Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:19-24. Definitions 3. As used in this act: "Department" means the Department of Environmental Protection. "Program volunteer" means any group, organization, business, or individual who has adopted a section of beach or shore for cleanup in accordance with this act. L.1992,c.21…

13:19-25. Establishment of "Adopt a Beach" program 4. The department shall, within 180 days of the effective date of this act, establish an "Adopt a Beach" program. The purpose of the program shall be to utilize volunteer labor in a cooperative effort with State and local governm…

13:19-26. Duties of department 5. a. The department shall: (1) Develop a packet of information and instructions, and, within the limits of funds made available therefor, provide cleanup supplies, for use by program volunteers in cleaning up beaches and shores in accordance with t…

13:19-27. Notification to department; assignment of section of beach, shore 6. a. Any group, organization, business, or individual interested in adopting a section of beach or shore for cleanup in accordance with this act shall notify the department. Such notification may include…

13:19-28. Other cleanup activities permitted 7. Nothing in this act shall be construed to prohibit any person from cleaning up any section of beach or shore, regardless of whether or not it has been adopted for cleanup in accordance with this act. L.1992,c.213,s.7.

13:19-29. Immunity; waiver; volunteers not considered public employees 8. a. No department, agency, bureau, board, commission, authority, or other entity of the State, or of any county or municipality, and no employee thereof, shall be liable to any person for any injury or damag…

13:19-3 Definitions. 3. As used in this act: "Beach" means a gently sloping unvegetated area of sand or other unconsolidated material found on tidal shorelines, including ocean, inlet, bay and river shorelines, and that extends landward from the mean high water line to either: th…

13:19-30. Donations 9. Any person may donate to the department, or to a county or municipality, funds, supplies, or services for use in the "Adopt a Beach" program, and the department and any county or municipality are authorized to accept such donations. L.1992,c.213,s.9.

13:19-31. Findings, declarations, determinations 1. The Legislature finds and declares that the New Jersey shore is a valuable environmental and economic resource, and that every effort should be made to ensure the continued viability of the shoreline; that periodic storms threat…

13:19-32. DEP guidance document on federal aid, availability; "coastal municipality" defined 2. a. The Department of Environmental Protection shall prepare a guidance document which provides information to coastal municipalities on eligibility requirements for receiving federal m…

13:19-33 Transport, dumping of certain dredged materials in certain ocean sites prohibited. 1. a. The Department of Environmental Protection shall not permit or otherwise authorize the transport in State waters of dredged material for the purpose of placing or dumping of such mat…

13:19-34 Findings, declarations relative to coastal, ocean resources. 1. The Legislature finds and declares that: a. The quality of life and strength of the economy in New Jersey are challenged by persistent threats to the health and vitality of one of the State's most cherished …

13:19-35 "Ecosystem-based management" defined. 2. As used in this act, "ecosystem-based management" means an integrated approach to management that integrates biological, social, and economic factors into a comprehensive strategy aimed at protecting, restoring, and enhancing the …

13:19-36 New Jersey Coastal and Ocean Protection Council. 3. a. There is established in the Department of Environmental Protection the New Jersey Coastal and Ocean Protection Council. b. The council shall consist of nine members as follows: (1) the Commissioner of Environmental P…

13:19-37 Powers, duties, responsibilities of council. 4. a. The council shall have the following powers, duties, and responsibilities: (1) to request from the commissioner any information concerning ecosystem-based management as it may deem necessary; (2) to consider any matter r…

13:19-4. "Coastal area" defined 4. The "coastal area" shall consist of all that certain area lying between the line as hereinafter described and the line formed by the State's seaward (Raritan Bay and Atlantic Ocean) territorial jurisdiction on the east thereof, the State's baywa…

13:19-45 Notification by DEP to coastal municipalities relative to certain settlement discussions. 1. Whenever the Department of Environmental Protection enters into discussions in order to reach a settlement agreement with an owner of property containing dunes or other environme…

13:19-46 State Oceanographer. 1. a. The Governor shall, with the advice and consent of the Senate, appoint a State Oceanographer, who shall be a resident of the State with expertise in oceanography. The State Oceanographer shall serve for a term of five years, or until a successo…

13:19-47 Short title. 1. This act shall be known and may be cited as the "Shore Tourism and Ocean Protection from Offshore Oil and Gas Act" or "STOP Offshore Oil and Gas Act." L.2018, c.7, s.1.

