Coastal Sustainability and Resiliency through Land Acquisition

1. Coastal Sustainability and Resiliency through Land Acquisition NJ Land Conservation Rally March 7, 2009 Presented by Adele Keller & Mike Davenport, Monmouth Conservation Foundation and Jennifer DiLorenzo, Urban Coast Institute, Monmouth University

2. Urban Coast Institute 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.

3. Urban Coast Institute CORE PROGRAMS COASTAL LAW AND POLICY COASTAL WATERSHED MANAGEMENT COASTAL COMMUNITIES AND ECONOMICS REGIONAL ECOSYSTEM MANAGEMENT

4. Sustainable/Resilient Communities Projects 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

5. Sustainability Defined • Sustainability, 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.

6. 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."

7. Sustainability • Definition: 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/)

8. UCI Sustainable Coastal Communities Project • Community Support and Visioning • Water Quality and Natural Resource Protection • Planning 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

9. Sustainability • Community 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

10. 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

11. Resilience • Definition: 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

12. Resiliency/Sustainability Strategies for Coastal Communities • Community 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

13. Land Conservation/Acquisition • Identify 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

14. 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

15. 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.

16. Public Trust Doctrine/Public Access • While 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.

17. Public Access Sites/Project Sea Bright, NJ11 public access points7 have parking2 have restrooms2 are handicap accessibleThere 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

20. The Public Trust Doctrine today…MU Student project

21. The State as Trustee… Enforcement of the Trust…

22. Access Sites in Violation of the Public Trust Doctrine • No Signage • Insufficient Parking • Time limitations • Spaces shared with residential complexes, shops, etc • No Public Restrooms • No Food and Drink • No Trash Receptacles • No Public Access

24. Protect Trust Rights • Purchase 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

33. Coastal Zone Management Program • Reauthorization underway • Need to increase CELCP (Coastal and Estuarine Land Conservation Program) funding

34. Contact Information Jennifer DiLorenzo Sustainable Coastal Community Liaison Urban Coast Institute Monmouth University 400 Cedar Avenue West Long Branch, New Jersey 07764-1898 (732) 263-5567 (732) 923-4649 (fax) jdiloren@monmouth.edu www.monmouth.edu/urban_coast_institute