reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-34 - Powers of board

13:18A-34. Powers of board
The board shall have the following powers:
a. To adopt and, from time to time, amend and repeal suitable bylaws for the management of its affairs;
b. To adopt and use an official seal and alter the same at its pleasure;
c. To apply for, receive, and accept, from any federal, State, or other public or private source, grants or loans for, or in aid of, the board's authorized purposes;
d. To enter into any agreement or contract, execute any instrument, and perform any act or thing necessary, convenient, or desirable for the purposes of the board or to carry out any power expressly given in this act;
e. To adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this act;
f. To call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, commission or agency as may be required and made available for these purposes;
g. To purchase pinelands development credits to further the objectives of P.L. 1979, c. 111 (C. 13:18A-1 et seq.) or when necessary to alleviate hardship, as determined pursuant to rules and regulations adopted by the board. The purchase price in these cases shall be not less than $10,000.00 per credit, or a fraction of that amount which reflects that portion of a pinelands development credit allocated to the applicant pursuant to the provisions of the comprehensive management plan. The board may periodically increase the purchase price; provided that its action does not substantially impair the private sale of pinelands development credits. In no case shall the purchase price be greater than 80% of the market value of pinelands development credits, as determined by the board.
L. 1985, c. 310, s. 5, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-35 - Development credit certification

13:18A-35. Development credit certification
The board shall, upon application of the appropriate landowner, and certification by the commission, issue Pinelands Development Credit Certificates for all pinelands development credits allocated pursuant to the comprehensive management plan. These certificates shall be issued to the current owner of record of the land with marketable title, verified by a 60 year search, who is legally empowered to restrict the use of the property in conformance with the comprehensive management plan, as indicated in the index of deeds recorded in the office of the recording officer of the appropriate county, subsequent to the recording of deed restrictions imposed on the use of that land pursuant to the comprehensive management plan.
L. 1985, c. 310, s. 6, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-36 - Registry of development credits

13:18A-36. Registry of development credits
a. The board shall establish and maintain a Registry of Pinelands Development Credits, which shall include:
(1) The name and address of every owner to whom a pinelands development credit certificate is issued pursuant to section 6 of this act, the date of its issuance, the municipal tax lot and block identification of the parcels of land to which the pinelands development credit has been assigned, the number of pinelands development credits or fraction thereof assigned to each parcel, the total number of pinelands development credits assigned, and the total acreage to which pinelands development credits have been assigned;
(2) The name and address of every person to whom a pinelands development credit is sold or otherwise conveyed, the date of the conveyance, and the consideration, if any, received therefor;
(3) The name and address of any person who has pledged a pinelands development credit as security on any loan or other obligation, the name and address of the lender, and the date, amount and term of the loan or obligation;
(4) The name and address of any person who has redeemed a pinelands development credit, the location of the land to which the credit was transferred, and the date this redemption was made; and
(5) An annual enumeration of the total number of pinelands development credits purchased and transferred, listing the municipality in which the land for which each pinelands development credit was issued is located, and the municipality to which the pinelands development credit was transferred.
b. No person shall purchase or otherwise acquire, encumber, or redeem any pinelands development credit without recording that fact, within 10 business days thereof, with the bank.
c. The board shall make available in the form of an annual report the information included in the registry to each county and municipality located in whole or in part in the pinelands area, and, upon request, pertinent information to any other person. The first annual report shall be submitted to the Governor and Legislature and shall be made available to the public on the first anniversary of the effective date of this act.
L. 1985, c. 310, s. 7, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-37 - Application for guarantee

13:18A-37. Application for guarantee
Any person desiring to secure a loan using a pinelands development credit as collateral may apply to the board for determination of eligibility for a pinelands development credit guarantee. The board shall notify the applicant of its decision within 30 days of its receipt of the application.
L. 1985, c. 310, s. 8, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-38 - Approval by board

