Bill Text: NJ A4125 | 2024-2025 | Regular Session | Introduced
Bill Title: Directs DEP to lift conservation restrictions imposed as condition of CAFRA permit under certain conditions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-04 - Introduced, Referred to Assembly Environment, Natural Resources, and Solid Waste Committee [A4125 Detail]
Download: New_Jersey-2024-A4125-Introduced.html
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Directs DEP to lift conservation restrictions imposed as condition of CAFRA permit under certain conditions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain conservation restrictions and supplementing P.L.1973, c.185 (C.13:19-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section, "conservation restriction" means a restriction, easement, covenant, or condition in a deed, will, or other instrument, other than a lease, which is executed by or on behalf of the owner of the land for the purposes of: (1) retaining land or water areas predominantly in their natural state; (2) conservation of soil or wildlife; (3) outdoor recreation or park use; (4) public access to tidal waterways and their shores; (5) providing suitable habitat for fish or wildlife; or (6) forbidding or limiting any or all of the following (a) constructing or placing buildings, roads, signs, billboards or other advertising, or other structures on or above the ground, (b) dumping or placing soil or other materials as landfill, (c) dumping or placing trash, waste, or unsightly or offensive materials, (d) removing or destroying trees, shrubs, or other vegetation, (d) excavating, dredging, or removing loam, peat, gravel, soil, rock, or other mineral substances, (e) surface uses except those that permit the land or water area to remain predominantly in its natural condition, (f) activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation, or (g) other acts or uses detrimental to the retention of land or water areas according to the purposes of P.L.1973, c.185 (C.13:19-1 et seq.).
b. Notwithstanding the provisions of P.L.1973, c.185 (C.13:19-1 et seq.) or the rules and regulations adopted pursuant thereto to the contrary, the Department of Environmental Protection, upon application of the respective real property owner, shall lift a conservation easement that has been conditionally imposed on a parcel of real property, pursuant to a permit issued under P.L.1973, c.185 (C.13:19-1 et seq.), provided that:
(1) the department determines, to its satisfaction, that the parcel of real property is needed, and, upon the lifting of the easement thereon, will be used, for the purpose of enabling or facilitating the physical expansion of an existing school for special needs children; and
(2) the department, as a condition of lifting such conservation easement on the parcel of real property at issue, requires and takes appropriate action to ensure that a new, substantively similar conservation restriction is imposed on another parcel of real property at least twice the size of, and located no more than 20 miles from, the original parcel on which the conservation easement is being lifted pursuant to this section.
2. This act shall take effect immediately.
STATEMENT
This bill would direct the Department of Environmental Protection to lift certain conservation easements imposed on a parcel of real property as a condition of a permit award issued under the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.) (CAFRA), under certain conditions. Specifically, the bill would require that: (1) the parcel of real property is needed, and would be used for, the physical expansion of an existing school for special needs children; and (2) a substantively similar conservation restriction would be imposed on a parcel of real property that is at least twice the size of, and located no more than 20 miles from, the original property.
