ALL THE UGLY STUFF IN AND AROUND THE ROCKAWAYS
If you end up on this page below forget
about running for office!
HINT: Ignoring our e-mails, letters and phone calls, gets you listed here
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Common Ocean Hazards here in the Rockaways and other states
How Rip Currents Work
TIDES ONLINE |
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Under the public trust doctrine, anybody has an unassailable right to access and use the waterfront for traditional purposes such as navigation, commerce, and fishing. On so called private beaches we have at least 10 feet of dry sand beyond the water line, anywhere along the coast. Any efforts to restrict access to our beaches are simply unacceptable. Those who do so should be dealt with as the lawbreakers they are.
The millions of federal tax dollars spent to rebuild our beaches further obligates coastal towns to provide ready public access to the sand and surf.
For those private home owners, condo developers and others who tried to sell our rights' BE WARNED. ...
PICTURES ON THIS PAGE OF ILLEGAL FENCES
In an effort to deny the public its right to reasonable access to the waterfront, illegal fences have been placed both parallel and perpendicular to the ocean, and in the most egregious instances, these fences extend well out into the surf !!!
The beaches we have in mind have been accessible to the public for as long as anyone can remember. One day you’re strolling along the beach, and
then the next day you’re running up against these illegal fences. Are you now a lawbreaker if you try to exercise the same rightful access to the beach you enjoyed the day before?
Let’s examine this issue; In order to erect such fencing along these beaches, permits would have to be filed with, and approved by, the
appropriate state and local agencies before they ever went up. In order for the permit to be granted, a compelling case for the protection of endangered species and/or sand dune ecologies would have to have been made ... not simply to keep the public out.
Let's not lose our focus here - this is a beach, not inland property. These fences have actually been placed so that they submerged at low tide. These fences pose a hazard
for anyone attempting to walk, swim, surf, scuba dive, or navigate a watercraft. Should a diver, swimmer or fishermen be in need of emergency medical attention, every second counts.
The ocean does not understand the meaning of fences or floating docks. Winds, tides, waves, storms and associated changes in beach morphology have no respect for man’s attempt to fence in these most awesome forces of nature.
We who have grown up on these beaches came to respect the ocean at a very young age…we have also witnessed the tragedy
that befalls those who do not!!!
These fences are a hazard to us all.
"As placed, these fences are clearly a people fence and is not intended to build or enhance dunes." These beaches like many others here in the Rockaways have no life guards and are in need of permanent life lines to save lives.
For generations, this spot has been a training ground for beginner scuba divers from NYC, Long Island and surrounding states. Its reputation extends far and wide, wherever divers gather.
Who can imagine how many master divers earned their stripes here? Many of the scuba divers invited here now are charged a large fee, and don't understand what happened
here. These new divers have no understanding or respect for the great tradition of this special locale. Those that did figure it out have left this area for another.
This fenced in area is not a scuba
shop. Many dive trainers and dive clubs, left this place because of the person running the establishments private attitude, his high fees and the dangerous fact that he built an illegal cement ramp for boaters and jet skis and closed off the beaches with high fences.
Common sense tells you that in case of an emergency every second counts here, and with all these negatives, it's only a matter of time before someone gets hurt or killed here.
Divers, watch for jet ski, boat traffic and currents.
Only a select few dive clubs and teachers come here for a big fee that they tact on to the new students or members. These students return here after certification only to find this site closed or even if opened, there is always danger of divers being hit by
boaters pulling up to a very small and narrow floating ramp and all the time jet skis zooming over head.
These fences do not serve a compelling public purpose that is, providing benefits to the
public as a whole as opposed to individual or private interest. You need people here, you need easy free access to these beaches so life guards and fire and emergency crews can easily make it in should an emergency situation arise for a diver, swimmer, boater or fishermen. ...
Even if you never used these beaches, a lot of us did, and this can happen to you
next time you visit your favorite spot just to find it fenced off to the
public.
Private/public doesn't matter here, this was always a beach and the more people
sitting on its shore, the more the help should their be an emergency.
| PUBLIC WATERFRONT ACCESS
This page was created to help our communities maintain public access to the shoreline. One of the methods used to preserve access is the "preamble" or walk. Encourage your friends, relatives and elected officials to walk the shoreline to preserve access.
Always know that we have at least 10 feet after high tide mark for recreational uses.
