reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 10 - CONFIDENTIALITY AND TRADE SECRETS › Section 7:31-10.9 - Disclosure of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information to a person other than a Department employee, agent or administrative law judge only as provided in this section.
(b) The Department may disclose confidential information to any other governmental agency if:
1. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the other agency;
2. The request sets forth the official purpose for which the information is needed;
3. The Department notifies the other agency of the Department's determination that the information is entitled to confidential treatment, or of any unresolved confidentiality claim covering the information;
4. The other governmental agency has first furnished to the Department a written formal legal opinion from the agency's chief legal officer or counsel stating that under applicable law the agency has the authority to compel the person who submitted the information to the Department to disclose such information to the other agency;
5. The other agency agrees not to disclose the information further unless;
i. The other agency has statutory authority both to compel production of the information and to make the proposed disclosure; or
ii. The other agency has obtained the consent of the affected registrant to the proposed disclosure; and
6. The other agency has adopted regulations or operates under statutory authority that will allow it to preserve confidential information from unauthorized disclosure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 10 - CONFIDENTIALITY AND TRADE SECRETS › Section 7:31-10.10 - Wrongful access or disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not disclose, seek access to, obtain or have possession of any confidential information obtained pursuant to the Act or this chapter, except as authorized by this subchapter.
(b) Every Department employee or agent who has custody or possession of confidential information shall take appropriate measures to safeguard such information and to protect against its improper disclosure.
(c) A Department employee or agent shall not disclose, or use for his or her private gain or advantage, any information which came into his or her possession, or to which he or she gained access, by virtue of his or her official position of employment or contractual relationship with the Department.
(d) If the Department finds that any person has violated the provisions of this subchapter, it may:
1. Commence a civil action in Superior Court for a restraining order and an injunction barring that person from further disclosing confidential information; and
2. Pursue any other remedy available by law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 10 - CONFIDENTIALITY AND TRADE SECRETS › Section 7:31-10.11 - Use of confidential information in rulemaking, reviewing extraordinarily hazardous substance accident risk assessment reports and risk management programs, and enforcement proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding any other provisions of this subchapter, the Department may use confidential information in the development of the TCPA program rules, in the review and preparation of documents approving or withholding approval of extraordinarily hazardous substance accident risk assessment reports and risk management programs, and in the preparation of enforcement documents and during enforcement proceedings.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 11 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:31-11.1 - Authority and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall govern the Department's assessment of civil administrative penalties for violations of the Toxic Catastrophe Prevention Act, 13:1K-19 et seq., including violations of any rule, consent agreement or administrative order issued pursuant to the Toxic Catastrophe Prevention Act. This subchapter shall also govern the procedures for requesting an adjudicatory hearing on a notice of civil administrative penalty assessment, an administrative order, a written notice from the Department withholding approval of a new covered process, or a certified letter denying a confidentiality claim or denying a petition to withhold privileged trade secret or security information.
