No, you DON’T need a beach badge in NJ if you’re only using the ocean

Remember the ugly encounter in Belmar between the police and the surfer? That takedown all over a beach badge.

Beach badges have been the bane of people who love the sand and the surf in New Jersey with ever-increasing prices and prickly rules.

But there’s something you need to remember. There’s a difference between the sand and the surf regarding beach badges. With Memorial Day a little over three months away, it’s time for a refresher.

A law signed by Gov. Phil Murphy in 2019 attempted to clarify that if you were only crossing the sand to get to the ocean or the wet sand below the high tide line, you didn’t need a beach badge for surfing or fishing.

Not every town seemed to get the message. Or if they got it, they didn’t properly interpret it.

Now, Assemblywoman Marjorie Donlon is aiming to clear things up further. Back in September, she introduced A-4816, which attempts to clarify that no town is allowed to force you to buy a beach badge if you’re there only for the ocean to surf or fish. However, on the day before Valentine’s Day, the bill was amended and changed from “surfing or fishing” to “using the ocean for a recreational activity.”

So kayaking, swimming, etc., would be included. But here’s the critical key.

What the law is trying to say and what you must be aware of before challenging any town about beach badges is this. These activities are allowed without a beach badge only if you’re using the beach to get straight to the water or waterline. If you, for example, want to go surfing, you would have to cross the beach using it only for access there and only for a way back.

The moment you park yourself on the beach, it becomes questionable.

And if you set up on the beach with a blanket and belongings even to come out of the water for just five minutes here and there, now not 100% of your time is spent on the wet sand or in the water, and then you need to buy that beach badge. Consider the beach like an access road with a ‘no stopping’ rule, and you should be good to go.

There’s already the 2019 law, but if A-4816, which cleared the committee last week, passes, it will protect you even further. If you do end up challenging a beach badge checker or law enforcement officer on not needing a beach badge, do it calmly and respectfully. Not all towns will be as fast at catching on as others.

Opinions expressed in the post above are those of New Jersey 101.5 talk show host Jeff Deminski only.

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