Coastal Access Cases

[Scared Silly]

Slightly off topic but interesting none the less: Lunada Bay surfer gang targeted by class-action lawsuit

 

[covediver]

Keep in mind that most access cases fall under a state's coastal zone management program to compel access as a requirement for a development permit. The fundamental case that went to the Supreme Court is Nolan v. California Coastal Commission. Also, most state's coastal plan make the distinction between "coastal dependent activities" to "coastal enhanced activities" when it comes to access. So check the CT coastal program requirements for public access. Since this is a public beach and access is being denied under local ordinance (or so it seems) this may be a matter of the so-called "police power" of local government to protect public health, safety, etc. Monterey, CA has restricted access around Cannery Row but not prohibited it entirely. The City of Laguna Beach had a petition to prevent diving from beaches on the grounds that divers trampled the marine life in tidal pools (never mind the horses which gallop down the beach).
You may also want to check a Maine Supreme Court Case from about six or seven years ago McGarvey v. Whittredge as it dealt with a definition of scuba diving in light of an antiquated law from colonial times that guaranteed access only for fishing, etc. As I recall, a later case may have modified the original decision.

 

[njdiver1]

How did you make out with your paper?

 

[agilis]

Riparian rights, in effect ownership of contiguous submerged land, often enters into the issue of public access and can negate any tidal zone concepts. This is certainly true in NJ, where some landowners have legal possession of property up to and well beyond the water's edge.

 

[njdiver1]

Not after beach restoration or replenishment.

 

[agilis]

Not after beach restoration or replenishment.

Bays and tidal rivers, primarily, but also parts of inlets. More than the ocean is involved in access issues.

 

[njdiver1]

Bays and tidal rivers, primarily, but also parts of inlets. More than the ocean is involved in access issues.

All tidelands are part of the Public Trust Doctrine. All navigable waters especially.

 

[agilis]

All tidelands are part of the Public Trust Doctrine. All navigable waters especially.

I agree. In theory. But as Lenin pointed out, theory is grey, but reality is a green living thing. Reality is often defined by the local police, about as far as the average fisherman, shell collector, or beachcomber is going to get. Things are improving in connection with access, though.

 

[lowviz]

...//... Reality is often defined by the local police, ...//...

No truer words...

And this is why I dive exclusively in Belmar. Back when the no parking signs were still up by the diver's entry, I asked a couple of cops in the parking lot (2:30 AM) how to access the entry. They said I could drop my stuff off, park by the ramp, and walk over. No hassle, actually very friendly. So I asked here on SB about the signs, now they are gone. Most convenient. Cops patrol that lot rather frequently, usually just get a polite wave.

Now I make sure that I gas up and get my food in town. Nice place, no need to look for better.

 

[njdiver1]

Check this out:

https://m.facebook.com/groups/81972..._t=like&notif_id=1466214599886074&ref=m_notif