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Fencing off beaches either limits or eliminates beach access. Even temporary they cause more erosion, maintenance and public access problems then they prevent.
Please bookmark and remember this website and what we stand for and come
back and join us. We aren't going anywhere… Queens Public Beaches
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New Jersey & New York Public Trust Doctrine
The Public Trust Doctrine is a legal precedent dating back to Roman times. It holds that navigable rivers, streams, wetlands, seashores and bays belong to the people.
The Doctrine declares that all of us have an unassailable right to access and use the waterfront for traditional purposes such as navigation, commerce, and fishing. A growing body of U.S. case law has expanded that definition to include the assurance of diverse recreational
uses, as well as a guarantee of the protection of habitats and natural systems.
According to the evolving body of modern law defining the Public Trust Doctrine, government – especially state government- acts as a public trustee. Under the Doctrine, states must ensure and protect the public's right to freely access, use, and enjoy navigable waters and
the lands beneath them.
A Secret Weapon for Environmental Activists
The Public Trust Doctrine has been referred to by some legal experts as a secret weapon for environmental action. It gives activists a tool with which to challenge legislative and administrative decisions harmful to rivers and bays.
The single most important feature of Public Trust law is its ability to override prior legal claims. As a result, water rights that are demonstrably harmful to a navigable river or estuary can be set aside by application of the Doctrine, regardless of how old those prior
claims may be. Thus the rights claimed by developers denying access or polluters preventing fishing are superceded by the Public Trust Doctrine.
It's important to note that the Public Trust Doctrine says that the tidal waters, waterfront resources, and wetlands held by the states in trust for the people even include lands that are privately owned. While the state can lease or sell tidally flowed lands, it can never
sell the public's rights in those lands; and, indeed, is duty bound to take steps to protect those rights. Another key point: the jurisdiction of the Public Trust Doctrine generally extends to all lands below the historic mean high tide line. This means that bulk headed lands, or wetlands and tidal areas filled-in at any time in the
past are protected under the Doctrine.
New Jersey & New York Public Trust Doctrine
"Click on the link above for more information on the PTD"
FOR MORE PICTURES OF THE EAST END OF THE ROCK CLICK HERE!!!!
John Giovanni
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Violation of public shoreline rights, high
razor wired fences and locked gates. ...
REMEMBER- We are not looking for free beaches. We do not want to trespass on private property. We do not want to stop people from building new homes.-WE SIMPLY WANT THE RIGHT TO CHOOSE WHERE WE WANT TO GO TO USE OUR NATURAL RESOURCES.
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It's through the action of local citizens that areas like this will be reclaimed.
Increasing public access to fishing and swimming is
A Better Public Rockaway goal. |
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Division of Code Enforcement and Administration |
Office of NYS Attorney General Eliot Spitzer
"State law prohibits any obstruction, barrier, restraint, or interference with the use of the public easement, including the placement of structures seaward of the landward boundary of the easement.
STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR OTHER APPLICABLE EASEMENT
BOUNDARY) OR THAT BECOME SEAWARD OF THE VEGETATION LINE AS A RESULT OF NATURAL PROCESSES ARE SUBJECT TO A LAWSUIT BY THE STATE OF NEW YORK TO REMOVE THE STRUCTURES." |
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Goals of the Beach Access and Dune Protection Program
The Beach Access and Dune Protection Program is designed to:
1.Help beachfront property owners and local governments maintain a healthy beach/dune system.
2.Assist local governments in managing the New York coast so that the interests of both the public and private landowners are protected.
3.Reduce the erosion of public beaches and discourage erosion-response methods such as rigid shorefront structures that can have a harmful impact on the environment and public and private property.
4.Reduce flood losses and minimize loss of life and property.
5.Protect the public's right of access to, use of, and enjoyment of the public beach.
6.Ensure timely and predictable governmental decision-making and permitting processes.
7.Educate the public about coastal issues.
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| "The Brown Act"
The taking or closing of public land and beaches from the public with out the publics consent is flat out WRONG!!! All town business should be
open to the public. Rockaway's care takers are and for the longest time have been in violation by allowing a certain few to fence off public beach property down into the water and call it private. |
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The Brown Act requires Public Meetings before Public Land is closed or used for any purpose other then what it is presently being used for. There shall be no man-made obstructions or barriers in the nature of ropes, chains, concrete walls or fences of any type within the set-back areas
to keep the public out. The
Brown Act also protects Public Land from closing and illegal seizure!!!
