NJ Land Conservation RallyMarch 7, 2009

Presented by Adele Keller & Mike Davenport, Monmouth Conservation Foundation and Jennifer DiLorenzo, Urban Coast Institute,

Monmouth University

Monmouth University Center of Distinction

Mission: To serve the public interest as forum for research, education, and collaboration that fosters the application of the best available science and policy to support healthy and productive coastal ecosystems and a sustainable and economically vibrant future for coastal communities.

CORE PROGRAMS

COASTAL LAW AND POLICY

COASTAL WATERSHED MANAGEMENT

COASTAL COMMUNITIES AND ECONOMICS

REGIONAL ECOSYSTEM MANAGEMENT

Promote ecosystem-based management for coastal communities to maintain natural resources for citizens to enjoy

Promote sound planning initiatives to preserve natural resources, reduce environmental degradation and improve water quality

Promote projects to increase resiliency—reduce flooding and impacts from coastal storms, erosion, and sea level rise

Sustainability DefinedSustainability, in a broad sense, is the

capacity of maintaining a certain process or state. It is now most frequently used in connection with biological and human systems. In an ecological context, sustainability can be defined as the ability of an ecosystem to maintain ecological processes, functions, biodiversity and productivity into the future.

Sustainable Coastal Communities

The most popular definition of sustainability can be traced to a 1987 UN conference. It defined sustainable developments as those that "meet present needs without compromising the ability of future generations to meet their needs"(WECD, 1987).

Robert Gillman, editor of the In Context magazine, extends this goal oriented definition by stating "sustainability refers to a very old and simple concept (The Golden Rule)...do onto future generations as you would have them do onto you."

SustainabilityDefinition: Meeting the needs of the present

without compromising the ability of future generations to meet their own needs.(USEPA http://www.epa.gov/Sustainability/)

Sustainable Coastal Communities links two important concepts: 1) that environmental protection does not preclude economic development and 2) that economic development must be ecologically viable now and in the long run.(USEPA http://www.epa.gov/Sustainability/)

UCI Sustainable Coastal Communities ProjectCommunity Support and VisioningWater Quality and Natural Resource ProtectionPlanning for “Green” Communities through

Green Teams—planning for land conservation, energy efficiency, water resources protection, environmental education

Open Space is limited in coastal communities and all avenues to increase open space are important

SustainabilityCommunity Support and Visioning

Water Quality and Natural Resource Protection

Planning to Create “Green” Communities–energy efficiency, environmental education, water conservation

Model Planning/Ordinances-Storm drain management, Nitrogen Ordinance

WATER QUALITY MONITORING

Readings are taken every 15 min and transmit once per hour to Monmouth, NJDEP and Stevens Institute

Keyport Harbor, Keyport Yacht Club

Navesink River, Oceanic Bridge

Shrewsbury River, Pleasure Bay Bridge

Shark River, Belmar Basin Marina

Manasquan River, Daymark 13 ( East of Rt 70 Bridge)

Barnegat Bay, Mantoloking Yacht Club

Barnegat Bay, Seaside Park Yacht Club

Barnegat Bay, Bonnet Island, Rt. 72

ResilienceDefinition: the ability of a system to respond

and recover from natural disasters

Factors influencing community resilience:

1. natural systems (e.g. wetlands) 2. building codes, construction practices, and elevation3. wealth, insurance, financial resources4. community outreach5. understanding risk

Resiliency/Sustainability Strategies for Coastal CommunitiesCommunity Understanding, Support, and Acceptance

Land Acquisition

No Adverse Impact

Model Ordinances1. Fill restrictions2. Lot coverage

Public Education on Sea Level Rise, hazards mitigation and planning

Land Conservation/AcquisitionIdentify and Prioritize coastal land sites for

the Public Trust, sustainable community and resiliency benefits

Identify site’s potential for conservation easements, public access, enforcement rights of access

Identify potential sources of funding-public/private

Public Trust Doctrine“By the law of nature these things are

common to all mankind – the air, running water, the sea, and consequently the shores of the sea. No one, therefore, is forbidden to approach the seashore, provided that he respects habitations, monuments and the buildings, which are not, like the sea, subject only to the law of nations.”

Justinian, Book II

Public Trust Doctrine (PTD)Seas and seashore constitute a common heritage

and should be open to all

Incorporated into English Law and the Magna Carta strengthened these public rights

In the U.S. PTD maintains public rights to lands under navigable waters and tidelands (all) and to the natural resources in them.

Public Trust Doctrine/Public AccessWhile the PTD differs between states, it generally

limits the rights of ocean front property owners below the mean high tide line.

Most states allow free access to the intertidal zone for walking, swimming, fishing, sunbathing, etc. and generally prevent private property owners from excluding the public’s access to the water below the mean high tide line.

Public Access Sites/ProjectSea Bright, NJ11 public access points7 have parking2 have restrooms2 are handicap accessible

There is ~ 19,430 linear feet of shoreline

~1943 feet between points

~3238 feet between points with parking

~9320 feet between points w/ parking, restrooms, and handicap accessibility

The Public Trust Doctrine today…MU Student project

The State as Trustee…

Enforcement of the Trust…

Access Sites in Violation of the Public Trust DoctrineNo SignageInsufficient Parking

Time limitationsSpaces shared with residential complexes,

shops, etc

No Public RestroomsNo Food and Drink No Trash ReceptaclesNo Public Access

Protect Trust RightsPurchase private beach clubs, shore front

lots (e.g. Takanasee Beach Club, Tradewinds, empty or unused lots – Monmouth Beach

Use federal CELCP funds; blue and green acres funds, TDR, and maritime working waterfronts funds to keep public access and preserve public trust

Coastal Zone Management Program

Reauthorization underway

Need to increase CELCP (Coastal and Estuarine Land Conservation Program) funding

Contact InformationJennifer DiLorenzo

Sustainable Coastal Community LiaisonUrban Coast InstituteMonmouth University

400 Cedar AvenueWest Long Branch, New Jersey 07764-1898

(732) 263-5567(732) 923-4649 (fax)

jdiloren@monmouth.eduwww.monmouth.edu/urban_coast_institute