After proposing sweeping legislation in multiple committees meant to expand public access to Connecticut’s beaches, the state legislature’s Transportation Committee ultimately agreed on moving one bill, which would commission a study of beach access, out of committee and to the floor.

Another bill, House Bill 5361, didn’t make it out of the Planning and Development Committee on Friday during the committee’s final planned meeting ahead of the legislative deadline. The legislation was meant to “clarify that certain goals and policies concerning coastal management shall apply to all public coastal resources, and ... prohibit municipalities from restricting nonresident access to municipal parks and beaches that are accessible to residents or imposing fees for such access that are greater than fifty per cent of any fees charged to residents,” according to the bill summary. Opposition from municipalities and particularly people from the Fairfield area proved to be overwhelming.

Republicans argued the bill was an overreach and infringed upon local control. Southeastern Connecticut municipal leaders who followed the bill said the same. Democrats pointed out that more than 80% of the Connecticut shoreline is privately owned, so that already only a select group has easy access to the many strips of sand along Long Island Sound.

“I know that there are some municipalities particularly out west or down near New York, their residents pay $50 and their nonresidents pay $700, that’s outrageous,” Groton City Mayor Keith Hedrick said. “But currently for a resident here who is under (age) 62 it’s $32 and for a nonresident it’s $70. My justification for that is if you’re a city resident, you’re already paying taxes for the beach, and nonresidents aren’t paying taxes.”

Democrats who supported the bill argued that the state provides municipal aid in different ways to communities with public beaches, which is paid for by taxpayers throughout the state, not just local residents.

Hedrick acknowledged that residents of Groton Town have said they believe beach fees should be the same for them as for city residents.

“The Town of Groton has said, ‘Well, we’re Groton residents, and we should pay the same as City of Groton residents,’” Hedrick said. “I don’t agree with that because City of Groton residents in their fire district tax pay for the beach, the town residents don’t pay for the beach. My thing is people say, ‘We should get the same rights as you guys.’ I said, ‘You do, you have the same right to access, you just have to pay more because you’re not paying taxes.’”

'An emotional thing'

Hedrick pointed out “beaches are an emotional thing” in the region. The issue of access has come up many times before. In 2019, a portion of the Shenecossett Beach Club's fence and sign, installed along a stone jetty and which extended "below the Mean High Water mark into Public Trust waters,” were ordered to be removed by the state Department of Energy and Environmental Protection.

“Long Island Sound is recognized as Connecticut’s most important natural and cultural resource, but the general public cannot be expected to understand or support efforts for its preservation unless the public can go to the shore and see it," DEEP Commissioner Katie Dykes said in public testimony. "Accordingly, DEEP strongly supports this bill, as public access has been a cornerstone of our coastal management program since 1980. Shoreline public access has recently been highlighted as a significant need, given the current climate of heightened attention to racial injustice and social inequities, at the same time as the COVID-19 pandemic has increased the need for safe outdoor recreational opportunities.” 

During the coronavirus pandemic, some beaches adopted more restrictions; for example, in Groton City only residents could go to Eastern Point Beach on weekends and holidays.

Residents pushed back, Hedrick said, via Facebook and email. The Attorney General’s Office called and asked for the city’s rationale.

“I couldn’t do this today, but during COVID, when the governor did his state of emergency and then I did mine, it allowed me to take actions to protect my citizenry,” Hedrick said.

The Town of Groton also has been looking at issues of coastal access in Mystic. Town Manager John Burt was cautious about the proposed legislation in an email to The Day. He had been in contact with state Rep. Christine Conley, D-Groton, and expected revisions on the bill.

“We are keeping on an eye on the bill to make sure it doesn’t impact our golf course,” Burt wrote. “Generally, I’m all for enhancing all public access and not allowing unreasonable amounts to be charged based on residential status.”

Then there is Old Lyme, where for years residents have complained about bad behavior from beachgoers. The response in the past has been to restrict access, such as the Miami Beach Association charging “clean beach fees” and erecting a fence, which became the subject of litigation.

Old Lyme First Selectman Tim Griswold pointed out that there’s no pass required to go to the public Sound View Beach. He said he found the proposed — and now dead — legislation “limiting.” He pointed out that a busy day could see more than 1,000 people congregating in the Sound View and Miami Beach area. “And I think the number of parking spaces is probably close to 300,” he added.

“We’re a town of 7,500 and in the summertime, that more than doubles. It’s a big influx of people,” Griswold continued. “When Rocky Neck (State Park in East Lyme) fills up, it’s a bonanza. All the cars are heading west looking for a place to go and we can accommodate just so many. Sometimes we even have to shut off Sound View because it’s too filled up. It seems to work in its own way, and we keep working on ways to improve it.”

East Lyme Parks and Recreation Director David Putnam said he’s been keeping tabs on beach access bills on the legislature for their possible effect on the three town-owned beaches: Hole-in-the-Wall, McCook Point and Cini Memorial. “Financially it would affect us if we’re charging the same rate or closer to it than we are now for residents and nonresidents,” he said. “We’d have to make up those monies somehow.”

For a season pass to the town’s beaches, residents pay $45, seniors pay $20 and nonresidents pay $175. Day parking for a resident is $15 and for a nonresident it’s $40 or $50 on holidays and weekends. In total, Putnam said, East Lyme collects about $240,000 in beach revenue, and about 45% of that total is from nonresident fees.

Putnam’s view on the proposed bill aligned with other municipal officials': “My feeling is, the residents here pay taxes that go toward the overall park maintenance, and I think they should get that break,” he said.

Waterford First Selectman Rob Brule and Recreation and Parks Director Bryan Flaherty did not return requests for comment, but according to the town’s website, for Waterford Beach stickers, residents must pay $25 for the first car and $11 for each additional car. Seniors can pay $11. Nonresidents must pay $125 per vehicle.

The bill that made it out of the Transportation Committee, House Bill 5254, originally would have prohibited municipalities that receive funds through the state's Town Aid Road Grants program, for transportation infrastructure, “from restricting access to parking near public beaches and recreational and scenic areas,” according to the bill summary. The version that made it out of committee requires the commissioner of the state Department of Energy and Environmental Protection and the secretary of the Office of Policy and Management “to jointly conduct a study of access by members of the public to beaches and parks adjacent to marine and tidal waters that are owned or otherwise controlled by any municipality or other political subdivision of the state,” according to the bill language, which mirrors a bill that was introduced last year but never made it to a vote.

s.spinella@theday.com