(b) Neither the assessment of a civil administrative penalty nor the payment of any such civil administrative penalty shall be deemed to affect the availability of any other enforcement provision provided for by 13:1K-30 or any other statute, in connection with the violation for which the assessment is levied.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 11 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:31-11.2 - Procedures for issuance of administrative orders and assessment of civil administrative penalties and payment of such penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For violation of the Act or any rule, consent agreement, information request, access request, or order promulgated or issued pursuant to the Act, the Department shall, by issuance of an administrative order and/or notice of civil administrative penalty assessment, notify the violator using certified mail (return receipt requested) or personal service. The Department may, in its discretion, require cessation of violation and/or assess a civil administrative penalty for more than one offense in a single administrative order and/or notice of civil administrative penalty assessment or in multiple administrative orders and/or notices of civil administrative penalty assessment. This administrative order and/or notice of civil administrative penalty assessment shall:
1. Identify the section of the Act, rule, consent agreement, information request, or access request, or order violated;
2. Concisely state the facts which constitute the violation;
3. For any violation still continuing, order such violation to cease;
4. Specify the amount of the civil administrative penalty to be imposed, if any; and
5. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedures in 7:31-11.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 11 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:31-11.3 - Procedures to request an adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 20 calendar days from receipt of an administrative order and/or a notice of civil administrative penalty assessment issued pursuant to the Toxic Catastrophe Prevention Act, the violator may request an adjudicatory hearing to contest such administrative order and/or penalty assessment by submitting a written request to the Department which shall include the following information:
1. The name, address, and telephone number of the violator and his or her authorized representative, if any;
2. The Department's identification number for the covered process as specified in the owner or operator's registration form (if applicable);
3. The violator's defenses to each of the Department's findings of fact stated in short and plain terms;
4. An admission or denial of each of the Department's findings of fact. If the violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the violator shall so state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. When the violator intends in good faith to deny only a part or a qualification of a finding, the violator shall specify so much of it as is true and material and deny only the remainder. The violator may not generally deny all of the findings but shall make all denials as specific denials of designated findings. For each finding the violator denies, the violator shall allege the fact or facts as the violator believes it or them to be;
5. Information supporting the request and specific reference to or copies of other written documents relied upon to support the request;
6. An estimate of the time required for the hearing (in days and/or hours); and
7. A request, if necessary, for a barrier-free hearing location for disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 11 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:31-11.4 - Civil administrative penalty determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation of the Toxic Catastrophe Prevention Act or any rule, consent agreement or administrative order issued pursuant thereto, shall constitute an additional, separate and distinct offense.
(b) If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense.
(c) The Department shall determine the amount of the civil administrative penalty for the offenses described in Table III below on the basis of the category of offense, the frequency of the violation, the type of violation as minor (M) or non-minor (NM), and the applicable grace period if the violation is minor, as follows:
Click to view Table III
.
(d) The Department may assess a civil administrative penalty for a violation of the Toxic Catastrophe Prevention Act and for violations of any rule, consent agreement or administrative order adopted or issued pursuant thereto, for which no penalty amount is specified under (c) above, according to the following:
1. The Department shall assess a penalty in an amount not to exceed the following:
i. $ 10,000 for the first offense;
ii. $ 20,000 for the second offense;
iii. $ 50,000 for the third and each subsequent offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 11 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:31-11.5 - Grace period applicability; procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation identified in the penalty table at 7:31-11.4(c)  Table III by an "M" in the Type of Violation column and for each violation determined under 7:31-11.4(d)  as minor, for which conditions at (c) below are satisfied, is a minor violation and is subject to a grace period, the length of which (in days) is indicated in the column with the heading "Grace Period."
(b) Each violation identified in the penalty table at 7:31-11.4(c)  Table III by an "NM" in the Type of Violation column is a non-minor violation and is not subject to a grace period.
(c) The Department shall provide a grace period for any violation identified as minor under this section, provided that the following conditions are met:
1. The violation is not the result of the purposeful, knowing, reckless or criminally negligent conduct of the person responsible for the violation;
2. The activity or condition constituting the violation has existed for less than 12 months prior to the date of discovery by the Department or local government agency;
3. The person responsible for the violation has not been identified in a previous enforcement action by the Department or a local government agency as responsible for the same or a substantially similar violation at the same stationary source within the preceding 12-month period; and
4. The person responsible for the violation has not been identified by the Department or a local government agency as responsible for the same or substantially similar violations at any time that reasonably indicate a pattern of illegal conduct and not isolated incidents on the part of the person responsible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 35 - REAL PROPERTY TAXATION OF RECREATION AND CONSERVATION LANDS OWNED BY NONPROFIT ORGANIZATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:35-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
To help satisfy the acute need in New Jersey for natural open space areas for public recreation and conservation purposes, the Legislature has found that it is "in the public interest to encourage the dedication of privately-owned open space to public use and enjoyment." (54:4-3.6 3 et seq.). These rules are supplemental to and not in derogation of existing tax laws.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 35 - REAL PROPERTY TAXATION OF RECREATION AND CONSERVATION LANDS OWNED BY NONPROFIT ORGANIZATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:35-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the content clearly indicates otherwise.
