Public Use / Private Owner
On July 3, 2014, at the Ocean Grove Boardwalk Grand Re-Opening after Super Storm Sandy, Dr. Dale Whilden, then OGCMA President, began his public remarks (with then Governor Christie) stating: “This is not Ocean Grove's boardwalk. This is the Jersey Shore's boardwalk.”
In recent weeks, the Ocean Grove Camp Meeting Association (OGCMA) has claimed that the pier is private property, and therefore they can build it however they want.
In a NY Post article, the OGCMA, said, “It is disappointing that anyone would seek to block a sacred symbol on private property from public view regardless of whether you interpret the shape as a pier, a plus sign, or cross.”
The OGCMA then went on Fox News and repeated his assertion that the pier is private property. Video of the interview here, features a Fox News Introduction that reads: “Badger explains why he designed his privately owned pier in the shape of a cross.”
In 2013, FEMA (after two appeals of denial) agreed to give funds to rebuild the Ocean Grove Boardwalk, finding that, “The Ocean Grove Boardwalk is an eligible private nonprofit (PNP) facility because the facility is designated as a “public highway,” connects neighboring townships and supports the execution of mutual aid agreements, and is available at all times to provide health and safety services of a governmental nature.” Decision here.
The Ocean Grove Pier is an extension of the Ocean Grove Boardwalk. On July 3, 2014, at the Ocean Grove Boardwalk Grand Re-Opening after Super Storm Sandy, Dr. Dale Whilden, then OGCMA President, began his public remarks (with then Governor Christie) stating: “This is not Ocean Grove's boardwalk. This is the Jersey Shore's boardwalk.” Clip available here.
Recently, the OGCMA used the “public” classification as a way to escape needing an easement from the Army Corp of Engineers.
On October 7, 2021, the NJDEP sent a deficiency letter to OGCMA saying the project was within the limits of the ACOE project footprint, and to revise their application accordingly. A copy of the deficiency letter can be found here.
Attachment C to the OGCMA’s responses to NJAC 7:7-1.69 Public Access Compliance, as filed with New Jersey State as part of the OGCMA’s permit application on November 22, 2021, see paragraph (w). The entire document is available here.
Note Sections q, s, w, and x public access compliance. Excerpt from Attachment C, NJAC 7:7- 1.69 Public Access Compliance
The permit issued to the OGCMA by the NJDEP provides the following emphasis on “public” in the first sentence:
”This document authorizes the construction of an expansion to a legally existing public fishing pier, in association with a PUBLIC development. . .” (Emphasis added]. See below.
NJDEP Permit for Ocean Grove Pier reconstruction. Note use of the word “public” in Description of Authorized Activities above.
