13:1D-154 Public access to marinas.

5. a. For any application for a permit or other approval to be issued by the Department of Environmental Protection pursuant to the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.), R.S.12:5-3, "The Wetlands Act of 1970," P.L.1970, c.272 (C.13:9A-1 et seq.), the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), or the State's implementation of the "Coastal Zone Management Act of 1972," 16 U.S.C. s.1451 et seq., involving a marina in existence on the date of enactment of P.L.2019, c.81 (C.13:1D-150 et al.), if the regulated activity that is the subject of the application is on the marina property, the department shall require that the existing degree of public access to the waterfront and adjacent shoreline be maintained. If the regulated activity affects or diminishes public access on the marina property, the department shall require equivalent access as a condition of the permit or other approval. Equivalent public access includes access that allows the opportunity to participate in the same activities in the same manner, by the same number of people as the existing public access. If no public access is provided to the waterfront and adjacent shoreline prior to application for a permit or other approval, the department shall not impose new public access requirements to the waterfront or adjacent shoreline as a condition of the permit or other approval. However, if the application includes property on which there is a beach, including any application involving marina property that provided no public access prior to the application, the department shall require public access to the beach and the public's use of the beach as a condition of the permit or other approval, and activities that have the effect of discouraging or preventing the exercise of public trust rights shall be prohibited.

b. (1) For any application for a permit or other approval to be issued by the Department of Environmental Protection pursuant to the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.), R.S.12:5-3, "The Wetlands Act of 1970," P.L.1970, c.272 (C.13:9A-1 et seq.), the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), or the State's implementation of the "Coastal Zone Management Act of 1972," 16 U.S.C. s.1451 et seq., for the development of any marina property that proposes to increase the existing developed area, which includes buildings and areas covered by asphalt or other paving, by at least 50 percent, or that proposes the development of property that is not within the parcel containing the existing marina development, the applicant shall provide to the department a public access plan that identifies:

(a) a site plan with the location and type of public access to be provided;

(b) any areas to be closed to public access because of permanent obstructions or risks due to hazardous operations where no reasonable measures can be taken to avert those risks;

(c) an explanation of the specific risks and hazards in the areas closed to public access with a description of the areas where public access is enhanced, or where public access is to be provided offsite, to compensate for the area closed due to permanent obstructions or risks due to hazardous operations; and

(d) the operating hours of the marina.

The department shall require, as a condition of the permit or other approval, public access to the waterfront and adjacent shoreline, as identified in the public access plan and approved by the department, during the marina's operating hours.

If the application includes property on which there is a beach, the department shall require public access to the beach and the public's use of the beach as a condition of the permit or other approval, and activities that have the effect of discouraging or preventing the exercise of public trust rights shall be prohibited.

(2) After a public access plan has been approved by the department pursuant to this subsection, any changes to the public access plan shall be submitted to the department for review and approval, even if a modification to the existing permit or other approval is not otherwise required. The applicant shall submit to the department a copy of the approved plan, the proposed changes to the plan, and information that details how the proposed changes affect the approved plan. If the proposed changes reduce the public access already provided pursuant to the public access plan, the applicant shall be required to demonstrate that the proposed public access reduction is offset by other changes to the public access plan.

c. For the purposes of this section, public access includes visual and physical access and includes the following in any combination, as appropriate:

(1) a public accessway designed in accordance with rules and regulations adopted by the department, located parallel to the shoreline with perpendicular access to it;

(2) a boat ramp, pier, fishing pier, other facilities, or other direct access to the waterway;

(3) a waterfront pocket park;

(4) public restrooms to accommodate those using the public access; and

(5) additional public parking to accommodate those using the public access.

d. The department shall consider, when determining if public access is sufficient or appropriate, the type of public access available or needed within the area, the compatibility of the proposed public access with the applicant's proposed use of the site, the square footage of the public access area, and the environmental impact or benefit of the proposed development.

L.2019, c.81, s.5.