"Act" means P.L. 1974, c. 167, an act concerning exemption from taxation of real property owned by certain nonprofit corporations ( 54:4-3.6 3 et seq.).
"Application" means a request to the Department, filed in accordance with this chapter, for certification of eligibility for tax exemption on one parcel or a unified group of parcels intended for similar use.
"Certification of eligibility for tax exemption" means establishment by the Commissioner of eligibility for exemption pursuant to the provisions of the Act and this chapter.
"Change of use" means a use of land or property for other than recreation and conservation purposes.
"Commissioner" means the Commissioner of the Department of Environmental Protection or his or her designated representative.
"Department" means the New Jersey Department of Environmental Protection.
"Land" or "lands" means real property, including any improvement, right-of-way, water, riparian and other rights, easements, privileges, and any other rights or interests in, relating to, or connected with real property.
"Nonprofit organization" means an organization or corporation that has applied for and received a determination letter from the U.S. Department of Treasury granting exemption from Federal income tax under Section 501(c)(3) of the Federal Internal Revenue Code.
"Parcel" means a piece of land with designated boundaries. A parcel may include multiple tax lots.
"Pretax year" means the year in which the nonprofit organization submits an application to the Department. The pretax year is the year prior to the year in which tax exemption is requested to begin.
"Program" means the Tax Exemption Program.
"Property" means land that is the subject of an application for tax exemption or land that has been certified as eligible for tax exemption.
"Public use" means a use or right of use available to the general public or some portion thereof for recreation and conservation purposes.
"Recreation and conservation purposes" means the use of lands for beaches, biological or ecological study, boating, camping, fishing, forests, greenways, hunting, natural areas, parks, playgrounds, protecting historic properties, water reserves, watershed protection, wildlife preserves, active sports, or a similar use for either public outdoor recreation or conservation of natural resources, or both.
"Roll-back taxes" means taxes in an amount equal to the taxes that would have been payable on the property had it not been tax exempt, in the current tax year (the year of sale or change of use) and in each of the two tax years immediately preceding the current tax year during which the real property was exempt, with interest compounded at eight percent annually pursuant to 54:4-3.6 9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 35 - REAL PROPERTY TAXATION OF RECREATION AND CONSERVATION LANDS OWNED BY NONPROFIT ORGANIZATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:35-1.3 - Eligible organizations

Current through Register Vol. 56, No. 14, July 15, 2024
Any nonprofit organization that qualifies for exemption from Federal income tax under Section 501(c)(3) of the Federal Internal Revenue Code and that owns land in the State of New Jersey and makes that land available for public use for recreation and conservation purposes is eligible to make application under this program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 35 - REAL PROPERTY TAXATION OF RECREATION AND CONSERVATION LANDS OWNED BY NONPROFIT ORGANIZATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:35-1.4 - Eligible real property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for tax exemption, real property must meet the following criteria:
1. The property must be a natural open space area not dominated by buildings or other structures. Any buildings or structures that are present must be used exclusively for, or in support of, recreation and conservation purposes, otherwise the buildings or structures and the portion of the property immediately around them shall not be eligible for tax exemption;
2. The property must be maintained and operated for the benefit of the public and be open for public use on an equal basis;
3. Tax exemption must be determined by the Commissioner to be in the public interest;
