Do Jersey Shore surfers, fishermen need beach badges? Law is not always clear

Can surfers use New Jersey beaches without paying a beach badge fee?

The law is murky on this issue, which also applies to fishermen who go to the beach not to sunbathe, but to toss a line in the sea. Access to the beach has again been a topic of conversation after a California surfer was arrested on a Belmar beach after not displaying his beach badge on his wetsuit , although he said it was on his beach bag.

State law requires that the public have access to the water and shoreline under the Public Trust Doctrine, a right to access the shore that originates in Roman law. It means “the public has the right to tidal lands and waters for navigation, fishing and recreational uses, and, moreover, that even land that is no longer flowed by the tide but that was artificially filled is considered to be public trust land and the property of the state," according to state statute.

But the state also says that municipalities can charge people to step on the sand.

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"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" is allowed, according to the state Department of Environmental Protection, which monitors beach access throughout New Jersey. "However, no fees shall be charged solely for access to or use of tidal waterways and their shores."

The Jersey Coast chapter of the Surfrider Foundation, a 40-year-old group that fights for public access to the beach, and also for preservation of coastal waters, issued a statement about the Belmar incident.

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“Since we do not have any information about the events leading up to the video clip and why the police initially became involved, we cannot comment on the specifics of this individual situation,” the statement said. “However, we are monitoring the event and encourage Belmar officials to provide a proper public debrief to provide clarity about the incident and the authorities’ response.”

The Surfrider Foundation believes that “surfing is not a crime and that the world’s beaches are public resources that should be open, free, welcoming to, and safe for all people. We encourage all beachgoers to look out for each other to keep everyone safe,” the statement concluded.

Liam Mahoney, 28, of Junction City, California, was charged with disorderly conduct, resisting arrest and obstruction of justice. He was also issued a ticket for violating the municipal ordinance for not having a beach badge, Scott said.

“A thorough review of the circumstances of the arrest will be conducted, in accordance with applicable New Jersey Office of the Attorney General guidelines,” Belmar Police Chief Tina A. Scott said.

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Surfers who discussed the incident on Reddit forums and on the NJ Surfers Facebook page said they often chose to surf early in the morning or later in the afternoon in the summer season, to avoid being on the beach when badge checkers are present.

Almost all Jersey Shore beaches limit surfers, boogie boarders and fishermen to specific parts of the beach during the busy beach season, so as to minimize conflicts with swimmers, but the policy varies by town.

Many beaches also permit surfers — and fishermen — to access the sand without a badge. "A lot let you on free if you have a surfboard," one Reddit user said.

"Most places don’t care. I always just walk on the beach. However, you’re supposed to walk straight to the water and you’re not technically allowed to leave anything on the sand," another Reddit user said.

Jean Mikle covers Toms River, Seaside Heights and several other Ocean County towns. She's also passionate about the Shore's storied music scene. Contact her: @jeanmikle, jmikle@gannettnj.com.

This article originally appeared on Asbury Park Press: Do Jersey Shore surfers, fishermen need beach badges? Law is not always clear