DEL MAR — The North County Transit District has abandoned its long-fought plans for a rail safety fence along the Del Mar bluffs after entering a settlement with the California Coastal Commission in September and filing a dismissal motion with the federal Surface Transportation Board last week.
In early 2022, NCTD decided to push forward with plans for 3,723 linear feet of 4- to 6-foot fencing along the Del Mar bluffs beginning at the Coast Boulevard railroad crossing, despite the city rejecting a project agreement and NCTD failing to obtain a Coastal Development Permit.
While NCTD said that the project was necessary to limit trespassing and prevent deaths on the railroad, Del Mar residents and officials disagreed, arguing that the fencing would do little to accomplish these goals and instead mainly block coastal access, impede ocean views and harm the bluff.
The California Coastal Commission ultimately filed a lawsuit against NCTD in April 2022 to block the project, alleging violations of the California Environmental Quality Act and the Coastal Act. Local organization Friends of the Del Mar Bluffs also filed their own lawsuit against NCTD that spring.
Nearly two and a half years later, in a Sept. 19 settlement agreement, NCTD agreed to abandon the fencing project and dismiss its petition before the Surface Transportation Board, asking for recognition of its sole authority over the project. Back in May 2023, the federal agency had declined to issue such an order and said the matter should be decided by the courts.
“Once this Board proceeding has been dismissed, the Coastal Commission has agreed to file its dismissal of this state case with prejudice,” NCTD said in an Oct. 10 motion submitted to the Surface Transportation Board.
The Coast News has reached out to NCTD for comment.
Del Mar Councilmember Terry Gaasterland said the resolution will allow all parties to move forward.
“The settlement agreement between NCTD and the Coastal Commission and between NCTD and Friends of Del Mar Bluff paves the way to work together going forward without the spectre of unsightly 4-foot or 6-foot chain link or hog-wire fencing stretching from north to south along the fragile Del Mar Bluff,” Gaasterland said.
As a condition of SANDAG’s Phase 5 Del Mar Bluff Stabilization Project, which is currently underway, the agency is required to provide coastal access opportunities, including a new trail along the bluff.
The settlement agreement notes that the project allows for a “low-profile” fencing design consisting of three-foot-tall wooden pylons and steel cabling that will limit view obstructions.
Gaasterland said the stabilization project has already caused irreversible impacts on the bluff, and she is eager to see mitigation measures in place.
“I look forward to seeing the designs for the access structures and working together to make sure they work well for everyone, while preserving this natural coastal bluff for future generations to enjoy,” Gaasterland said.
The Coastal Commission’s lawsuit sought an initial civil penalty of up to $30,000 and an additional penalty of $15,000 per day that violations persisted. However, the commission agreed in the settlement to waive all claims for penalties.
Going forward, collaboration between NCTD, SANDAG, the Coastal Commission and Del Mar will be required for the much larger Los Angeles – San Luis Obispo – San Diego (LOSSAN) Rail Realignment project. The project plans to relocate around 1.7 miles of rail track off of the bluffs and into tunnels further inland by 2035.
