BEACH REPLENISHMENT PROJECT
FREQUENTLY ASKED QUESTIONS
Where is the bulkhead line? The bulkhead line was established after the 1962 storm. The bulkhead line runs north/south and is generally 20 feet from the building line. The easements that are needed are east of the bulkhead line. Please refer to the enclosed map to see exactly where your property’s bulkhead line is. Click here to see recent beach pictures depicting the bulkhead line. Then click on Cumberland or Salem.
How high will the dune be in front of my property after the project? The Army Corps of Engineers has determined that the height of the dunes on Long Beach Island should be 22 feet above sea level in order to withstand a hurricane such as Katrina. Most dunes in Harvey Cedars are already approximately 20 feet above sea level. To view a dune profile, please visit the Army Corps of Engineers website regarding this project.
Is the project only for building dunes? No. The beach replenishment project will also be adding approximately 125 feet of beach in front of the dunes.
Why is the easement granted in perpetuity? The federal beach replenishment project is an on-going project. The Army Corps anticipates maintaining the beaches every 7 years or when needed after storm damage.
What is the Landowners Liability Act? It is the Borough’s understanding that the property owner would have the same liability responsibilities as they have before the signing of the deed. Click here to read the New Jersey statute.
What is the Public Trust Doctrine? The Public Trust Doctrine is a common law doctrine. It guarantees to the public an unfettered right to use tidally-flowed beach areas for swimming, fishing, walking, resting and other shore activities, including the right to perpendicular and lateral access to the entire shoreline (all of the tidally-flowed lands adjoining the oceanfront up to the mean high water mark), and to an additional, adjacent, upland dry sand area along the entire shoreline as reasonably necessary for resting, relaxation and other beach uses.
What will happen to my dune walkover? Any existing walkovers have been noted by the Army Corps and may be replaced by the homeowner.
How does signing the deed affect my property value? Since an easement does not convey ownership, there is no property taken away from the property owner by signing the deed. All of the easements are east of the bulkhead line, therefore the signing of the deed does not infringe on the right to build. If, in the future, the market indicates a change due to the easement, such change will be reflected in future assessments. Traditionally, these easements have had no effect on the market value of the property.
How does the new easement affect zoning calculations? This beach easement is not considered a vehicular easement (a section of land shared by property owners to obtain access to their home). Granting the easement will not effect any zoning/building calculations.
Why doesn’t the Borough need this deed when it does beach projects? Whenever the Borough itself trucks in sand or maintains the beach in another capacity, it uses its own funds. The federal beach replenishment project is subsidized with federal and state funds.
What will happen if the Borough does not get all the deeds signed? The beach replenishment project will not take place in any town on the island unless that town has received all of its deeds signed. The Borough of Harvey Cedars has not yet decided the course of action it will take if it cannot get all of the deeds signed. With the condition of the beaches, the Commissioners feel strongly that all the property owners will understand the great need for this project.
Does Harvey Cedars need to install bathrooms and more parking? Harvey Cedars has public restrooms at Sunset Park, the bay beach and at Borough Hall, which appear to meet the requirements set by the DEP. Public parking and public access to the beach is not an issue in Harvey Cedars.