4. Fees charged for entrance onto or use of the property, if any, must be determined by the Commissioner to be non-discriminatory and reasonable; and
5. Restrictions on the use of the property by the public, if any, must be determined by the Commissioner to be necessary for proper maintenance and improvement of the property or because significant natural features of the property may be adversely affected by unrestricted access.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 35 - REAL PROPERTY TAXATION OF RECREATION AND CONSERVATION LANDS OWNED BY NONPROFIT ORGANIZATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:35-1.5 - Program information and forms; address for submission

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise specified, information about the Program and application forms are available from, and any questions and all submissions required under this chapter should be directed to: Green Acres Program - Tax Exemption, New Jersey Department of Environmental Protection, 501 East State Street, P.O. Box 412, Trenton, NJ 08625-0412; 609-984-0500;
www.nj.gov/dep/greenacres
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 35 - REAL PROPERTY TAXATION OF RECREATION AND CONSERVATION LANDS OWNED BY NONPROFIT ORGANIZATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:35-1.6 - Application procedures for initial certification of eligibility for tax exemption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for initial certification of eligibility for tax exemption must submit to the Department the following documents by August 1 of the pretax year; however, it is preferred that applicants submit the documents by May 15 of the pretax year:
1. The Department's Application for Real Property Tax Exemption, with original signatures. This application form shall:
i. Identify the owner of the property;
ii. Provide site information including municipality, county, block and lot; identify flora, fauna, adjacent land use, and facilities on the property;
iii. Describe the public use, means of access, fees for use, and restrictions;
iv. Provide a detailed maintenance, policing, and preservation plan for the property;
v. Indicate the name and contact information for the municipal tax assessor and official advertising newspaper of the municipality in which the property is located;
vi. Include a statement releasing the State of New Jersey from any liability that may arise from the public use of the property;
vii. Provide supporting documentation to demonstrate the nonprofit status of the applicant organization and its legal ownership of the property; and
viii. Provide an affidavit signed by the officer of the nonprofit organization attesting to the veracity of the information supplied in the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 35 - REAL PROPERTY TAXATION OF RECREATION AND CONSERVATION LANDS OWNED BY NONPROFIT ORGANIZATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:35-1.7 - Application procedures for recertification of eligibility for tax exemption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once the Department has certified a property as eligible for tax exemption, the nonprofit organization shall submit to the Department the following document(s) not later than April 15 of every third year succeeding the year of initial certification of eligibility:
1. The New Jersey Department of the Treasury, Division of Taxation Further Statement of Organization Claiming Property Tax Exemption (Form F.S. Rev. April 2002 as may be supplemented or revised), in accordance with
54:4-4.4
and
54:4-3.68
, available from the Department of the Treasury, Division of Taxation web site at
http://www.state.nj.us/treasury/taxation/pdf/other_forms/lpt/further.pdf
or from the Green Acres Program web site at
www.nj.gov/dep/greenacres
, with original signature; and
2. If the Department determines or it has been reported on the Further Statement of Organization Claiming Property Tax Exemption that there have been physical and/or use changes, or property ownership changes/dispositions, then the nonprofit organization shall also submit to the Department the Department's Application for Recertification of Exemption from Real Property Taxes, with original signatures; the Department's Property Use Analysis form; and all other documents as specified at 7:35-1.6(a)4  through and including 8.
