NJ: Open Ocean Grove beach access on Sunday summer mornings or get fined $25K a day

NEPTUNE - A state agency issued an administrative order telling the Ocean Grove Camp Meeting Association it has to open access to the beach from the boardwalk on Sunday mornings in the summer or risk a $25,000 fine each day.

Michael Badger, president of the Ocean Grove Camp Meeting Association, said the order from the state Department of Environmental Protection is "intended to interrupt" the association's previous request for a judge to issue an injunction forbidding people to cross over those boardwalk barriers.

He added that the order "is based upon their permit issued for the maintenance of the dunes and beach in Ocean Grove" and the camp meeting association has asked for a meeting to discuss "the beach maintenance permit" with the DEP on Thursday.

See a full copy of the administrative order and the association's injunction request at the end of this story.

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In August, the state Department of Environmental Protection issued a warning to the association stating it cannot limit access to its beaches on Sunday mornings, which the group said it does as a "quality-of-life-benefit" to the community. A chain blocks access to the stairs leading to the beach from the boardwalk on Sunday mornings from Memorial Day weekend through Labor Day weekend.

The DEP’s Bureau of Coastal and Land Use Compliance and Enforcement sent a warning letter to the association informing it that the Sunday morning closures of the beach violate state regulations regarding beach access to sand and surf.

But the association continued to do so, prompting a group of residents opposed to the closure to show up anyway, beach chairs in hand. Subsequently, a counter-protest in support of the association began.

Ocean Grove was created in 1869 by Methodist clergymen and is noted for its Victorian-style homes and the Great Auditorium, which frequently attracts religious gatherings. It is commonly known by the nickname "God's Square Mile." It is part of Neptune Township, but the Ocean Grove Camp Meeting Association owns all the land except for the streets.

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The violation according to the state is failure to comply with the Coastal Area Facility Review Act (CAFRA), which states, "The permittee cannot limit vertical or horizontal public access to any dry sand beach area covered under this permit nor interfere with the public’s right to free use of the dry sand for intermittent recreational purposes connected with the ocean and wet sand."

The activities involve the use of chain and padlock barriers to prevent public access to the beach between the hours of 9 a.m. noon on Sundays from May through September.

On Sept. 14, the association was issued a Notice of Violation. On Sept. 25, an attorney representing the association denied that the association was in violation of its approved permit.

On Oct. 2, the association filed a Complaint for Declaratory Judgement and Permanent Injunctive Relief in state Superior Court in Monmouth County. In its complaint, the association requests a declaration that the Sunday morning beach closure “is a valid and lawful practice that satisfies the public interest of reasonable access to the sea and a lawful accommodation of the interest of plaintiff” and seeks a permanent injunction prohibiting members of the public from entering the beach during the hours.

The complaint references neither the notice of violation, nor the requirements of the CAFRA permit, according to the administrative order.

According to the administrative order, on Oct. 5, that state sent an email to representatives of the association and "to date there has been no response to this communication."

However, on Oct. 6, the state became aware of a statement by the association to the press that stated, “the court would clarify the property rights and access concerns being discussed between the NJDEP and CMA.”

The order is a moot point for now, Badger said, since the closures only take place during the summer season from Memorial Day until Labor Day.

If the state finds a person in violation of any provision of the Coastal Area Facility Review Act, or of any permit, code, rule regulations, or order promulgated or approved, the DEP may assess a civil penalty of $25,000 per day. Each day during which the violation continues constitutes an additional, separate and distinct offense.

Ocean Grove Administrative Order by Dennis Carmody on Scribd

OGCMA complaint by Dennis Carmody on Scribd

Charles Daye is the metro reporter for Asbury Park and Neptune, with a focus on diversity, equity and inclusion. @CharlesDayeAPP Contact him: CDaye@gannettnj.com

This article originally appeared on Asbury Park Press: New Jersey orders Ocean Grove group to open beach access or risk fine