13:18A-38. Approval by board
a. The board may extend a pinelands development credit guarantee with respect to any loan secured pursuant to the provisions of this act if:
(1) Adequate funds are available in reserve to fulfill the guarantee in the event of a default; and
(2) The applicant can demonstrate that he holds marketable title to the property and that the property has been certified by the commission as eligible for issuance of pinelands development credit certificates pursuant to the provisions of this act, that the owner is legally empowered to restrict the use of the property in conformance with the comprehensive management plan, that this credit has not been otherwise encumbered, transferred or redeemed, and that the credit shall be pledged as security for the guarantee.
b. If the application is denied, the board shall return it to the applicant with a written statement of the reasons for denial.
c. If the application is approved, the board shall retain the original and transmit copies of the application to the applicant and the lender. The applicant and the lender may then complete the transaction for the loan. Nothing herein contained shall be construed to require a lender to approve or deny any loan applied for pursuant to this act, regardless of the approval or disapproval by the board of any application for a pinelands development credit guarantee.
L. 1985, c. 310, s. 9, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-39 - $10,000 guarantee minimum

13:18A-39. $10,000 guarantee minimum
The bank is authorized to guarantee the value of a pinelands development credit in an amount not less than $10,000.00, or a fraction of that amount which reflects that portion of a pinelands development credit allocated to the applicant pursuant to the provisions of the comprehensive management plan, provided that the value upon which the guarantee is made may be adjusted in accordance with the provisions of section 5 of this act. Nothing herein contained shall be construed to establish or limit fair market value of any pinelands development credit or to preclude the extension of a pinelands development credit guarantee for any loan of less than $10,000.00.
L. 1985, c. 310, s. 10, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-40 - Default

13:18A-40. Default
a. Following the 31st day of a default on any loan secured, in whole or in part, by a pinelands development credit guarantee, the lender shall send notice by certified mail to the applicant and the board, stating the consequences of his default. The applicant and the lender may, within 90 days of the initial default, agree to take any reasonable steps to assure the fulfillment of the loan obligation.
b. In the event the applicant and the lender have not made arrangements for the continuation of the loan obligation within 90 days of the initial default, the lender shall file a claim with the board, identifying the loan and the nature of the default and shall: (1) assign the security interest in the pinelands development credit to the board in exchange for payment according to the terms of pinelands development credit guarantee; or (2) retain the security interest in the pinelands development credit and waive any claim to payment pursuant to the terms of the pinelands development credit guarantee.
L. 1985, c. 310, s. 11, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-41 - Payment of guaranteed amount

13:18A-41. Payment of guaranteed amount
In the event a default occurs on any loan secured, in whole or in part, by a pinelands development credit guarantee and the lender has assigned the security interest in the pinelands development credit to the board, the board shall authorize payment to the lender up to the limits of the pinelands development credit guarantee, and shall notify the defaulting party. The board shall, in these cases, take all appropriate action to secure its interest in the pinelands development credit.
L. 1985, c. 310, s. 12, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-42 - Sales by board of credits

13:18A-42. Sales by board of credits
a. The board may sell, exchange, or otherwise convey or retire any pinelands development credit which is purchased or otherwise acquired pursuant to the provisions of this act. All sales, exchanges, conveyances or retirements shall be made prior to the expiration of this act. The provisions of any other law to the contrary notwithstanding, no such sale, exchange, conveyance or retirement shall be subject to approval of the State House Commission.
b. When the board sells, exchanges, or otherwise conveys or retires a pinelands development credit, it shall do so in a manner which shall not substantially impair the private sale of pinelands development credits. The board may convey a pinelands development credit without remuneration for use in projects that satisfy a compelling public purpose only by an affirmative vote of two-thirds of its members.
L. 1985, c. 310, s. 13, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-43 - County banks

13:18A-43. County banks
a. The governing body of any county located in whole or in part within the pinelands area may, by resolution duly adopted, create a public body to carry out the functions of the bank created herein within the jurisdiction of the county with all or any significant part of the name of the county inserted. The county bank shall be governed by a board of directors consisting of five members, appointed by the board of chosen freeholders, or, in the counties operating under the county executive plan or county supervisor plan pursuant to the provisions of the "Optional County Charter Law," P.L. 1972, c. 154 (C. 40:41A-1 et seq.), by the county executive or the county supervisor, as the case may be, with the advice and consent of the board of chosen freeholders.
b. The members of the county board shall be appointed from among residents of the county with substantive experience in agriculture, banking and finance, land use regulation, and the law. Nothing contained herein shall be construed to preempt a county from carrying out functions substantially similar to those described and authorized herein exclusive of any State assistance.
L. 1985, c. 310, s. 14, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-44 - Delegation of authority to county