i. The Property Use Analysis form shall include the following information:
(1) The application number (previously assigned by the Department during the initial certification process);
(2) The name of the preserve (if any);
(3) The municipality and county in which the property is located;
(4) The block number(s), lot number(s), and acreage(s) of the parcel(s) that is the subject of the application;
(5) A description of the public use(s) of the property, including number of visitors and frequency of visits;
(6) Active and/or passive recreational/conservation activities available on the property;
(7) A description and an explanation of the restrictions (if any) on the public uses of the property;
(8) A list of the building(s), if any, on the property and the use(s) of such building(s);
(9) Actions taken by the applicant to further the public benefit of the property;
(10) A description of changes to the property;
(11) A copy of the tax map indicating the property;
(12) A project location map (street map or other similar map) showing the location of the property and public access points; and
(13) Recent photographs(s) of Green Acres Tax Exemption Program sign posted on the property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 35 - REAL PROPERTY TAXATION OF RECREATION AND CONSERVATION LANDS OWNED BY NONPROFIT ORGANIZATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:35-1.8 - Change of use or ownership

Current through Register Vol. 56, No. 14, July 15, 2024
If property which is exempted under the provisions of the Act or this chapter is applied to a use other than public recreation and conservation purposes, or is sold or otherwise transferred to an entity that is not a nonprofit organization, the applicant shall immediately notify the Department and the municipal tax assessor. That property shall no longer be eligible for tax exemption under this Act and shall be subject to roll-back taxes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 35 - REAL PROPERTY TAXATION OF RECREATION AND CONSERVATION LANDS OWNED BY NONPROFIT ORGANIZATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:35-1.9 - Save harmless liability

Current through Register Vol. 56, No. 14, July 15, 2024
The nonprofit organization, its servants, licensees, agents or invitees shall accept all liability arising out of the use of the tax exempt property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 35 - REAL PROPERTY TAXATION OF RECREATION AND CONSERVATION LANDS OWNED BY NONPROFIT ORGANIZATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:35-1.10 - Amendments

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner, in consultation with the Director of the Division of Taxation, shall have the power to adopt, amend and repeal these administrative rules to effectuate the purposes of the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:36-1.1 - Purposes and objectives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is promulgated for the following purposes:
1. To implement the purposes and objectives of the Green Acres laws in order to help ensure that there is access to and an adequate supply of lands for either public outdoor recreation or conservation of natural resources, or both. Green Acres shall assist local government units and nonprofits in their efforts to increase and preserve permanent outdoor recreation areas for public use and enjoyment, and conservation areas for the protection of natural resources such as waterways, wildlife habitat, wetlands, forests, and viewsheds;
2. To establish the procedures by which the Department will provide Green Acres funding in the form of loans or matching grants, or both, to local government units, and matching grants to nonprofits, to acquire lands that have significant recreation and conservation attributes and to preserve natural resources for the current population and future citizens of the State;
3. To establish the procedures by which the Department will provide Green Acres funding in the form of loans or matching grants, or both, to local government units, and matching grants to nonprofits, for the development of land to provide outdoor recreation opportunities for the current population and future citizens of the State;
4. To establish the procedures by which the Department will ensure that lands acquired or developed with Green Acres funding, and all other lands held by a local government unit for recreation and conservation purposes at the time the local government unit received Green Acres funding, permanently remain in use for recreation and conservation purposes; and
5. To establish the procedures and standards for the limited circumstances under which a local government unit or a nonprofit may obtain the prior approval of the Commissioner and the State House Commission to use, for other than outdoor recreation and conservation purposes, those lands it holds that are subject to Green Acres restrictions, and the compensation requirements for such approvals.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:36-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter constitutes the Department's rules, under the Green Acres laws, governing the award of loans or matching grants, or both, to local government units for the acquisition or development of land, and 50 percent matching grants to nonprofits for the acquisition or development of land, for outdoor recreation and conservation purposes. These rules establish project eligibility requirements, application requirements, funding award categories and criteria, matching grant and loan terms, and program administrative requirements. The rules also contain procedures for the disposal, or diversion to a use other than recreation and conservation, of those lands acquired or developed with Green Acres funding or otherwise encumbered with Green Acres restrictions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:36-1.4 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter is declared ineffective or invalid by any court of competent jurisdiction, that provision shall be severed and all remaining provisions shall continue in full force and effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:36-1.5 - Program information; address for submissions

