Ocean City is a popular spot for surfers throughout the year. (Photos by Max Kelly)
Legislation has been introduced by state Assemblywoman Margie Donlon of Monmouth County that would officially prevent municipalities in New Jersey from requiring beach tags for people surfing and fishing if they are solely using the ocean.
Donlon, a year-round surfer, proposed Bill A4816 which states “a municipality shall not require a municipal beach tag or similar admission pass for access to the wet sandy beach below the mean high tide line, for a surfer or a fisherman for the exclusive purpose of surfing or fishing.”
Donlon’s idea for the bill sparked following a viral video of an incident on a Belmar beach this August, where a surfer is seen having a physical altercation and being arrested by police after refusing to provide a beach badge. The surfer was ultimately charged with disorderly conduct, obstruction of justice, resisting arrest, and also issued a ticket for lacking a beach badge.
The video caused debate about New Jersey beach badge laws pertaining to surfers and people fishing. However, Donlon said a 2019 Public Access Law signed by Gov. Phil Murphy already ensures free public access for use of the tidal waterways and ocean.
“When the incident in Belmar happened this summer, it showed that some of the municipalities were not applying the law universally,” Donlon said in an interview. “It seemed like there was enough confusion from the municipality that there needed to be some clarification.”
The goal of A4816 is to provide clarification and consistency across all municipalities in New Jersey moving forward, Donlon said. The bill was introduced by Donlon in September and has been assigned to the Assembly Tourism, Gaming and Arts Committee.
Vincent Grassi, a spokesman for New Jersey Department of Environmental Protection, said the beach badge fee system commonly used by beach towns comes from a 1955 Law that allows municipalities to charge fees to access public beaches if they supply beach-related amenities, services and maintenance.
Fees are determined and implemented at the local level, but the DEP’s Coastal Zone Management rules feature parameters on fees, Grassi said.
“The rules provide that a fee for use of bathing and recreational facilities and safeguards, such as lifeguards, toilets, showers, and parking, at publicly or privately owned beach or waterfront areas, may be charged in accordance with criteria set forth in the Coastal Zone Management rules,” Grassi said in a statement. “However, no fees shall be charged solely for access to or use of tidal waterways and their shores.”
For decades now, many shore towns have utilized beach tags as a way to generate income to provide beach-related services and amenities. In Ocean City, $6,237,000 in revenue was generated from beach tags this year. Sea Isle City pulled in a record of $1,727,000 in beach tag revenue this summer. Sea Isle Sets New Record for Beach Tag Revenue - SeaIsle News
Surfer Brian Liess rides the waves off 5th Street in Ocean City.Zach Hibbs, who lives in Linwood and surfs New Jersey’s beaches year-round, said he thinks municipalities requiring beach fees for people who are using the beach to lounge is fine in order to provide beach-related services. But he also believes that the ocean itself should be free for anyone to access.
“If you’re going to the beach to lounge, you’re on the sand, which seems like maybe that’s a little bit more city property,” Hibbs said. “When you’re surfing, you’re in the water, which to me seems more like it should be public access.”
Brian Liess, who has been surfing in New Jersey for more than 25 years, said he’s been asked for a beach badge many times while going on the beach just to surf. He said while he doesn’t mind buying a beach tag to hang out on the beach with his family, surfers should not need one just to access the water.
“I think the ocean is a natural resource that should be able to be used by everybody,” Liess said. “I don't think anyone owns it, and you shouldn’t have to pay to use it.”
Liess added that many surfers head down to the water with only their wetsuit and surfboard, leaving no possible place to put a beach badge without severely damaging their equipment.
“There’s times that I bike up here, I have my wetsuit on and I bring my board, that’s it,” he said. “So to have to bring a beach tag, it’s super inconvenient and there’s nowhere for me to leave it. There’s times where I've been really hassled about the beach tag.”
Surfer Michael McElwee uses the jetty to walk to shore in Ocean CityIf passed, Donlon’s bill would clear up any future confusion about ocean access for surfers and people fishing, regardless of whether a municipality requires beach badges. Donlon said the bill is currently receiving widespread and bipartisan support.
“I haven’t heard any legislators opposed to it,” she said. “We are reaching out to the towns in our district to see if there are any issues or suggestions. We’re all for public input at this point.”
Liess said if Donlon’s bill is signed into law, it would be a win and would make getting in the water much easier for the New Jersey surfing community.
“I think surfers would really appreciate it if we didn’t need to stress about coming down with a beach tag when all we’re showing up with is a wetsuit and surfboard,” he said.