13:18A-44. Delegation of authority to county
The board may delegate any authority granted it by this act to any county which creates a county board pursuant to the provisions of this act if:
a. The commission has approved the master plan for the county;
b. The governing body of the county has requested that this delegation be made; and
c. The governing body of the county can demonstrate that it has the financial resources necessary to meet the obligations of this delegation.
L. 1985, c. 310, s. 15, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-45 - Matching grants

13:18A-45. Matching grants
If the board has delegated its authority pursuant to the provisions of section 15 of this act, it may provide, upon application therefor and approval thereof, matching grants to the county bank for the purpose of meeting the obligation of this delegation. These grants may be applied retroactively to January 14, 1981.
L. 1985, c. 310, s. 16, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-46 - Exercise of authority

13:18A-46. Exercise of authority
The county board shall exercise the authority delegated to it by the board in a manner prescribed by rules and regulations adopted by the board.
L. 1985, c. 310, s. 17, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-47 - Funding of the bank; proceeds from the sale of credits.

13:18A-47 Funding of the bank; proceeds from the sale of credits.
18. a. There is appropriated to the bank, from the General Fund, the sum of $5,000,000.00. This sum shall be used for the purchase of pinelands development credits and to extend pinelands development credit guarantees, as herein provided.
b. The proceeds from the sale of pinelands development credits by the board or a county board shall remain available to the board or county board for the purposes of this act. Within 60 days after December 31, 2015 the board shall transfer to the General Fund all funds remaining on deposit in the bank. The board may transfer part or all of the funds on deposit in the bank to the General Fund prior to this date upon the affirmative vote of two-thirds of the members of the board.
c. Within 30 days after December 31, 2015 a county board shall transfer to the board that percentage of the funds remaining on deposit in the county bank which reflects the percentage of the matching grant made by the board to the county board pursuant to section 16 of P.L.1985, c.310 (C.13:18A-45).
L.1985, c.310, s.18; amended 1997, c.282, s.1; 2005, c.241.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-48 - Extension of pinelands development credit guarantee, purchases

13:18A-48. Extension of pinelands development credit guarantee, purchases
19. Notwithstanding any other provisions of this act to the contrary:
a. No pinelands development credit guarantee shall be extended for a period of time in excess of five years;
b. No pinelands development credit guarantee shall be extended after December 31, 2005;
c. No pinelands development credit shall be purchased by the bank after December 31, 2005.
L.1985,c.310,s.19; amended 1991, c.24; 1994, c.141; 1997, c.282, s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-49 - County authority unimpaired

13:18A-49. County authority unimpaired
Nothing in this act shall be construed to prohibit or in any other way interfere with any county carrying out functions substantially similar to those described and authorized herein, exclusive of State financial assistance.
L. 1985, c. 310, s. 20, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-50 - Funds for land acquisition; "limited practical use" defined

13:18A-50. Funds for land acquisition; "limited practical use" defined
1. a. The Commissioner of Environmental Protection, utilizing any monies that may be made available from any source for the purpose, may acquire on behalf of the State from willing sellers any land or interest therein that qualifies for acquisition pursuant to the limited practical use program for the pinelands area as set forth in section 502(k)(2)(C) of the "National Parks and Recreation Act of 1978," Pub.L.95-625 (16 U.S.C.471i(k)(2)(C)), and pay any necessary costs associated with those acquisitions. The commissioner may not expend more than $100,000 on any single acquisition pursuant to this subsection without the approval of the Joint Budget Oversight Committee or its successor.
For the purposes of this act, "limited practical use" means the designation given to any land or interest therein that has limited practical use because it is located in the pinelands area and is held by a landowner who both owns less than 50 acres in the pinelands area and has exhausted existing remedies to secure relief, or has such meaning as may be otherwise provided by federal law.
b. Notwithstanding any law, rule, or regulation to the contrary, if the commissioner determines that the costs for surveys, appraisals, or other technical or administrative processes, procedures, or matters associated with the proposed acquisition of any land or interest therein pursuant to subsection a. of this section are disproportionate to the estimated cost of the land or interest therein to be acquired, the commissioner may waive the surveys, appraisals, or other technical or administrative processes, procedures, or matters to the extent necessary to ensure that the transaction shall be cost effective; provided, however, that the current owner of record has marketable title to the land or interest therein at issue, as verified by a 60-year search.
L.1995,c.232,s.1.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-51 - Sale of land

