A 4007 — Requires sellers of real property to disclose presence of dams.

A4007 1R [First Reprint] ASSEMBLY, No.

District 3 (Cumberland, Gloucester and Salem)  Assemblyman  Co-SponsoredSTERLEY by:S.

STANLEY District 18 (Middlesex) Senator  JOHN J.

BURZICHELLI District 3 (Cumberland, Gloucester and Salem)   Co-Sponsored by:

  CURRENT VERSION OF TEXT      As introduced.reported by the Assembly Housing Committee on June 8, 2026, with amendments.

     b.    The Division of Consumer Affairs, in consultation with the Department of Environmental Protection, Department of Community Affairs and New Jersey Real Estate Commission, in addition to any other question as the director deems necessary, shall add the following specific questions and information to the property condition disclosure statement concerning dams on a property being sold.  The1The additionsdivision to the property condition disclosure statement shall containrevise the headingregulations "Disclosurepromulgated ofpursuant Dam Ownership" and contain questions, and space for sellers to answersubsection yes,c. no, or unknown.  If a seller answers yes to any question, the disclosure statement shall require the seller to explain the answer.  The disclosure statement shall contain the following questions:

    of (1)section Is1 thereof aP.L.1999, damc.76 located(C.56:8-19.1) whollywith orwhich partially on the property?property Ifcondition so,disclosure whatstatement is therequired hazardto classificationcomply forto theincorporate dam?      (2) If current law requires the inspectionrequirements of thethis dam,section, whatbut arein theadvance results of thethat mostrulemaking recent inspection?      (3) If there are any obligations associated with the damdivision under State law for which a purchaser would assume responsibility for, what are the obligations?      c.     The Division of Consumer Affairs, in consultation with the Department of Environmental Protection, shall includemake in the disclosure requirementsstatement andrevised formpursuant to bethis distributedsection toavailable purchasersfor ofuse realby propertypublishing before the purchaserrevised becomesdisclosure obligatedstatement underon any contract for the purchasedivision’s ofwebsite.1  theThe property,additions thatto the purchaserproperty maycondition obtaindisclosure informationstatement relatingshall tocontain the ownershipheading responsibilities,"Disclosure removal, and hazard classification of dams by contacting the Bureau of Dam SafetyOwnership" inand thecontain Departmentquestions, ofand Environmentalspace Protectionfor orsellers by going to theanswer websiteyes, thatno, theor Departmentunknown.  ofIf Environmentala Protectionseller shallanswers maintainyes andto ensure is managed with current and scientifically supported information, including any informationquestion, about dams in the Statedisclosure gatheredstatement throughshall require the propertyseller condition disclosure statement, and linked to andexplain published on the websiteanswer.  of the Department of Community Affairs.  The Departmentdisclosure ofstatement Environmentalshall Protection'scontain website shall, at a minimum, include information that helps property owners provide the disclosuresfollowing enumeratedquestions: in this statute.

     2.   (1) Is there a dam located wholly or partially on the property? If so, what is the hazard classification for the dam?      (2) If current law requires the inspection of the dam, what are the results of the most recent inspection?      (3) If there are any obligations associated with the dam under State law for which a purchaser would assume responsibility for, what are the obligations?      c.     The DepartmentDivision of CommunityConsumer Affairs, in consultation with the Department of Environmental Protection, shall include in the disclosure requirements and form to be distributed to 1sellers and1 purchasers of real property before the Divisionpurchaser becomes obligated under any contract for the purchase of Consumerthe Affairsproperty, that the 1seller or1 purchaser may adopt,obtain pursuantinformation relating to the "Administrativeownership Procedureresponsibilities, Act,"removal, P.L.1968,and c.410hazard (C.52:14B-1classification etof seq.),dams suchby rulescontacting the Bureau of Dam Safety in the Department of Environmental Protection or by going to the website that the Department of Environmental Protection shall maintain and regulationsensure asis maymanaged bewith necessarycurrent and scientifically supported information 1[, including any information about dams in the State gathered through the property condition disclosure statement,]1 and linked to implementand published on the website of the Department of Community Affairs.  The Department of Environmental Protection's website shall, at a minimum, include information that helps 1[property owners] sellers1 provide the disclosures enumerated in this act.statute 1, including notice that a seller or purchaser may contact the Bureau of Dam Safety in the Department of Environmental Protection to help determine whether a dam is subject to the provisions of the "Safe Dam Act," P.L.1981, c.249 (C.58:4-8.1 et seq.) or regulations adopted under chapter 20 of Title 7 of the New Jersey Administrative Code.

       3.   d.    ThisAs actused shallin takethis effectsection, immediately"dam" andmeans shallan applyartificial todike, saleslevee andor exchangesother ofbarrier, realtogether propertywith occurringappurtenant works, which is constructed for the purpose of impounding water, on a permanent or aftertemporary basis, that raises the 90thwater daylevel nextfive followingfeet or more above the promulgationusual, ofmean, regulationslow implementingwater height when measured from the requirementsdownstream toe-of-dam to the emergency spillway crest or, in the absence of thisan act.emergency spillway, the top-of-dam.  The term shall not include a dam in the pinelands area, as designated by subsection a.

 of  section STATEMENT10  of     P.L.1979, Thisc.111 bill(C.13:18A-11), requiresthat sellersraises the waters of realany propertyriver toor disclosestream inless writingthan anyeight knowledgefeet ofabove the sellersurface regardingof athe damground locatedwhere on the property. drainage Thearea billabove requires the Departmentsame ofis Communityless Affairsthan toone addsquare certainmile questionsin toextent theand propertywhere conditionthe disclosurewater statementsurface tocreated provideby purchasersthe ofdam propertyis withless informationthan concerning100 damsacres onin theextent1. property being sold.

       2.    The bill also requires the Department of ConsumerCommunity Affairs, in consultation with the Department of Environmental Protection, toand include notification in the disclosureDivision requirements and form distributed to purchasers of realConsumer propertyAffairs that the purchaser may obtainadopt, informationpursuant relating to the ownership"Administrative responsibilities,Procedure removal,Act," andP.L.1968, hazardc.410 classification(C.52:14B-1 ofet damsseq.), onsuch therules websiteand maintainedregulations byas themay Departmentbe ofnecessary Environmental Protection and linked to onimplement thethis websiteact. of the Department of Community Affairs.

       3.    This act shall take effect immediately and shall apply to sales and exchanges of real property occurring on or after the 90th day next following the 1[promulgation of regulations implementing the requirements] publication of the revised property condition disclosure statement by the Division of Consumer Affairs pursuant to section 11 of this act.