A late summer confrontation between a surfer and a Belmar police officer put Jersey Shore beach badges in the national headlines. There are two sides to every story of course, but in a nutshell, a surfer was asked by Belmar police to show his beach badge for accessing the surf, to which the surfer allegedly responded how he “did not need a beach badge as access to the beach is free if you surf.”
The Belmar special officer reportedly told the surfer about Title 40 of New Jersey state law that says surfers can be charged to enter the beach, at which point things apparently went south pretty fast. The surfer mouthed off to the cop, who in turn wrestled the bigmouth to the ground for not obeying commands, and before you know it, everyone’s taking sides while another police officer tasked with following state and town ordinances once again ends up looking like the bad guy.
Whenever there are two sides to a story, there’s typically a middle ground for reasonable discussion, which thankfully has come in the form of Assembly Bill No. 4816 introduced by Assemblywoman Margie Donlon of District 11 in Monmouth County. A-4816 would effectively prohibit the beach tag requirement for surfers and fishermen when accessing the beach below the mean high tide line.
George Browne is active member of the Berkeley Striper Club, Jersey Coast Anglers Association and New Jersey Beach Buggy Association, and is a staunch advocate for beach access rights. He’s been following this issue from the start and has been instrumental in ensuring that surfcasters be included with surfers in this ongoing legislative effort to provide public access to the high tide line. In a letter circulated by various fishing clubs and tackle shops, Browne reminds us all of the Public Trust Doctrine which grants the public’s right to tidal lands and waters for navigation, fishing, and recreational uses.
In his letter Browne writes, “We are not asking to put a chair or blanket on the dry sand above the high-tide line. We are not asking that fishing and surfing be allowed outside of designated areas when the beach is open during the summer. All we are asking for is access, free of charge, to the water below the high-tide line for the exclusive purpose of surfing or fishing. Some municipalities already provide that type of access while others do not. This bill is based on the provisions of the Public Trust Doctrine and would provide a uniform approach to beach access for fishing and surfing.”
The concept of the Public Trust Doctrine has been around since Roman times, when res communes omnium or “things held in common by all” officially set aside some areas as not subject to private ownership. It is the very foundation of the American principle that the high tide line is common property and freely accessible to all.
Yes, New Jersey state law allows municipalities to charge fees, but those fees, by law, must be reasonable and based on costs associated with beach maintenance and services provided. Surfers and surfcasters arguably do not require those services along the beach; that hot, dry sand where summer beach-goers spread their blankets and chairs is simply a transitional zone for those of us who only wish to get to the ocean, which the U.S. Supreme Court has previously upheld as preserved under the public trust.
So what can you do? Go to www.njleg.state.nj.us to find your state assembly reps and call the office to ask two simple things. First, ask that they support passage of A-4816, and then see if they’ll consider signing on as cosponsors of the bill. You can also write your district office using Browne’s letter as a template by visiting berkeleystriperclub.org/beachbadge. Next up would be a Senate version of the bill, and hopefully legislative movement on this Public Trust Doctrine protection in 2025.