13:18A-51. Sale of land
2. a. If the commissioner determines that any land or interest therein acquired pursuant to subsection a. of section 1 of this act is not useful to be retained by the State, or any agency, authority, or entity thereof, for recreation and conservation purposes as defined pursuant to section 3 of P.L.1992, c.88, or for farmland preservation, historic preservation, water supply protection, or other public purposes, the commissioner may sell, exchange, or otherwise convey or transfer that land or interest therein to: (1) any public entity, including the federal government or a local government unit, or any agency, authority, or entity thereof, or any private nonprofit organization that agrees to retain and maintain the land for public purposes, at no cost or at such cost as may be established by the commissioner; or (2) any private party as set forth in subsection b. of this section.
b. If the commissioner determines that any land or interest therein acquired pursuant to subsection a. of section 1 of this act should be sold, exchanged, or otherwise conveyed or transferred to a private party, the commissioner may offer the land or interest therein first for private sale to any owner of land contiguous thereto acting either individually or jointly with another such owner, at a price to be established by the commissioner. The minimum price for which the land or interest therein may be offered for private sale shall be the same as the cost of acquisition of that land or interest therein by the commissioner pursuant to subsection a. of section 1 of this act, or, if the private sale involves an exchange, a value equivalent to the cost of acquisition; except that, if the land or interest therein offered for private sale includes a deed restriction imposed by the commissioner, the minimum price shall be the same as the cost of acquisition less the value of that deed restriction. If more than one such owner of contiguous land indicates interest in obtaining the land or interest therein at issue at the established price, it shall be sold, exchanged, or otherwise conveyed or transferred to the highest bidder from among all such landowners. If no owner of contiguous land indicates interest in obtaining the land or interest therein at issue, it may be offered for public sale at auction to the highest bidder.
c. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, no sale, exchange, conveyance, or transfer of any land or interest therein as authorized pursuant to this section shall be subject to the approval of the State House Commission or the requirements of P.L.1993, c.38 (C.13:1D-51 et al.).
L.1995,c.232,s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-52 - Use of monetary proceeds

13:18A-52. Use of monetary proceeds
3. a. Any monetary proceeds realized from the sale, exchange, conveyance, or transfer of any land or interest therein pursuant to section 2 of this act may be used by the commissioner to acquire additional lands or interests therein deemed to be of limited practical use as authorized pursuant to subsection a. of section 1 of this act.
b. Any monetary proceeds realized from the sale, exchange, conveyance, or transfer of any land or interest therein pursuant to section 2 of this act and not expended as authorized pursuant to subsection a. of this section shall be deposited into the applicable fund from which the State share of the monies used to acquire the land or interest therein pursuant to subsection a. of section 1 of this act was drawn.
L.1995,c.232,s.3.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-53 - Actions, conformity with law

13:18A-53. Actions, conformity with law
4. No action may be taken pursuant to this act unless it is consistent with section 502 of the "National Parks and Recreation Act of 1978" and conforms with, and furthers the purposes of, the comprehensive management plan for the pinelands area adopted pursuant to section 7 of P.L.1979, c.111 (C.13:18A-8).
L.1995,c.232,s.4.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-54 - Rules, regulations

13:18A-54. Rules, regulations
5. The commissioner, in consultation with the Pinelands Commission, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement this act.
L.1995,c.232,s.5.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-55 - "Pinelands Preservation Fund"

