South Seaside Park Annexation
After 53 years, a Jersey Shore enclave is changing hands
The Bottom Line for Visitors
What happened: South Seaside Park, a 168-acre enclave at the southern tip of the Barnegat Peninsula, is leaving Berkeley Township to join neighboring Seaside Park after a 53-year legal battle that went to the NJ Supreme Court.
Current status: Seaside Park voted 6-0 to annex in March 2026. A 60-day negotiation period is underway to divide assets including White Sands Beach.
What it means for you: Beach badge requirements at White Sands Beach may be in flux during the transition. Island Beach State Park (free beach access, parking fees) borders South Seaside Park and remains unaffected.
Key Facts
Timeline: 53 Years in the Making
Berkeley Township created from Dover Township, includes barrier island
Seaside Park breaks away as independent borough; South Seaside Park stays with Berkeley
Donald Whiteman Sr. files first deannexation petition
Court rules in favor of secession, but Seaside Park refuses to annex
Donald Whiteman Jr. refiles petition with 66% voter support
38 planning board hearings held over 4 years
NJ Supreme Court unanimously rules Berkeley's refusal "arbitrary and unreasonable"
Seaside Park Borough Council votes 6-0 to annex South Seaside Park
60-day negotiation period for assets, debt, and tax revenue division
The Story Behind the Secession
🗺️ Geographic Isolation
South Seaside Park sits on the Barnegat Peninsula, separated from Berkeley Township's mainland by 2.5 miles of Barnegat Bay. To reach Berkeley's township offices, residents had to drive 15 miles through seven other municipalities: Seaside Park, Seaside Heights, Island Heights, Toms River, South Toms River, Beachwood, and Pine Beach. In summer traffic, that drive could take 45 minutes or more.
💰 Taxation Without Representation
South Seaside Park made up just 1% of Berkeley Township's population but contributed 10% of its tax base. According to court records, the enclave accounted for 10.43% of Berkeley's ratables from its $62 million budget. The NJ Supreme Court noted that any economic loss to Berkeley would be offset by cost savings from no longer serving the distant community.
❄️ Service Failures
Court testimony revealed that Berkeley had provided deficient services to South Seaside Park. One snowstorm left residents snowbound for three days while neighboring municipalities were cleared the same day. School children faced 45-50 minute bus rides each way to mainland schools.
👨👦 A Father-Son Legal Legacy
Donald Whiteman Sr. first petitioned for deannexation in 1973 and won a court ruling in 1983—but Seaside Park refused to accept them. His son, Donald Whiteman Jr., picked up the fight in 2014, inheriting his father's legal files. The younger Whiteman's petition was signed by 66% of South Seaside Park's 435 registered voters, and he finally saw victory 53 years after his father started the battle.
⚖️ The Supreme Court Ruling
In July 2025, the NJ Supreme Court unanimously ruled in Whiteman v. Township Council of Berkeley Township that Berkeley's refusal to allow deannexation was "arbitrary and unreasonable." Justice Anne Patterson wrote that the separation "would not cause a significant injury to the Township's well-being." The court also found that Berkeley's planning board was biased—its planner had coordinated litigation strategy with the township rather than acting as an impartial arbiter.
🏖️ What This Means for Visitors
Beach Badges
Beach badge requirements at White Sands Beach (20th-23rd Avenues) are in transition. During the changeover, you may need Berkeley Township badges or Seaside Park badges depending on timing. Check with local beach patrol for current requirements.
Midway Beach (3rd Lane to 20th Avenue) is a private beach with separate badge requirements ($65/season).
Island Beach State Park Alternative
23rd Avenue marks the border with Island Beach State Park. Walk south of 23rd Avenue for free beach access (no badge required). Parking at the state park is $6 weekdays, $10 weekends.
Parking
Parking is generally free in Seaside Park south of 20th Avenue. Midway Beach does not permit parking without a permit for non-members.
Getting There
Take Route 37 from Exit 82 of the Garden State Parkway, then head south on Route 35 (Central Avenue). Look for signs reading "Twp of Berkeley" (signage may change after annexation completes). South Seaside Park is at the southern end of the barrier island, just north of Island Beach State Park.
Frequently Asked Questions
Is South Seaside Park part of Seaside Park or Berkeley Township?▼
As of March 2026, South Seaside Park is being annexed by Seaside Park Borough after a 53-year legal battle. The transition is currently in a 60-day negotiation period. Historically, it was part of Berkeley Township since 1875 despite being 15 miles away across Barnegat Bay.
What beach badges do I need for South Seaside Park?▼
Beach badge requirements are currently in transition. White Sands Beach (20th-23rd Avenues) may still require Berkeley Township badges during the changeover. Midway Beach (3rd Lane to 20th Avenue) is private and requires separate badges. Check with local authorities for current requirements, or visit Island Beach State Park just south of 23rd Avenue for free beach access.
Why did South Seaside Park want to leave Berkeley Township?▼
Residents cited geographic isolation (15-mile, 45-minute drive to township offices through 7 other municipalities), inadequate services (snow plowing delays, long school bus rides), and disproportionate taxation (1% of population paying 10% of tax base). The NJ Supreme Court found Berkeley's refusal to allow secession was "arbitrary and unreasonable."
When will the South Seaside Park annexation be complete?▼
The 60-day negotiation period between Seaside Park and Berkeley Township began after the March 2026 annexation vote. Key issues being negotiated include ownership of White Sands Beach and division of assets, debt, and tax revenue. If no agreement is reached, a court-appointed panel will decide within 30 days.
What is White Sands Beach and who owns it?▼
White Sands Beach is the public beach in South Seaside Park between 20th and 23rd Avenues, and the only recreational facility in the area. Ownership is currently being negotiated between Berkeley Township and Seaside Park as part of the annexation settlement.
How do I get to South Seaside Park?▼
Take Route 37 from Exit 82 of the Garden State Parkway, then head south on Route 35 (Central Avenue). Look for signs reading "Twp of Berkeley" (soon to change). South Seaside Park is the southern end of the barrier island, just north of Island Beach State Park.
What's the difference between Seaside Park and South Seaside Park?▼
Seaside Park is a borough that incorporated in 1898. South Seaside Park is a 168-acre enclave at the southern tip of the same barrier island that remained part of Berkeley Township until the 2026 annexation. They share a border but have had different municipal governments for 128 years.
What Happens Next?
60-day negotiation: Three representatives from Seaside Park and three from Berkeley Township are meeting to negotiate how to divide assets, debt, and tax revenue. Four of the six must agree.
Key sticking point: Berkeley Township owns White Sands Beach, the only recreational facility in South Seaside Park. The township has indicated it wants compensation for lost assets.
If no agreement: A court-appointed panel of three people will decide within 30 days. Their decision is final, with court costs split between the two municipalities.
Impact on residents: South Seaside Park voters may be transferred from the 9th legislative district to the 10th. Property taxes, school districts, and municipal services will transition to Seaside Park.
Explore the Area
Seaside Park
The family-friendly beach town now absorbing South Seaside Park. BYOB beaches, Island Beach State Park access.
Explore Town →Island Beach State Park
10 miles of undeveloped barrier beach just south of South Seaside Park. Free beach access, parking fees.
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Sources
Information compiled from WHYY, CBS New York, New Jersey Monitor, New Jersey Globe, and Shorebeat.
Plan Your Visit
Explore Seaside Park and the surrounding barrier island beaches.