Appellate Court Ruling On Lacey Rail Trail A Blow To Environmentalists

LACEY TOWNSHIP - A state appellate court has upheld a New Jersey CAFRA permit granted to Lacey Township which would allow the township to build a 1.9 mile roadway on the Lacey-owned portion of the Barnegat Branch Trail.

It was a blow to local and area environmentalists from a number of groups who have fought against the roadway since 2000.

“We are very disappointed in the court’s decision," said Helen Henderson of the American Littoral Society.We feel that the NJDEP did not use their coastal policies to protect public open space in Lacey Township and conversely decided to give in to a local municipality’s development hungry interests and approve a needless roadway that impacts a special place in the community. The railroad right-of-way is unique and an irreplaceable natural landscape in the coastal region and should not be paved over"

Ocean County purchased much of the land as open space in the five towns the trail is located. Only Lacey owns a portion of the right-of-way.

For 40 years, the Lacey section has been used by walkers, runners and bikers for passive recreation. Now that might be over.

The state Department of Environmental Protection had denied the CAFRA permit twice before in appellate court. But Lacey appealed the permit denial after Gov. Chris Christie took office. A three-judge panel at the appellate division found in favor of the CAFRA permit issued in 2014 to allow the construction of Railroad Avenue on a portion of the right-of-way.

Henderson said the groups will continue to oppose the roadway.

“We stand strongly in our continued opposition to this ill-advised and unnecessary project and still believe the DEP’s reversal on two previous permit denials is done in bad faith," she said. " These 2 miles of roadway will take away from the public’s enjoyment and safety along the County’s Barnegat Branch Trail and will add more stormwater runoff pollution to Barnegat Bay. It is yet another approval along the way in the death by a thousand cuts in our coastal region.”

“This decision has continued the abuse of power by the Christie Administration because it shows this project was not about transportation, it was about clear-cutting an area that people enjoy," said Jeff Tittel, Director of the New Jersey Sierra Club. "That is why we will continue to fight against this project.”

“Our organization, the Lacey Rail-Trail Environmental Committee (LRTEC), has advocated on behalf of the past, current and future users of this unique recreational rail-trail. Ocean County saw the right of way’s potential as a county linear park, purchased then constructed the Barnegat Branch Trail to be used as a safe, car-free environment for biking, running, walking and its lasting qualities as a non-motorized transportation corridor,” said Donna Bahrle, founder of the LRTEC. “Upon the advice of our attorney, we hope to continue to fight for the preservation of this open space for generations to come. Once it is paved over; it is gone forever.”

Image: Lacey Rail-Trail Environmental Committee.