13:18A-55. "Pinelands Preservation Fund"
2. a. There is created in the Department of the Treasury a non-lapsing, revolving fund to be known as the "Pinelands Preservation Fund." The fund shall be the depository of the fees collected pursuant to subsection b. of section 1 of P.L.1996, c.147 (C.39:3-27.85). Interest or other income earned on monies deposited into the Pinelands Preservation Fund shall be credited to the fund.
b. Moneys in the Pinelands Preservation Fund shall be appropriated and distributed exclusively: (1) to reimburse the Division of Motor Vehicles for all costs incurred by that division, as stipulated by the director of that division, in producing, issuing, renewing, making computer programming changes in connection with and publicizing the Pinelands preservation license plates; (2) to pay for the costs of surveys and appraisals and other necessary costs incurred by the Department of Environmental Protection to acquire lands in the Pinelands National Reserve that have limited practical use because of their location and that are held by landowners who both own less than 50 acres in the reserve and have exhausted existing remedies to secure relief; and (3) to pay for Pinelands acquisition projects approved by the Commissioner of Environmental Protection in accordance with applicable State and federal laws relating to the protection of the Pinelands National Reserve and the pinelands area.
Of the initial fees collected from the issuance of Pinelands preservation license plates, an amount not to exceed $100,000 shall be allocated to the Division of Motor Vehicles to pay the cost of any computer programming changes that may be necessary to implement the Pinelands preservation license plates program established by this act.
L.1996,c.147,s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-56 - Findings, declarations relative to economic development in the Pinelands.

13:18A-56 Findings, declarations relative to economic development in the Pinelands.
1. The Legislature finds and declares that the Pinelands comprehensive management plan and its accompanying land use regulations place a number of restrictions on opportunities for economic development in portions of the region in which growth is restricted and which are largely devoted to conservation and agriculture; that within these areas, there is potential for limited development that may be undertaken in a manner that does not detract from ecological protection goals; and that certain types of economic development can be identified that are compatible with the environmentally sensitive and rural character of the region.
The Legislature further finds and declares that small villages exist in non-growth portions of the region that include areas zoned for commercial and other uses but are isolated in the rural municipalities and lack the staff and resources for planning and economic development; that economic development of a certain type, such as ecotourism, retail sales and services, recreation, and light manufacturing, may be viable alternatives for these areas; and that in order to promote opportunities for these areas, it is necessary to create a program to research and test viable economic development opportunities and to design implementation strategies to bring development to these areas compatible with the ecologically sensitive nature of the region.
L.1997,c.233,s.1.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-57 - Pilot program developed by Pinelands Commission.

13:18A-57 Pilot program developed by Pinelands Commission.
2. a. The Pinelands Commission shall develop a pilot program to assist rural Pinelands municipalities in non-growth regions in the Pinelands area in identifying economic development opportunities that complement regional requirements for resource protection and in attracting such development to the area. The pilot program shall be developed by the Pinelands Commission, together with several rural municipalities within non-growth areas in the Pinelands area chosen by the commission, to enable similarly situated municipalities to match local conditions with compatible economic development opportunities. The commission shall choose municipalities to participate in the program based on the extent to which: the entire municipality or large portions thereof are located in an environmentally sensitive area; limited sites are available for development; sewer service is unavailable in most of the municipality; large portions of the municipality are owned by the State; and no local resources are available for economic development planning.
b. The Pinelands Commission shall establish a partnership with each municipality participating in the program. The municipality shall be given technical and other assistance in developing a local economic development entity. Each local economic development entity shall, together with the commission, perform a community assessment to determine community interests and opportunities for development, and to identify sites for development that are compatible with resource protection and that take into account constraints on the scale of allowable development. The commission, together with the local economic development entities shall develop strategies for attracting development and shall develop promotional materials for that purpose, and shall develop links with county and regional economic development entities. The commission shall develop strategies for the expedited review of development applications and permits for such projects.
L.1997,c.233,s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:18A-58 - Report by Pinelands Commission to Governor, Legislature.

