The new rules on public access pertaining to marinas as proposed and currently enforced by the state Department of Environmental Protection have significant impacts on marinas in New Jersey.

For some marinas, the proposed rules will make it impracticable to stay in business. The rules require any marina seeking to obtain a coastal permit for improvements and/or enhancements to their facilities to provide perpendicular and linear access to the waterfront that is accessible to the public at all times all year. The access is to be deed-restricted in perpetuity.

The Marine Trades Association of New Jersey has a number of documents from the DEP staff that clearly outline the amount of public access that was required of marinas applying for coastal permits, even prior to the posting of these rules.

Two DEP documents required a 10-foot walkway to extend the entire length of the waterfront area. Appropriate parking, including but not limited to cars and boat trailers, was also required. The DEP denied requests by the marina owner to provide alternative access to the public when it was physically impossible for the site to be reconfigured for the walkway.

The basis for these proposed changes to ensure access to our beaches and waterways is understandable. The marine trades industry appreciates the DEP's acknowledgment of the importance of boating and navigable waterways to the general public. Beaches, amusement piers and marinas, however, provide greatly different forms of public access and, therefore, cannot be subject to the same one-size-fits-all approach, as proposed in these rules.

Marinas are an essential part of our local waterfront communities that provide an accessible service to the general public. They provide public boat ramps, fuel service, supplies, slips, restaurants, boat maintenance, fishing access and more. They provide the important boating infrastructure and services that allow people seeking recreation on or near the water to safely begin, enjoy and end their excursions.

By definition, a marina already provides and preserves public access to the water. In order to do so, however, marinas must be able to reasonably control and manage their property. These proposed regulations undermine this ability and, in certain instances, take it away.

The care, custody and control of the marina, vessels, slip-holder property and attendant infrastructure is the responsibility of the marina owner and boat owner. The significant risk of injury in certain areas of a marina must be recognized.

Ensuring a safe environment for the general public now becomes a difficult task. The marina owner will need to provide additional infrastructure and security to control where the public goes when on site beyond the access area. The number of people is finite when accommodating customers and their guests. These regulations, however, provide no restrictions on the amount of people who will gain access.

At many marinas and boat yards, it is logistically impossible to secure or restrict access to hazardous areas while still providing a walkway and/or access along the entire length of the waterfront. Travel lifts and forklifts must access the water to transport boats and therefore cannot be relocated. Many dry docks are on the water's edge. This heavy machinery and equipment poses a significant risk of injury, both in use and not in use.

The rules make reference to "the quality of the experience" and "meaningful access." Therefore, it seems ridiculous to force a marina, a business that is already providing access, to deed-restrict its property, face safety and security issues and increased costs when a reasonable alternative that provides a better quality experience may be nearby and available to the public.

Current DEP rules are extremely difficult for small-business owners to comply with in order to upgrade or improve their properties. These new rules add new layers to the permitting process, requiring marina owners to seek additional professional services and increased costs. In addition, there are significant space constrictions for many marinas. Many of these businesses are just not able to physically provide the space required for additional walkways and parking.

Should the proposed rules be adopted, there are significant consequences that affect everyone who enjoys the waterways of New Jersey. Certain marinas will be forced or choose not to upgrade. Marinas will be discouraged from improving their facilities, resulting in a degrading marine infrastructure. This will ultimately result in the loss of even more access to the water for recreation and enjoyment.

For many marina operators, complying with this proposal would be the impetus they need to get out of the business altogether and sell to developers. This will further result in the loss of public access. This loss will forever change the quality of life and recreation for the citizens who boat, fish and play on the water and enjoy the charm of the Jersey coast.

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