Bill Text: NJ A682 | 2024-2025 | Regular Session | Introduced

New Jersey Assembly Bill 682

Introduced

Bill Title: Establishes program, in DEP, for acquisition of development easements on privately-owned woodlands.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Environment, Natural Resources, and Solid Waste Committee [A682 Detail]

Download: New_Jersey-2024-A682-Introduced.html

ASSEMBLY, No. 682

STATE OF NEW JERSEY

221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

Co-Sponsored by:

Assemblyman McGuckin

SYNOPSIS

Establishes program, in DEP, for acquisition of development easements on privately-owned woodlands.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning the acquisition, by the State, of development easements on privately-owned woodlands and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. (1) Notwithstanding the provisions of any other law, rule, or regulation, to the contrary, the Department of Environmental Protection shall establish a program for the acquisition, by the State, of development easements, conservation restrictions or easements, or any other restrictions or easements restricting, in perpetuity, development on privately-owned woodlands.

(2) In order to be eligible for acquisition under the program, the woodlands shall:

(a) be of at least five contiguous acres in size; and

(b) be managed by the landowner in accordance with a forest stewardship plan approved pursuant to section 3 of P.L.2009, c.256 (C.13:1L-31) or a woodland management plan pursuant to section 3 of the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.3).

b. (1) There is established in the General Fund a special nonlapsing fund, to be known as the "Woodlands Protection Fund." Monies in the fund shall be dedicated to the acquisition, by the State, of development easements, conservation restrictions or easements, or any other restrictions or easements restricting, in perpetuity, development on privately-owned woodlands.

(2) The fund shall be credited with:

(a) any federal funds made available for this purpose, including monies from the Forest Legacy Program administered by the United States Forest Service;

(b) any donations by private individuals or foundations received by the department for this purpose;

(d) any return on the investment of moneys deposited in the fund.

The Department of Environmental Protection shall request annually, as part of its annual budget proposal, such amount as may be necessary to fund the program established pursuant to this section. The department shall also coordinate with the United States Forest Service and any other applicable State or federal agency to pursue any federal, State, local, and private funding that may be available to fund the program established pursuant to this section.

c. (1) Within one year after the effective date of this section, the State Forester designated pursuant to section 17 of P.L.1983, c.324 (C.13:1L-17), shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), for the establishment and implementation of the program required by this section, including, but not limited to: application procedures; criteria and policies for the evaluation and priority ranking of projects; and management techniques, which are designed to ensure the sustainability of acquired lands, and which may be required to be undertaken by participating landowners.

(2) The rules and regulations adopted pursuant to this subsection may incorporate the provisions of rules and regulations, adopted pursuant to section 8 of P.L.2009, c.256 (C.13:1L-36), which are designed to ensure the sustainability of forest lands, as determined to be appropriate by the State Forester.

d. (1) Any development easement, conservation restriction or easement, or other restriction or easement permanently restricting, in perpetuity, development on privately-owned woodlands acquired pursuant to this section shall be filed with the municipal tax assessor and recorded with the county clerk in the same manner as a deed.

(2) A landowner shall not be required to provide public access to woodlands acquired pursuant to this section.

2. This act shall take effect immediately.

STATEMENT

This bill directs the Department of Environmental Protection (DEP) to establish a program for the acquisition of development easements, conservation restrictions or easements, or other restrictions or easements permanently restricting development on privately-owned woodlands.

The bill directs the State Forester to adopt rules and regulations to establish the program within one year after the date the bill is enacted into law. To be eligible for the program, the woodlands would be required to (1) be of at least five contiguous acres in size, and (2) be managed by the landowner in accordance with a forest stewardship plan approved pursuant to section 3 of P.L.2009, c.256 (C.13:1L-31) or a woodland management plan pursuant to section 3 of the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.3). A landowner would not be required to provide public access to woodlands preserved by the program.

In order to fund acquisitions under the program, the bill would establish a "Woodlands Protection Fund." The fund would be credited with: any federal funds made available for this purpose, including monies from the Forest Legacy Program administered by the United States Forest Service; any donations by private individuals or foundations received by the DEP for this purpose; any monies appropriated to the fund by the Legislature; and any return on the investment of moneys deposited in the fund.

According to the New Jersey State Forest Action Plan, which was prepared and published by the DEP's Division of Parks and Forestry in December 2020, New Jersey's forests cover approximately 40 percent of the total land area of the State, and almost half of the total amount of forested land within the State is in private ownership. The action plan notes that, while the amount of forest land has remained relatively stable since the 1970s, this trend is not expected to continue, as forested land area is under severe development pressure. The action plan further notes that family forest owners make up the majority of the privately held forested landholdings, and over 40 percent of family forest land is owned by people who are 65 years of age or older. In such a densely populated state as New Jersey, it is critical to protect and preserve forested areas and to manage them sustainably. Decreases in forest land cover can affect the amount of overall habitat available for plant and animal species, as well as the ability of various forest species to interact with each other.

The federal Forest Legacy Program encourages the protection of privately owned forest lands, both through the establishment of easements on private property and the purchase of property under programs like the DEP's Green Acres Program. This bill would establish a State program, in DEP, specifically for the acquisition of easements on privately-owned woodlands in order to preserve these vital resources and the benefits that they provide to the State.