13:18A-58 Report by Pinelands Commission to Governor, Legislature.
3. Not later than two years after the effective date of this act, the Pinelands Commission shall prepare and submit a report to the Governor and the Legislature describing the pilot program developed pursuant to this act, evaluating its effectiveness, detailing the expenditure of the funds appropriated pursuant to section 4 of P.L.1997, c.233 and discussing its applicability to other regions of the State. The commission shall also make the report available, upon request, to any municipality in the State.
L.1997,c.233,s.3.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-2 - Findings, declarations

13:19-2. Findings, declarations
2. The Legislature finds and declares that New Jersey's bays, harbors, sounds, wetlands, inlets, the tidal portions of fresh, saline or partially saline streams and tributaries and their adjoining upland fastland drainage area nets, channels, estuaries, barrier beaches, near shore waters and intertidal areas together constitute an exceptional, unique, irreplaceable and delicately balanced physical, chemical and biologically acting and interacting natural environmental resource called the coastal area, that certain portions of the coastal area are now suffering serious adverse environmental effects resulting from existing development activity impacts that would preclude or tend to preclude those multiple uses which support diversity and are in the best long-term, social, economic, aesthetic and recreational interests of all people of the State; and that, therefore, it is in the interest of the people of the State that all of the coastal area should be dedicated to those kinds of land uses which promote the public health, safety and welfare, protect public and private property, and are reasonably consistent and compatible with the natural laws governing the physical, chemical and biological environment of the coastal area.
It is further declared that the coastal area and the State will suffer continuing and ever-accelerating serious adverse economic, social and aesthetic effects unless the State assists, in accordance with the provisions of this act, in the assessment of impacts, stemming from the future location and kinds of developments within the coastal area, on the delicately balanced environment of that area.
The Legislature further recognizes the legitimate economic aspirations of the inhabitants of the coastal area and wishes to encourage the development of compatible land uses in order to improve the overall economic position of the inhabitants of that area within the framework of a comprehensive environmental design strategy which preserves the most ecologically sensitive and fragile area from inappropriate development and provides adequate environmental safeguards for the construction of any developments in the coastal area.
L.1973,c.185,s.2; amended 1993,c.190,s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-5.1 - Issuance of general permit

13:19-5.1. Issuance of general permit
6. Notwithstanding any other provision of law, rule or regulation to the contrary, the commissioner is authorized to issue a general permit in lieu of a permit issued pursuant to section 5 of P.L.1973, c.185 (C.13:19-5). The department shall adopt rules and regulations which identify the activities subject to general permit review, and which establish the criteria for the approval or disapproval of a general permit issued pursuant to this section. The department shall approve, approve with conditions, or disapprove an application for a general permit pursuant to this section in accordance with P.L.1975, c.232 (C.13:1D-29 et al.).
L.1993,c.190,s.6.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-5.2 - Permits not required, conditions.

13:19-5.2 Permits not required, conditions.
7. A permit shall not be required pursuant to section 5 of P.L.1973, c.185 (C.13:19-5) for:
a. A development which has received preliminary site plan approval pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) or a final municipal building or construction permit on or prior to July 19, 1994, or a residential development which has received preliminary subdivision approval or minor subdivision approval on or prior to July 19, 1994 where no subsequent site plan approval is required, provided that, in any of the cases identified above, construction begins within three years of July 19, 1994, and continues to completion with no lapses in construction activity of more than one year. This subsection shall not apply to any development that required a permit pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) prior to July 19, 1994;
b. The reconstruction of any development that is damaged or destroyed, in whole or in part, by fire, storm, natural hazard or act of God, provided that such reconstruction is in compliance with existing requirements or codes of municipal, State and federal law;
c. The enlargement of any development if the enlargement does not result in:
(1) the enlargement of the footprint of the development; or
(2) an increase in the number of dwelling units within the development;
d. The construction of a patio, deck or similar structure at a residential development;
e. Services provided, within the existing public right-of-way, by any governmental entity which involve:
(1) the routine reconstruction, substantially similar functional replacement, or maintenance or repair of public highways;
(2) public highway lane widening, intersection and shoulder improvement projects which do not increase the number of travel lanes; or
(3) public highway signing, lighting, guiderail and other nonintrusive safety projects;
f. The expansion of an existing, functional amusement pier, provided such expansion does not exceed the footprint of the existing, functional amusement pier by more than 25 percent, and provided the expansion is located in the area beyond 150 feet landward of the mean high water line, beach or dune, whichever is most landward; or
g. The enclosure of an establishment offering dining, food services and beverages that was in operation as of December 18, 2000 and is located upon a functional pier, provided the enclosure only includes an open area which was actively used in the operation of the establishment.
A development subject to any exemption provided in this section shall be required to satisfy all other applicable requirements of law.
L.1993,c.190,s.7; amended 2001, c.418.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-5.3 - Waiving of permit requirement

