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article from Capital related to Beverly Triton Beach
State says private water access on Anne Arundel’s Beverly Beach should have been open to the public over last 30 years
By RACHAEL PACELLA
CAPITAL GAZETTE
AUG 19, 2019 | 7:24 PM
State says private water access on Anne Arundel’s Beverly Beach should have been open to the public over last 30 years.
After three decades of allowing a community association private water access on public land at Beverly Beach, Anne Arundel County must either open the 7 acres to the public or find the same amount of land elsewhere to open to the public.
Anne Arundel County has been in violation of state and federal grant requirements for three decades, and now must remedy the situation at Beverly Beach, the Department of Natural Resources wrote in a letter Aug. 1.
The county plans on making improvements to the 341-acre Beverly Triton Nature Park on the Mayo peninsula, and sent a letter to DNR June 24 listing $1.25 million in state funding for the project in its fiscal 2020 Program Open Space plan.
But when applying for Program Open Space or federal Land and Water Conservation Fund money, the county left out some information, DNR Director of Land Acquisition and Planning Heidi Dudderar said in the letter. The county didn’t say that it leases 7.1 acres of that parcel to the Beverly Beach Community Association, which operates that land as a private beach and park. That lease has been in place since 1986, a year after the county bought the land using public open space money.
State and federal money comes with a provision that the land stay in public recreation or open space use forever.
A fence separates that portion of the park from the other 300-plus acres, and signs are posted saying only community residents and their guests can use that 7-acre parcel, which includes a parking lot and about 1,860 feet of shoreline. Dudderar said that puts the county in violation of its provisions.
They have the option of ending or amending the lease in a way that allows for public access, or asking DNR and the National Park Service to convert the use of the property. According to a Program Open Space manual, that means replacing the converted land with land of equivalent area and recreation or open space value.
Wednesday county officials will meet with the Beverly Beach Community Association to discuss concerns and a plan of action to “strike a balance” between residents and the county’s legal obligation, County Executive Steuart Pittman said in a statement.
The community’s use of the beach predates the park by a decade or more. In 1972, the land was deeded to a private third party, according to the DNR letter. The deed maintained the residents’ right to use the beach, however, and they sued and received an amended decree in 1979 allowing them to use the beach.
The community and the county started their lease agreement in 1986, a year after the county purchased the land.
In his statement, Pittman said the beach is still closed to the public and asked that users access the nature park from the entrance off Beverly-Triton Road.
I'll let LISA chime in, but this adjacent community / residents have heavily pushed back regarding public access even though it had already been approved by the lease. I may be exaggerating, but they had planned for ~350 parking spots, which was nixed down to ~120 spots. AA Rec & Parks (imo) has significantly caved to the locals voicing their uproar, which is ashame. This water access point puts you into awesome water to fish.
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I'll let LISA chime in, but this adjacent community / residents have heavily pushed back regarding public access even though it had already been approved by the lease. I may be exaggerating, but they had planned for ~350 parking spots, which was nixed down to ~120 spots. AA Rec & Parks (imo) has significantly caved to the locals voicing their uproar, which is ashame. This water access point puts you into awesome water to fish.
I only know about this issue what I have read here, and surely the locals are way more familiar, but as an outsider looking it it seems like having the State on the side of public access is good. Hopefully this will not drag out forever.
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I am very interested in Lisa's take on this as well but it seems as if the state has a pretty good leg to stand on either open access or give 300 plus acres of land elsewhere.
I’m assuming the meeting was to discuss how to challenge the DNR legally. I get that they’ve enjoyed private water access for years but the taxpayers of MD also have a right to access the water from the area. Hopefully they can work out something amicable to everyone without the lawyers dragging the case out for years.
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