New York Beach Access

"Access to the publicly owned foreshore and to lands immediately adjacent to the foreshore or the water's edge that are publicly owned shall be provided and it shall be provided in a manner compatible with adjoining uses. [...] The following guidelines will be used in determining the consistency of a proposed action with this policy:

1. Existing access from adjacent or proximate public lands or facilities to existing public coastal lands and/or waters shall not be reduced, nor shall the possibility of increasing access in the future from adjacent or nearby public lands or facilities to public coastal lands and/or waters be eliminated, unless such actions are demonstrated to be of overriding regional or Statewide public benefit or, in the latter case, estimates of future use of these lands and waters are too low to justify maintaining or providing increased access.
   
2. The existing level of public access within public coastal lands or waters shall not be reduced or eliminated.
   1. A reduction in the existing level of public access includes, but is not limited to, the following:
      1. Access is reduced or eliminated because of hazardous crossings required at new or altered transportation facilities, electric power transmission lines, or similar linear facilities.
         
      2. Access is reduced or blocked completely by any public developments.
3. Public access from the nearest public roadway to the shoreline and along the coast shall be provided by new land use or development, except where (a) it is inconsistent with public safety, military security, or the protection of identified fragile coastal resources; (b) adequate access exists within one-half mile; or (c) agriculture would be adversely affected. Such access shall not be required to be open to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway.
   
4. The State will not undertake or directly fund any project which increases access to a water-related resource or facility that is not open to all members of the public.
   
5. In their plans and programs for increasing public access, State agencies shall give priority in the following order to projects located: within the boundaries of the Federal-Aid Metropolitan Urban Area and served by public transportation; within the Federal-Aid Metropolitan Urban Area but not served by public transportation; outside the defined Urban Area boundary and served by public transportation; and outside the defined Urban Area boundary but not served by public transportation.
   
6. Proposals for increased public access to coastal lands and waters shall be analyzed according to the following factors:
   1. The level of access to be provided should be in accord with estimated public use. If not, the proposed level of access to be provided shall be deemed inconsistent with the policy.
      
   2. The level of access to be provided shall not cause a degree of use which would exceed the physical capability of the coastal lands or waters. If this were determined to be the case, the proposed level of access to be provided shall be deemed inconsistent with the policy."

• Policy 9 - Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Long Island Sound coastal area.

• Public access can be improved by enhancing existing public access or by establishing new public access. Opportunities exist to establish: public open spaces on the waterfront which allow a wide range of recreational uses, waterfront recreation facilities and features to attract people to the waterfront, or an access circulation system that links waterfront areas and the business district to the waterfront.
• Public access on the Sound shore can be increased by creating a system of greenways and blueways to link public recreation and access areas.

• Complete a coastal network of community and regional greenways and blueways that link public waterfront access points, the foreshore, the nearshore surface waters, and large and small public parks and open spaces to improve access to the coast and to coastal recreation facilities.
  
• Maintain the public interest in public trust lands along the Sound coast by identifying these lands and ensuring that all private use of these lands comports with the public trust doctrine.
  
• Reassert public trust rights on public trust lands that are used in a manner that is incompatible with the public trust doctrine.
  
• Develop educational materials to inform the public and local governments on coastal resources and issues that affect the wise management and use of those resources.
  
• Prepare and distribute a guide to public access and recreational areas and facilities for the Long Island Sound region.

The National Ocean Economics Program (NOEP) provides a full range of the most current economic and socio-economic information available on changes and trends along the U.S. coast and in coastal waters. You can download data on jobs and GDP associated with specific types of coastal activities for each coastal state. You also can download data on commercial fishing and landings. The NOEP made public their fully updated Non-Market Valuation Web site in September 2008. The largest database in the world of studies documenting the environmental and recreational values of ocean resources, the Web site now includes 1) an updated methodologies section, 2) frequently asked questions, 3) examples of how Non-Market valuation influences public policy, and 4) an expanded table summarizing valuation estimates from across the United States. The National Ocean Economics Program has now released State of the U.S. Ocean and Coastal Economies - 2009, which presents time-series data compiled over the past 10 years that track economic activities, demographics, natural resource production, non-market values, and federal expenditures in the U.S. coastal zone on land and water. The report states that coastal states account for more than 80 percent of the U.S. economy. The NOEP Web site had this note in mid-2010: "The NOEP is now being hosted by the Monterey Institute of International Studies, with generous funding also provided by the University of Southern California Sea Grant Program. We are currently seeking additional funding to continue NOEP's mission beyond 2010, as well as expand it in new directions and integrate the NOEP with the Monterey Institute’s plans for a greater academic focus on International Marine Policy."

