Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Requires DEP to notify certain property owners of change in property’s status as wetlands area; establishes process to appeal certain wetlands designations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning notification to property owners of wetland areas and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
“Department” means the Department of Environmental Protection.
“Wetlands” means freshwater wetlands as defined pursuant to section 3 of P.L.1987, c.156 (C.13:9B-3), or coastal wetlands as defined pursuant to section 2 of P.L.1970, c.272 (C.13:9A-2).
2. a. If, at any time, the department reevaluates or remaps wetlands areas within the State, the department shall notify all affected owners of real property of any changes to their property’s status as a wetlands area. The notification shall include, at a minimum, information concerning whether the property’s, or a portion of a property’s, status as a wetlands area has changed, including, whether the property, or a portion of the property:
(1) was previously designated as a wetlands area, but, after reevaluation or remapping by the department, is no longer designated as a wetlands area; or
(2) was previously not designated as a wetlands area, but, after reevaluation or remapping by the department, is designated as a wetlands area.
b. The notification provided pursuant to subsection a. of this section shall also include a detailed description of how much of the property is designated to be a wetlands area, including a comparison of how the size of the wetlands area on the property has either increased or decreased as a result of the department’s reevaluation or remapping.
3. The department shall establish a process by which an owner of real property may appeal the department’s designation of a property, or a portion of a property, as a wetlands area. The appeals process shall be conducted in the manner provided for contested cases pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.). The department shall include information related to the appeals process in any notifications provided pursuant to section 2 of this act and on its Internet website.
4. This act shall take effect
immediately.
STATEMENT
The bill would require the Department of Environmental Protection (department) to notify affected owners of real property of any changes to their property’s status as a wetlands area in the event that the department reevaluates or remaps wetlands areas within the State.
Specifically, the notification would be required to include, at a minimum, information concerning whether the property’s, or a portion of a property’s, status as a wetlands area has changed, including, whether the property, or a portion of the property: (1) was previously designated as a wetlands area, but, after reevaluation or remapping by the department, is no longer designated as a wetlands area; or (2) was previously not designated as a wetlands area, but, after reevaluation or remapping by the department, is designated as a wetlands area. The notification would also be required to include a detailed description of how much of the property is designated to be a wetlands area, including a comparison of how the size of the wetlands area on the property has either increased or decreased as a result of the department’s reevaluation or remapping.
In addition, the bill would require the department to establish a process by which an owner of real property may appeal the department’s designation of a property, or a portion of a property, as a wetlands area. The department would be required to include information related to the appeals process in any notifications provided under the bill and on its Internet website.