marinas. We are in the process of arranging a meeting with the DEP to continue our discussions and obtain additional details.
We will update all of our members as soon as we have any new information. If you have any questions please contact Melissa Danko at 732-292-1051. If you would like more informaiton on the public access rules and the MTA/NJ's efforts to provide permanent relief for marinas, please visit www.mtanj.org and Click on Government Relations.
You can click on release to view it on the DEP website.
Public Access News & Information
The public access issue remains at the forefront of the MTA/NJ’s efforts as the NJDEP continues to attempt to mandate deed restrictions on permits, though the moratorium law prohibits them from doing so. The MTA/NJ is addressing these recent attempts and working to provide permanent relief for marine businesses. However, the MTA/NJ would like to hear from anyone that is working on an NJDEP application and being asked to provide public access as a condition of their permit. This would include any language regarding public access requirements that is written into a permit, proposed and/or discussed with an NJDEP representative. Please contact Melissa Danko at 732-292-1051 or mdanko@mtanj.org. All information is kept confidential.
S1553- Public Access & Marina Safety Taskforce Act
MTA/NJ Comments on NJDEP Public Access Rule Proposal, Jan. 1/12/07
MTA/NJ Comments on NJDEP Public Access Rule Proposal Amendments, 2/14/08
NJDEP Coastal Zone Management rules and Coastal Permit Program rules, N.J.A.C. 7:7E and 7:7; Public access amendments and new rules
NJDEP Coastal Zone Management rules, N.J.A.C. 7:7E-8.11 and 8A -Adoption of concurrent public access proposal
Editorial: New DEP rules to cause hardships for marinas, 6/14/07
Editorial: Marina owners seek balance between privacy and public access, 4/6/08
Marina Dock Age Magazine Article: Fighting for Everyone's Rights, Jul/Aug 2008, page 34
Abandoned Vessels Disposition Article
MTA/NJ Political Action Committee
The MTA/NJ PAC is a non-partisan, non-profit, political action committee formed to raise voluntary contributions to use in supporting candidates for state and local elective offices who share boating concerns and are sensitive to expanding the recreational boating business and opportunities.
The MTA/NJ PAC ensures members the opportunity to participate in the election and support of candidates who make decisions affecting our business and the New Jersey recreational boating industry.
MTA/NJ PAC Enrollment Form
2011 Redistricting Overview
Legislative Updates