The Web site of Restore America's Estuaries has a report The Economic and Market Value of Coasts and Estuaries: What’s At Stake?. According to the report, U.S. coasts and estuaries that have been protected and managed in a sustainable way are worth billions. Beaches, coastal communities, ports, and fragile bays are economic engines that drive and support large sectors of the national economy. The report focuses on aspects of coasts and estuaries that are most dependent on ecologically healthy conditions. The authors also examined a growing body of research that reveals the economic consequences of environmental change in coastal and estuary ecosystems.

• Open Space - Within the next 20 years, the projected population increase in the Long Island Sound coastal area could result in near "build-out" under current zoning, eliminating many of the open areas that presently exist.
  
• Public Access - Only four major recreational facilities along the Sound coast are open to the general public. Increases in the size and number of docks interfere with public trust rights by obstructing access along the shore and the nearshore waters.

1. Expand public shoreline access opportunities by increasing the amount of land dedicated to physical and visual access.
   
2. Improve and sustain the levels of public access and recreation opportunity at existing sites.
   
3. Increase acquisition and preservation of open space.
   
4. Create a land trust to facilitate open space acquisition, preservation and management within the Reserve.
   
5. Increase the amount of funds dedicated for open space preservation.

The public lands and waters of the State offer a significant recreation resource. Statewide, the State's outdoor recreation resources include over 300,000 acres of recreation and open space areas managed by the Office of Parks, Recreation and Historic Preservation (OPRHP), and 3.9 million acres managed by the Department of Environmental Conservation (DEC). Within these resources, there are 167 State Parks and 35 Historic Sites administered by OPRHP, 52 DEC campgrounds and over 200 water access sites maintained between the two agencies. DEC's primary coastal focus is on fishing and natural resources, while OPRHP directs its efforts at the full range of recreational boating and water recreation. In addition, there are numerous coastal access sites maintained for local residents and/or the public by counties, towns and park districts for a variety of recreation activities. The State continues to expand the supply of public access and recreation facilities; since 1995, New York State has acquired 22 state park sites. Since 1995, DEC has purchased more than 40 equivalent miles of Public Fishing Rights covering more than 115 acres. County and local governments also continue to develop or improve existing public access facilities along the coast. These recreational resources are an essential part of the character of many shoreline communities. Recreational facilities reflect a wide variety of active and passive activities, while preserving other important assets such as natural resources and maritime heritage.

While the demand for public access to the waterfront continues to increase, the opportunities to satisfy this demand are affected by the high costs of developing new access or acquiring new sites, by municipal residency requirements, and by a lack of understanding or hesitation by local governments to use the powers they possess to obtain public access interest. Recreational opportunities can be improved by identifying areas with additional recreational potential, working with new partners, and recognizing and seizing small and non-traditional opportunities.

Both the CZMA and New York State Coastal Policy 19 require the protection, maintenance, and increase in public access on the coast. Much of the Division’s success in addressing increased public access to the state’s coastal areas has been achieved through its assistance to local communities in a variety of mechanisms, particularly in developing and implementing local waterfront revitalization plans and harbor management plans. Evidence of local community emphasis on and provision of public access to coastal areas is discussed throughout other sections of this findings document. The following discussion is representative, but not all-inclusive, of successes in increased public access since the last evaluation in 2003.

The Town of North Hempstead and the Village of Port Washington North on the north shore of Long Island on Long Island Sound’s Manhasset Bay have collaborated on a bay walk. Port Washington North completed a five-year long planning effort and has assembled Bay Walk Park from recently acquired waterfront properties. The park will serve as the Village’s only recreational resource. The Town of North Hempstead is now working on a bay walk project that will extend Port Washington North’s Bay Walk Park into a nearly two-mile public walkway through three villages and the Town’s unincorporated areas in Port Washington. The entire Bay Walk trail will provide significant increased public access to Manhasset Bay.

For the past several years the Division has focused much of its effort in New York City on the Brooklyn waterfront. Projects are generally multi-faceted and address much more than public access, but the access is a significant part of each project. The Division has provided funding for planning, design, and construction of new waterfront open space along Brooklyn’s Greenpoint/Williamsburg waterfront, including development of a public park, pier, and esplanade. It has also provided support for construction of a new waterfront park at the abandoned Bush Terminal Piers in Brooklyn. This project also includes brownfield remediation and wetland restoration.