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Can surfers use New Jersey beaches without paying for a beach pass?
The law is unclear on this issue. It also applies to fishermen who go to the beach not to sunbathe but to cast a line into the sea. Beach access was once again a topic of conversation after a California surfer was arrested at a Belmar beach for not having his beach badge on his wetsuit, even though he said it was on his beach bag.
State law requires the public to have access to the water and shoreline under the Public Trust Doctrine, a right of access to the shore that originates in Roman law. It means: “The public has the right to tidal lands and waters for navigation, fishing and recreational use, and furthermore, even land that is no longer submerged by the tide but has been artificially filled is considered public trust land and the property of the state,” the state charter states.
However, the state also states that municipalities can charge people money if they step on the sand.
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“A fee for the use of bathing and recreational facilities and safety features such as lifeguards, restrooms, showers and parking on public or private beaches or shore areas” is permitted, according to the state Department of Environmental Protection, which oversees beach access throughout New Jersey. “However, no fee shall be charged that applies exclusively to access to or use of tidal waterways and their shores.”
The Jersey Coast chapter of the Surfrider Foundation, a 40-year-old organization that promotes public beach access and coastal water protection, issued a statement on the Belmar incident.
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“Because we have no information about the events that led to the video clip, nor why police were involved in the first place, we cannot comment on the specifics of this individual situation,” the statement said. “However, we are monitoring the event and request that Belmar officials conduct an appropriate public debriefing to provide clarity on the incident and the authorities’ response.”
The Surfrider Foundation believes that “surfing is not a crime and that the world’s beaches are public resources that should be open, free, welcoming and safe for all people. We encourage all beachgoers to look out for one another to ensure the safety of all,” the statement concluded.
Liam Mahoney, 28, of Junction City, Calif., was charged with disturbing the peace, resisting arrest and obstruction of justice. He also received a ticket for violating a municipal ordinance for not having a beach pass on him, Scott said.
“The circumstances of the arrest are being thoroughly reviewed in accordance with established New Jersey Attorney General policies,” said Belmar Police Chief Tina A. Scott.
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Surfers who discussed the incident on Reddit forums and the NJ Surfers Facebook page said they often surf early in the morning or late in the afternoon during the summer season to avoid being on the beach when badge inspectors are present.
Nearly all beaches along the New Jersey coast restrict surfers, boogie boarders and anglers to certain areas of the beach during peak season to avoid conflict with swimmers, but rules vary from city to city.
Many beaches allow surfers and fishermen to access the sand without a pass. “Many are free if you have a surfboard,” said one Reddit user.
“Most places don’t care. I always just walk on the beach. However, you have to go straight to the water and you can’t really leave anything on the sand,” said another Reddit user.
Jean Mikle covers Toms River, Seaside Heights and several other Ocean County towns. She is also passionate about the Coast’s storied music scene. Contact her: @jeanmikle, [email protected].