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise specified, any questions arising from, and all submissions required under this chapter should be directed to the Green Acres Program, New Jersey Department of Environmental Protection, PO Box 412, 501 East State Street, Trenton, New Jersey 08625-0412; 609-984-0500. Additional information about Green Acres, and certain forms and guidance documents, are also available on the Department's website at
www.nj.gov/dep/greenacres
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:36-1.6 - Relaxation of procedural requirements

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may, in its discretion and if consistent with Green Acres laws, relax the strict application of any of the administrative or procedural requirements of in this chapter when necessary and in the public interest, for good cause shown. Such authority does not extend to statutory requirements, legislative mandates, or substantive requirements of the chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:36-1.7 - Tax covenant provision

Current through Register Vol. 56, No. 14, July 15, 2024
All or a portion of the funding from the Garden State Preservation Trust (GSPT) may be derived from the proceeds of tax-exempt bonds issued from time to time by the State for acquisition and development projects for recreation and conservation purposes. Therefore, a local government unit or nonprofit that has been awarded GSPT funding shall not take or permit any action, or fail to take any action, that would cause the interest on such bonds to be treated as taxable for Federal income tax purposes pursuant to Section 103 of the United States Internal Revenue Code (the Code) or subject to the Alternative Minimum Tax under Section 57 of the Code. Additionally, a local government unit or nonprofit cannot use or permit the use of the proceeds of the bonds in such a way that would cause the bonds to be arbitrage bonds within the meaning of Section 148(a) of the Code.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 3 - LOCAL GOVERNMENT UNIT PROJECTS: ELIGIBILITY OF LOCAL GOVERNMENT UNIT APPLICANTS › Section 7:36-3.1 - Eligible applicants

Current through Register Vol. 56, No. 14, July 15, 2024
Any local government unit that has the authority to enter into a project agreement with the Department and to fulfill the financial obligations imposed under the project agreement, this chapter and the Green Acres laws is eligible to apply for Green Acres funding, unless the local government unit is ineligible under 7:36-3.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 3 - LOCAL GOVERNMENT UNIT PROJECTS: ELIGIBILITY OF LOCAL GOVERNMENT UNIT APPLICANTS › Section 7:36-3.2 - Ineligible applicants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are ineligible to apply for Green Acres funding:
1. Any school board, educational institution, detention and/or rehabilitation institution, parking authority, housing authority, or similar public agency without primary recreation and conservation responsibilities;
2. Any local government unit that is in default on any prior obligation to the State;
3. Any local government unit that has not demonstrated reasonable progress in completing a previously approved Green Acres project or is not in compliance with the requirements of this chapter, such as by not maintaining its funded parkland in accordance with the terms of a project agreement; and
4. Any local government unit that does not currently provide, or have active plans to provide, public access to the waterfront and to tidally flowed and dry sand areas subject to the Public Trust Doctrine, consistent with the requirements of the Coastal Zone Management Rules at N.J.A.C. 7:7-16.9 and governing law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 4 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-4.2 - Eligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Land for recreation and conservation purposes, as defined at 7:36-2.1, is eligible for acquisition with Green Acres funding. An acquisition project may include the purchase of, for example:
1. Ocean, bay and/or river waterfront, or a lake, pond, beach or stream that provides opportunity for physical and visual public access, swimming, water sports, fishing and/or boating;
2. A natural area such as a wildlife preserve, forest and/or wetland that provides opportunity for conservation, nature observation, water quality and water supply protection, camping and/or hiking;
3. An historic property; or
4. Land suitable for playgrounds, athletic fields, and other types of active and passive outdoor recreation facilities or opportunities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 4 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-4.3 - Ineligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following types of acquisition projects are not eligible for Green Acres funding:
1. Any site to be purchased in fee simple to which public access is not provided, unless the Commissioner determines that public accessibility would pose an unacceptable risk to the land or to any natural resources associated with the land;
2. Any permanent conservation restriction or historic preservation restriction not consistent with 7:36-4.7;
3. Any structure that will not be used in support of outdoor recreation and conservation purposes or demolished to create open space, in accordance with 7:36-4.4;
4. Any site that is, or is intended to be, used as a public road right-of-way;
5. Any site with uninsurable or unmarketable title; or
6. Any site that is already permanently preserved for recreation and conservation purposes, as determined by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 4 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-4.4 - Acquisition of structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit may use Green Acres funding to acquire an improved property and structure(s) that the local government unit shall maintain and operate for recreation and conservation purposes to support the use of an outdoor recreation or conservation facility or area.