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"The Best Defense is a Good Crowd of Friends"
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"Fisherman vs. Private Attitude"
Fisherman in this area are outraged at not being able to fish an area that is public and was fishable for many centuries.
It isn't enough their fishing beach was blocked by these fences, but now they are also being chased off of the public jetty. A floating dock was placed to block
their fishing spots with
more docks in the works. Did the person who placed these fences up ever get a permit for them or the floating dock??? Public meeting??? We are looking into this and other wrong doings in this area. So far we have the person running the establishment, the NYC Parks Department and the NYC Police
who have been giving fishermen tickets for fishing on the jetties. |
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There is a New Fishing Club forming here in this area so they can have a voice in their community. Here are a few things they are working on, one being the taking down of these fences above, another being access facilities that Afford Fishing Opportunities for the
Handicapped, with limited assistance here in this area as it is closest to the water making it easy for the handicapped to fish. Check back here for more information!!! |
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Handicap Accessible Fishing Charters
We recommend the "Captain Gillen II" sails daily from Captree State Park, New York and their vessel is handicapped accessible. We know of two other vessels that are accessible as well, they are the Northern Lights http://www.northernlightsfishing.com
Capt. Bob Rochetta, and "Hydrotherapy" Capt. Tony Ciravolo captvolo@aol.com AUSSIE BEACH WHEELCHAIR |
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FOR MORE PICTURES OF THE EAST END OF THE ROCK CLICK HERE!!!!
Local complaints for the Rockaways click here!
Community Board 14
The Rockaway's, Rockaway Point, Breezy Point, Roxbury, Neponsit, Belle Harbor, Rockaway Park, Seaside, Broad Channel, Hammels, Sommerville, Edgemere, Arverne, Bayswater, Wavecrest, Far Rockaway, Rockaway Beach
19-13 Mott Avenue Far Rockaway, NY 11691
(718) 471-7300 Fax: (718) 868-2657
Monthly meeting: 2nd Tuesday
It is rare today to pick up a newspaper and NOT
read something pertaining to beach access! |
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Shoreline Setback Area
The shoreline setback area is the area between the shoreline and the shoreline setback line. Currently, most shoreline setback lines are set at 40 feet from the shoreline, although in some places the Shoreline Setback boundaries extend further inland. The Counties have the authority to set deeper setbacks. Structures or
portions of a structure are not permitted in the shoreline setback area without a variance. Variances may be granted for specified structures or activities including private facilities or improvements. No variance shall be granted unless appropriate conditions are imposed:
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To maintain safe lateral access to and along the shoreline or adequately compensate for its loss;
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To minimize risk of adverse impacts on beach processes;
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To minimize risk of structures failing and becoming loose rocks or rubble on public property;
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To minimize adverse impacts on public views to, from, and along the shoreline.
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WHAT IS EMINENT DOMAIN ABOUT?
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States and localities and the federal government have the right of "eminent domain", which means they can condemn and force the sale of private property for public purposes (see our section on Comdemnation).
For example, the government condemns a block of homes because they need the property to build an interstate highway. An individual’s rights are subordinate to the government. When private property is taken by the government, the owner is entitled to receive just compensation for his property.
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New York State Public Land Law, Sec. 75 (7)(a) on grants of lands under water provides that: "In making any grant, lease, permit or other conveyance, the commissioner of general services shall, upon administrative findings, and to the extent practicable, reserve such interests or attach such conditions to preserve the
public interest in use of state-owned land underwater and waterways for navigation, , commerce, fishing, bathing, recreation, environmental protection and access to the navigable waters of the state, with due regard for the need of affected owners of private property to safeguard their property."
New York State Canal Law, Sec. 138-c(1)(c) on preparation of a Canal Recreation way Plan for the State's Canal System provides that the plan shall include: "...provisions which protect the public interest in such lands and waters for purposes of commerce, navigation, fishing, hunting, bathing, recreation and access
to the lands and waters of the state, and otherwise encourage increased public access through the establishment of parks, scenic by ways and recreational trails on the canal system."
