Bill Text: NJ S2804 | 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 1-0)
Status: (Introduced - Dead) 2011-04-11 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S2804 Detail]
Download: New_Jersey-2010-S2804-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Concerns permits, letters of exemption, and enforcement with regard to agricultural activities under "Freshwater Wetlands Protection Act."
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. a. For the purposes of any permit or letter of exemption involving agricultural activities issued by the department, or any enforcement action undertaken by the department involving agricultural activities, pursuant to the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.):
(1) An agricultural field shall be considered active, and not deemed abandoned, if any combination of crop production or maintenance or renovation of the field for agricultural purposes has taken place on the field within five years. The lack of a commercial harvest or production of a crop on or from the agricultural field shall not be a determining factor in designating the agricultural field as abandoned;
(2) In any case in which an agricultural field has not been maintained or renovated for agricultural purposes, or used for commercial harvest or production of a crop, within five years preceding an application for a permit or letter of exemption, the resumption of crop production or maintenance or renovation of the agricultural field for agricultural purposes shall be considered minimally adverse to the environment and permissible if: (a) the crop production, or maintenance or renovation of the field, is related to the previous use of the agricultural field for agricultural purposes; or (b) during the previous use of the agricultural field for agricultural purposes, it was disturbed, developed, or otherwise built upon for those purposes such that the agricultural field cannot return to a natural wetland state regardless of the length of time it is inactive, poorly maintained, or uncultivated.
b. (1) The department shall issue the necessary permits to any owner of an agricultural field previously lawfully used for the production of cranberries, or lawfully maintained or renovated for that purpose, but determined by the department prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) to be abandoned because the agricultural field had not produced a crop for five years, provided that the field was being maintained or renovated for agricultural purposes at the time of its designation as abandoned. The permits shall authorize the owner to produce cranberries on the agricultural field, and to maintain and renovate the agricultural field until such time as production of a crop is warranted but only if the agricultural field is being maintained or renovated for the production of cranberries.
(2) No agricultural field regulated pursuant to paragraph (1) of this subsection may be deemed abandoned if any combination of crop production or maintenance or renovation of the field for agricultural purposes has taken place on the field within five years. The lack of a commercial harvest or production of a crop on or from the agricultural field shall not be a determining factor in designating the agricultural field as abandoned.
c. 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 provides that for the purposes of any permit or letter of exemption involving agricultural activities issued by the Department of Environmental Protection (DEP), or any enforcement action undertaken by the DEP involving agricultural activities, pursuant to the "Freshwater Wetlands Protection Act":
(1) an agricultural field shall be considered active, and not deemed abandoned, if any combination of crop production or maintenance or renovation of the field for agricultural purposes has taken place on the field within five years; and
(2) in any case in which an agricultural field has not been maintained or renovated for agricultural purposes, or used for commercial harvest or production of a crop, within five years preceding an application for a permit or letter of exemption, the resumption of crop production or maintenance or renovation of the agricultural field for agricultural purposes shall be considered minimally adverse to the environment and permissible if: (a) the crop production, or maintenance or renovation of the field, is related to the previous use of the agricultural field for agricultural purposes; or (b) during the previous use of the agricultural field for agricultural purposes, it was disturbed, developed, or otherwise built upon for those purposes such that the agricultural field cannot return to a natural wetland state regardless of the length of time it is inactive, poorly maintained, or uncultivated.
The bill also provides that the lack of a commercial harvest or production of a crop on or from an agricultural field would not be a determining factor in designating the agricultural field as abandoned.
The bill would further require the DEP to issue the necessary permits to any owner of an agricultural field previously lawfully used for the production of cranberries, or lawfully maintained or renovated for that purpose, but determined by the DEP prior to the effective date of the bill to be abandoned because the agricultural field had not produced a crop for five years, provided that the field was being maintained or renovated for agricultural purposes at the time of its designation as abandoned. The permits would authorize the owner to produce cranberries on the agricultural field, and to maintain and renovate the agricultural field until such time as production of a crop is warranted but only if the agricultural field is being maintained or renovated for the production of cranberries.