13:19-5.3. Waiving of permit requirement
21. The commissioner may waive the permit requirement for development in the coastal area pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) for any development that involves the grading or excavation of a dune by a governmental agency if the commissioner finds that such a waiver is warranted as a result of a storm, natural disaster or similar act of God.
L.1993,c.190,s.21.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-5.4 - Solar panels not included in certain calculations relative to coastal development.

13:19-5.4 Solar panels not included in certain calculations relative to coastal development.
4. Notwithstanding the provisions of any rule or regulation to the contrary, the department shall not include solar panels in any calculation of impervious surface or impervious cover that may be required as a condition of approval of an application to construct or undertake a development in the coastal area, pursuant to the provisions of P.L.1973, c.185 (C.13:19-1 et seq.).
As used in this section, "solar panel" means an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.
L.2010, c.4, s.4.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-6 - Application for permit

13:19-6. Application for permit
6. Any person proposing to construct or cause to be constructed, or to undertake or cause to be undertaken, as the case may be, a development in the coastal area shall file an application for a permit, if so required pursuant to section 5 of P.L.1973, c.185 (C.13:19-5), with the commissioner, on forms and with any information the commissioner may prescribe. The application shall include an environmental impact statement which shall provide the information needed to evaluate the effects of a proposed development upon the environment of the coastal area. The department shall adopt rules and regulations that set forth the contents required in an environmental impact statement, and the conditions under which the commissioner may vary the content requirements of an environmental impact statement or waive the requirement that an environmental impact statement be submitted.
L.1973,c.185,s.6; amended 1993,c.190,s.8.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-8 - Declaration of completeness of application

13:19-8. Declaration of completeness of application
8. a. Within 20 working days following receipt of an application, the commissioner shall issue a notification to the applicant in writing regarding its completeness. The commissioner may declare the application to be complete for filing or may notify the applicant of specific deficiencies. The commissioner, within 15 days following the receipt of additional information to correct deficiencies, shall issue a notification to the applicant of the completeness of the amended application. The application shall not be considered to be filed until it has been declared complete by the commissioner.
b. The commissioner, within 15 days of declaring the application complete for filing, shall set a date for either a public hearing or a public comment period. The date for the public hearing or the start of the public comment period shall be set not later than 60 days after the application is declared complete for filing.
L.1973,c.185,s.8; amended 1993,c.190,s.9.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-9 - Hearing, comment period

13:19-9. Hearing, comment period
9. a. The commissioner, or a member of the department designated by the commissioner, may hold a hearing to afford interested parties the opportunity to present, orally or in writing, their position concerning the filed application and any data they may have developed in reference to the environmental or other relevant effects of the proposed development. The department shall adopt rules and regulations which set forth the conditions under which a hearing is to be held. If no hearing is held, the department shall provide for a 30-day comment period and shall provide sufficient public notice as to the commencement of the comment period.
b. The commissioner, within 15 days after the hearing, if one is held, or 15 days after the close of the comment period if no hearing is held, may require an applicant to submit any additional information necessary for the complete review of the application.
c. The department shall approve, approve with conditions, or disapprove an application for a permit pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) within 60 days after the hearing, if one is held, or within 60 days after the close of the comment period if no hearing is held. In the event the commissioner requires additional information as provided in subsection b. of this section, the department shall approve, approve with conditions, or disapprove an application within 90 days following receipt of the additional information.
L.1973,c.185,s.9; amended 1979,c.86,s.3; 1993,c.190,s.10.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-10 - Review of applications; required findings.