(b) Within six months of acquiring land as part of a Green Acres project, the local government shall inspect the project site for the presence of any structures thereon that are or may be historic properties. Within 60 days after completion of the inspection, the local government unit shall provide to Green Acres and the Department's Historic Preservation Office (at PO Box 404, Trenton, New Jersey 08625-0404):
1. A written notice of its findings; and
2. For any structure discovered on the project site that is or may be an historic property, a request for determination of potential eligibility for inclusion of the historic structure in the New Jersey Register of Historic Places. Whenever such a structure is discovered, a copy of the written notice provided to the Historic Preservation Office shall also be sent to Green Acres, the New Jersey Historic Trust, and to the county historical commission or advisory committee, the county historical society, the local historic preservation commission or advisory committee, and the local historical society if any of those entities exist in the county or municipality wherein the project site is located.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 4 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-4.5 - Acquisition of waterfront land

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For an acquisition potentially involving a riparian interest, a local government unit shall contact the Department's Bureau of Tidelands Management to determine the State's interest or claim in the proposed project site before a local government unit submits an application for Green Acres funding.
(b) An interest in State-owned tidelands may be acquired from the Tidelands Resource Council, established under 13:1B-10, with Green Acres funding or, where the State previously conveyed its ownership of certain tidelands, those tidelands may be acquired from private owners.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 4 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-4.6 - Acquisition of agricultural lands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit may apply for Green Acres funding to acquire farmland for recreation and conservation purposes when there is a willing seller, the property is on the market, the property is the subject of a pending or approved subdivision or site plan application for non-farm purposes, the property is under contract of sale for non-farm purposes, or the property is integral to the project.
(b) If farmland is located within an Agricultural Development Area established under the 1983 Agriculture Retention and Development Act, 4:1C-11 et seq., at the time of application for Green Acres funding, the local government unit shall demonstrate that the owner of the farmland has not applied to sell the farmland or a development easement to the State or county in accordance with that Act, or that the owner has applied to sell the farmland or a development easement and the application was not approved.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 4 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-4.7 - Acquisition of conservation restrictions or historic preservation restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit may acquire a permanent conservation restriction with Green Acres funding, provided the restriction fulfills a public need or serves a compelling public purpose, as determined by Green Acres, by:
1. Providing for meaningful public access;
2. Providing significant benefits to other contiguous public parkland that provides public access; or
3. Providing for the acquisition of those rights necessary to serve as a necessary buffer or protective area to existing permanent open space or to a unique natural area or wildlife habitat.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 4 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-4.8 - Matching share; donations toward the cost of acquisition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Garden State Preservation Trust approves a matching grant to a local government unit, the local government unit may use as its matching share of the cost of acquisition, its own funds or any grant, contribution, donation of funds, or reimbursement from State or Federal programs or from any other public or private source, except as described at (c) below.
(b) A local government unit may use as its matching share of the cost of acquisition, the value of land donated to the local government unit, in whole or in part, within the project site, except as provided in (c) below. For the purposes of this subsection, the value of a donation of land is the difference between the eligible land cost and the purchase price of a parcel of land.
1. The land donated to the local government unit must be eligible for funding under 7:36-4.2 and its acquisition by the local government unit must comply with all of the requirements of this chapter; and
2. The local government unit must use the donated land value as its matching share of the cost of acquisition of another parcel within the project site within two years after either it acquires the donated land or the Garden State Preservation Trust approves the project, whichever is later.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 4 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-4.9 - Acquisition by condemnation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit may use Green Acres funding to acquire land by condemnation in accordance with the Eminent Domain Act of 1971, 20:3-1 et seq.
