Bill Text: NJ A2925 | 2010-2011 | Regular Session | Introduced
Bill Title: Concerns permits, letters of exemption, and enforcement with regard to agricultural activities under "Freshwater Wetlands Protection Act". *
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-03-21 - Received in the Senate, Referred to Senate Economic Growth Committee [A2925 Detail]
Download: New_Jersey-2010-A2925-Introduced.html
Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Concerns "Freshwater Wetlands Protection Act" general permit for expansion of cranberry bogs in pinelands area.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning freshwater wetlands and supplementing P.L.1987, c.156 (C.13:9B-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For the purposes of a general permit authorizing the expansion of cranberry growing operations in the pinelands area, issued by the department pursuant to section 23 of the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-23), an agricultural field shall be considered active, and not deemed to be abandoned, if any combination of crop production, maintenance, or renovation has taken place on the field within 10 years.
As used in this section, "agricultural field" means a field used for agricultural purposes, including a blueberry field or cranberry bog.
2. This act shall take effect immediately.
STATEMENT
This bill would specify the criteria, to be used by the Department of Environmental Protection (DEP), to determine if an agricultural field is considered active for the purposes of "general permit #23." The bill classifies an agricultural field as active, and not deemed to be abandoned, if any combination of crop production, maintenance, or renovation has taken place on the field within 10 years.
"General permit #23," issued by the DEP pursuant to the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.), authorizes the expansion of cranberry growing operations in the pinelands area. This bill provides that active use of an agricultural field includes a field for which agricultural production has been temporarily halted in order to maintain or renovate the field, in addition to a field used for the production of agricultural crops or products, within the last 10 years. The bill defines an "agricultural field" as a field used for agricultural purposes, including a blueberry field or cranberry bog.
Current regulations pertaining to general permit #23 deem an agricultural field abandoned if agricultural production has not taken place for five years or more. This bill would require the DEP to amend the regulations pertaining general permit #23 to redefine abandoned from five years to 10 or more years, and would also consider maintenance or renovation an active use of an agricultural field, in addition to agricultural production.
This bill would address a recommendation in the "Report on the Department of Agriculture," published January 15, 2010 by the Transition Team - Agriculture Subcommittee for then-Governor-elect Christie, to improve the business climate for New Jersey's farmers and agri-business community and to lessen the overburdening impact of DEP regulations on agriculture. The report specifies that a cranberry bog, considered abandoned after five years without a harvest, requires an Individual Wetlands Permit to reactivate the bog, which is very expensive and rarely granted. The report finds that due to the State regulatory restrictions on new cranberry acreage, several multi-generational family farms are considering leaving New Jersey. This bill would help to continue New Jersey's strong history of cranberry production.