New York State laws (N.Y. Envtl. Conserv. Law §43 and N.Y. Exec. Law §42) and regulations (N.Y. Comp. Codes R. & Regs. tit. 6, §505 and N.Y. Comp. Codes R. & Regs. tit. 19 §600) define beach nourishment as a structural erosion protection measure that requires a permit.
PTD Project
Government Law Center
Albany Law School
80 New Scotland Ave.
Albany, New York 12208 U.S.A.
Tele: 518 455-2329 Fax: 518 455-2303
E-mail: lbusc@mail.als.edu |
 Public Trust Doctrine - A Gift From A Roman Emperor
The next time you're strolling down the beach, thank an emperor for the right to do so. Unless you're in Maine or Massachusetts. Then blame the colonial authorities for giving away this gift of the emperor.
Roman Emperor Justinian, in 530 A.D., gathered together his top legal scholars and ordered them to put in writing all of the laws of the Empire. Thus, the "Institutes of Justinian," the body of Roman civil law, were written. Tucked away in these numerous volumes covering every aspect of Roman life
and commerce, was the provision that "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, was forbidden to approach the seashore. Over the next millennium, Rome fell and the western European countries rose. But the civil law of
Rome, the Institutes, formed the basis of law for many of the European countries. Most important from an American perspective, the law of England adopted much of the Roman civil law, recognizing the public nature of tidelands and waters, and giving them protection in the name of the King for the use of all English subjects.
As the Kings of England granted charters to the colonies, the English law of public shore lands came to America. With the only true highways for commerce being the rivers, bays, and open ocean, nearly all commerce depended upon ships, wharves, and harbors. Free use of the shore lands and waters was
imperative, not only for commerce, but also for sustenance and survival. Early court records are replete with the colonists using the shores for hunting; fishing; swimming, bathing and washing clothes; beaching their boats; collecting sedge, seaweed and shellfish; cutting ice; watering their cattle; preparing flax; and as a clear passage
for walking, riding horses, or driving carriages from cabins to town.
So important were the shore lands to the colonists, that when the thirteen colonies formed the Union and granted to the new federal government vast expanses of land known as the Northwest Territory, the 13 states kept the shore lands under their control. As the next 37 states entered the Union, they did so
on an "equal footing" with the original 13, and they, too, gained control over their shore lands. The shore lands were now given protection, in the name of the state, for the use and enjoyment of the public, both living and future generations. These rights of the public to the shore lands and waters are known today as Public
Trust rights, and the shore lands and waters known as Public Trust lands and waters. States hold these lands and waters, not as they "own" upland for state parks or forests, but in trust for the benefit of the public. Hence the name Public Trust Doctrine.
So today, thanks to Emperor Justinian, you can stroll down the beach and enjoy your trust rights just about everywhere in the United States, including the five U.S. territories and commonwealths -- the Virgin Islands, Puerto Rico, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands. The
exceptions are Massachusetts and Maine.
In these two areas the need for wharves became the critical factor. The shore lands of the Colony of Massachusetts (which included what is now Maine), sloped so gently, and had such vast mudflats, that long wharves had to be built in order to reach water deep enough for the trading ships to dock. Without
such lengthy docks and wharves, commerce was strangled. But the colonial coffers were empty, consequently the Massachusetts colonial government couldn't build them at public expense. So to encourage private citizens to build them, the common law of England was altered in 1641 and again in 1647 by a colonial ordinance, providing that the
owner of waterfront land owned not just to the high water mark of the beach, but to the low water mark--which in Massachusetts could be a great ways out. The public still had some rights on the privately owned shores, according to the ordinance, but these rights were limited (and remain so today) to "fishing, fowling, and
navigation." Thus, in Massachusetts and Maine, you can stroll down the beach with a fishing pole or shotgun in hand (if you have the proper licenses), but not your granddaughter's hand in hand.
But, just about anywhere else in the United States, with some limited exceptions of other "private beaches", one can stroll the beach at ease, just as long as you stay on the beach and don't trespass on the landward private property. With the proper fishing license, you have the right to fish from
shore. You can swim from the beach, sail your boat over the waters, collect shells, or just collect your thoughts. You can't trespass over private land to get to the beach, but once there, these are the Public Trust rights of every member of the public in the United States.
For further information, contact David C. Slade, Esq. 12211 Roundtree Lane, Bowie, Maryland, 20715,
Phone: (301)464-6473, E-mail: scf@netrail.net.
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