13:19-10 Review of applications; required findings.
10. The commissioner shall review filed applications, including any environmental impact statement and all information presented at public hearings or during the comment period, or submitted during the application review period. A permit may be issued pursuant to this act only upon a finding that the proposed development:
a. Conforms with all applicable air, water and radiation emission and effluent standards and all applicable water quality criteria and air quality standards.
b. Prevents air emissions and water effluents in excess of the existing dilution, assimilative, and recovery capacities of the air and water environments at the site and within the surrounding region.
c. Provides for the collection and disposal of litter, recyclable material and solid waste in such a manner as to minimize adverse environmental effects and the threat to the public health, safety, and welfare.
d. Would result in minimal feasible impairment of the regenerative capacity of water aquifers or other ground or surface water supplies.
e. Would cause minimal feasible interference with the natural functioning of plant, animal, fish, and human life processes at the site and within the surrounding region.
f. Is located or constructed so as to neither endanger human life or property nor otherwise impair the public health, safety, and welfare.
g. Would result in minimal practicable degradation of unique or irreplaceable land types, historical or archeological areas, and existing public scenic attributes at the site and within the surrounding region.
h. Provides, pursuant to standards established by rule or regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), on-site public access to the waterfront and adjacent shoreline, or off-site public access to the waterfront and adjacent shoreline if on-site public access is not feasible as determined by the department. Nothing in this subsection shall be construed to abrogate or otherwise affect any public access obligations or requirements of any permit, administrative order, consent decree, or court order in effect prior to the effective date of P.L.2015, c.260.
L.1973, c.185, s.10; amended 1993, c.190, s.11; 2015, c.260, s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-10.1 - Wind dependent energy facilities, construction on piers, certain circumstances; permitted.

13:19-10.1 Wind dependent energy facilities, construction on piers, certain circumstances; permitted.
1. a. Notwithstanding the provisions of any rule or regulation adopted pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) to the contrary, construction of a wind dependent energy facility shall not be prohibited within 500 feet of the mean high water line of tidal waters on a pier pursuant to P.L.1973, c.185, provided that (1) the permit application filed with the department meets all other criteria established by P.L.1973, c.185, any rules and regulations adopted pursuant thereto, and any other applicable law, rule or regulation, and (2) the wind dependent energy facility is an accessory use to the other uses of, or purposes for, the pier.
b. Within 30 days after the date of enactment of this act, and notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the department shall adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as deemed necessary to implement the provisions of this act which shall be effective for a period not to exceed 12 months and shall thereafter be amended, adopted or readopted in accordance with the provisions of P.L.1968, c.410.
L.2011, c.20, s.1.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-11 - Grounds for denial of permit application; conditional permit; approval of nuclear electricity generating facility

13:19-11. Grounds for denial of permit application; conditional permit; approval of nuclear electricity generating facility
11. Notwithstanding the applicant's compliance with the criteria listed in section 10 of P.L.1973, c.185 (C.13:19-10), if the commissioner finds that the proposed development would violate or tend to violate the purpose and intent of this act as specified in section 2 of P.L.1973, c.185 (C.13:19-2), or that the proposed development would materially contribute to an already serious and unacceptable level of environmental degradation or resource exhaustion, the commissioner may deny the permit application, or the commissioner may issue a permit subject to such conditions as the commissioner finds reasonably necessary to promote the public health, safety and welfare, to protect public and private property, wildlife and marine fisheries, and to preserve, protect and enhance the natural environment. The construction and operation of a nuclear electricity generating facility shall, however, not be approved by the commissioner unless the commissioner finds that the proposed method for disposal of radioactive waste material to be produced or generated by the facility will be safe, conforms to standards established by the Nuclear Regulatory Commission and will effectively remove danger to life and the environment from such waste material.
L.1973,c.185,s.11; amended 1993,c.190,s.12.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:19-11.1 - Low, moderate income housing, no conditions for

13:19-11.1. Low, moderate income housing, no conditions for
1. Notwithstanding the provisions of any rule or regulation to the contrary, the department shall not require the provision for low and moderate income housing as a condition for approval of an application to construct or undertake a development in the coastal area pursuant to the provisions of P.L.1973, c.185 (C.13:19-1 et seq.).
L.1986,c.145,s.1; amended 1993,c.190,s.13.