(b) A local government unit should not institute condemnation proceedings for any parcel within the proposed project site unless it has received approval of its application under 7:36-8.1 and the notification of eligible land cost under 7:36-8.4, or an at-risk authorization under 7:36-6.3.
(c) If an appraisal submitted to Green Acres under 7:36-8.3 must be updated for a condemnation proceeding, the local government unit shall comply with the appraisal procedures contained in 7:36-8.3 in the performance of the updated appraisal.
(d) When a local government unit condemns a project site, Green Acres will consider the condemnation award to be the updated eligible land cost. For purposes of this section, a condemnation award is the value established by the court through the Condemnation Commissioners or a jury; it does not include a Consent Judgment or other negotiated settlement.
(e) The local government unit may request supplemental funding under 7:36-9.3 if a condemnation award exceeds the eligible land cost established pursuant to 7:36-8.4.
(f) The local government unit must submit a copy of the final judgment of condemnation as part of the request for disbursement of funds under 7:36-9.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 4 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-4.10 - Allowable project costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For an acquisition project, the following costs are allowable, provided the local government unit incurs such costs in conformance with all applicable laws, including the Local Public Contracts Law, 40A:11-1 et seq.:
1. Costs that a local government unit incurs to acquire title or permanent interest in the project site, up to the greater of either:
i. The eligible land cost; or
ii. The purchase price, up to the hypothetical land value;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 5 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: FUNDING AWARD CATEGORIES › Section 7:36-5.1 - Funding award categories

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Garden State Preservation Trust awards Green Acres funding to local government units for acquisition projects in the four funding award categories set forth in (b) through (e) below.
(b) A Planning Incentive acquisition project is the purchase of a project site by a Qualifying Open Space Referendum County or Qualifying Open Space Referendum Municipality that has an Open Space and Recreation Plan. A Planning Incentive acquisition project is funded by a matching grant of up to 50 percent of the cost of acquisition. If funds are available, a Planning Incentive acquisition project also shall be eligible for a low-interest (not more than two percent) loan to supplement the matching grant.
1. The Garden State Preservation Trust may authorize an increase in the State's share of the cost to a maximum of a matching grant of up to 75 percent of the cost of acquisition, upon a demonstration of special need or exceptional circumstances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 6 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 7:36-6.1 - Timing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit may submit an application for Green Acres funding at any time.
(b) At least two times each State fiscal year, the Department shall rank and evaluate all applications deemed complete in accordance with 7:36-7.2 and shall submit to the Garden State Preservation Trust a list of projects that the Department recommends to receive funding in accordance with 7:36-8.1.
(c) At least two times each State fiscal year, the Garden State Preservation Trust shall approve projects from the list described at (b) above and shall prepare and submit for introduction in the Legislature proposed legislation appropriating moneys to fund the approved projects.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 6 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 7:36-6.2 - Preapplication procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department encourages local government units to attend a Green Acres sponsored informational workshop, when offered, and to request a preapplication conference with Green Acres as early as possible, prior to application submission, to discuss project eligibility, award criteria and application and project administration requirements.
(b) The local government unit shall hold a public hearing on the proposed acquisition project before it submits its application for Green Acres funding.
1. The local government unit shall publish a notice of the public hearing in the official newspaper of the municipality in which the proposed project site is located, and, if the local government unit is a county, also in a newspaper of general circulation. The hearing must be advertised as a display ad at least 15 days before the hearing. The hearing notice must specifically reference the proposed Green Acres acquisition application.
2. The public hearing must be held in the evening, and may be held as part of a public meeting, as long as the hearing is properly advertised. Only the proposed acquisition project, and other proposed Green Acres projects, if any, shall be the subject matter of the public hearing.
3. The elected governing body of the local government unit shall conduct the public hearing on the proposed acquisition application.