13:19-48 Findings, declarations relative to offshore oil and natural gas exploration, development, and production. 2. The Legislature finds and declares that: a. The Jersey Shore is a vital component of New Jersey's annual $38 billion tourism industry; its 127-mile shoreline prov…

13:19-49 Certain offshore development, production prohibited. 3. a. Notwithstanding the provisions of any other law, rule, or regulation to the contrary: (1) offshore oil or natural gas exploration, development, and production shall be prohibited in State waters; and (2) no tidal…

13:19-5. Development permits required 5. A permit issued pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) shall be required for: a. A development located in the coastal area on any beach or dune; b. A development located in the coastal area between the mean high water line of any …

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 …

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.…

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…

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 tha…

13:19-50 Implementation of policies. 4. a. The Department of Environmental Protection shall implement the provisions of section 3 of this act through the enforceable policies of the State, including, but not limited to, any rules and regulations adopted pursuant to R.S.12:5-3. b.…

13:19-51 Review of proposed activity. 5. The Department of Environmental Protection shall review any proposed oil or natural gas lease, license, permit, or plan for exploration, development, or production of oil and natural gas in the Atlantic region of the exclusive economic zon…

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.19…

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 fo…

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 th…

13:20-1 Short title. 1. This act shall be known, and may be cited, as the "Highlands Water Protection and Planning Act." L.2004,c.120,s.1.

13:20-10 Goals of regional master plan. 10. a. The goal of the regional master plan with respect to the entire Highlands Region shall be to protect and enhance the significant values of the resources thereof in a manner which is consistent with the purposes and provisions of this…

13:20-11 Contents of regional master plan. 11. a. The regional master plan shall include, but need not necessarily be limited to: (1) A resource assessment which: (a) determines the amount and type of human development and activity which the ecosystem of the Highlands Region can …

13:20-12 Additional contents of regional master plan. 12. In addition to the contents of the regional master plan described in section 11 of this act, the plan shall also include, with respect to the preservation area, a land use capability map and a comprehensive statement of po…

13:20-13 Use of regional master plan elements for TDR program. 13. a. The council shall use the regional master plan elements prepared pursuant to sections 11 and 12 of this act, including the resource assessment and the smart growth component, to establish a transfer of developm…

13:20-14 Submission of revisions to regional master plan by municipalities, counties in preservation area for conformance. 14. a. Within nine to 15 months after the date of adoption of the regional master plan or any revision thereof, according to a schedule to be established by …

13:20-15 Municipalities, counties in planning area may petition council relative to revision. 15. a. (1) For any municipality located wholly in the planning area or for any portion of a municipality lying within the planning area, the municipality may, by ordinance, petition the …

13:20-16 Council may provide comments, recommendations on projects. 16. a. The council may provide comments and recommendations on any capital or other project proposed to be undertaken by any State entity or local government unit in the Highlands Region. b. Within the preservati…

13:20-17 Review by council of regional applications for development. 17. a. (1) Subsequent to adoption of the regional master plan, the council may review, within 15 days after any final local government unit approval, rejection, or approval with conditions thereof, any applicati…

13:20-18 Qualification for State aid, grants. 18. a. Any municipality in the Highlands Region whose municipal master plan and development regulations, and any county in the Highlands Region whose county master plan and associated regulations, have been approved by the council to …

13:20-19 "Highlands Protection Fund"; use. 21. a. There is created in the Department of the Treasury a special non-lapsing fund to be known as the "Highlands Protection Fund." The monies in the fund are dedicated and shall be used only to carry out the purposes enumerated in subs…

13:20-19.1 Distribution, Highlands Protection Fund; annual budget request. 4. a. Funds shall be distributed each State fiscal year from the "Highlands Protection Fund" created pursuant to section 21 of P.L.2004, c.120 (C.13:20-19) to each municipality within the Highlands Region …

13:20-2 Findings, declarations relative to the "Highlands Water Protection and Planning Act." 2. The Legislature finds and declares that the national Highlands Region is an area that extends from northwestern Connecticut across the lower Hudson River Valley and northern New Jerse…

13:20-20 Council to provide legal representation to local units, conditions. 22. The council shall provide legal representation to any requesting local government unit located in the Highlands Region in any cause of action filed against the local government unit and contesting an…