Transit district's appeal to Surface Transportation Board will decide who has authority over bluff-top project
A federal agency responsible for whether Del Mar gets a safety fence installed along its 1.7 miles of blufftop railroad has reached no decision more than two-and-a-half years after the North County Transit District submitted its petition for a declaratory order.
The Surface Transportation Board was created in 1996 and is similar to a court in the regulation of national railroad matters. Del Mar on July 25, 2022, in the most recent of its multiple replies to the petition, told the STB that the transit district’s filings ignore a number of things such as the fact that Del Mar and the Coastal Commission have continuously allowed emergency bluff repairs over the years without prior authorization.
Hundreds of Del Mar residents vehemently oppose the fence, saying it would restrict access to the beach, obstruct views of the ocean, and reduce property values. The average home in Del Mar is worth more than $3 million, according to Zillow.com. Trespassing on the train tracks is illegal, though rarely enforced. Violators can be fined $50 to $400 plus court costs, according to NCTD officials.
“We’ve steered clear of the Del Mar fence debate for the most part,” Silverstein said by email Wednesday.The fence is clearly specified as a problem in a letter opposing the petition written to the federal board by Jeffrey Sturgis, whose family has owned property on the Del Mar bluff since 1943.
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