S 3377 — Directs DEP to lift conservation restrictions imposed as condition of CAFRA permit under certain conditions.

S3377 1R [First Reprint] SENATE, No.

  CURRENT VERSION OF TEXT      As introduced.reported by the Senate Environment and Energy Committee on May 18, 2026, with amendments.

            1.  a.

As used in this section, "conservation“conservation restriction"restriction” means a restriction, easement, covenant, or condition in a deed, will, or other instrument, other than a lease, which is executed by or on behalf of the owner of the land for the purposes of:        (1) retaining land or water areas predominantly in their natural state;

      (2) conservation of soil or wildlife;

      (3) outdoor recreation or park use;

      (4) public access to tidal waterways and their shores;

      (5) providing suitable habitat for fish or wildlife;

or       (6) forbidding or limiting any or all of the following 1:1       (a) constructing or placing buildings, roads, signs, billboards or other advertising, or other structures on or above the ground,ground 1[,] ;1       (b) dumping or placing soil or other materials as landfill,landfill 1[,] ;1       (c) dumping or placing trash, waste, or unsightly or offensive materials,materials 1[,] ;1       (d) removing or destroying trees, shrubs, or other vegetation,vegetation (d)1[, excavating,(d)] dredging,; or removing loam, peat, gravel, soil, rock, or other mineral substances, (e) surface uses except those that permit the land or water area to remain predominantly in its natural condition, (f) activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation, or (g) other acts or uses detrimental to the retention of land or water areas according to the purposes of P.L.1973, c.185 (C.13:19-1 et seq.).

          b. (e)1 Notwithstandingexcavating, thedredging, provisions of P.L.1973, c.185 (C.13:19-1 et seq.) or theremoving rulesloam, andpeat, regulationsgravel, adoptedsoil, pursuantrock, theretoor toother themineral contrary,substances the1[, Department(e)] of; Environmental Protection, upon application of the respective real property owner, shall lift a conservation easement that has been conditionally imposed on a parcel of real property, pursuant to a permit issued under P.L.1973, c.185 (C.13:19-1 et seq.), provided that:

          (1)(f)1 thesurface departmentuses determines,except tothose its satisfaction, that thepermit parcel of real property is needed, and, upon the liftingland of the easement thereon, will be used, for the purpose of enabling or facilitatingwater thearea physicalto expansionremain ofpredominantly anin existingits schoolnatural forcondition special1[, needs(f)] children;;

and          (g)1 (2)activities thedetrimental department,to asdrainage, aflood conditioncontrol, ofwater liftingconservation, sucherosion conservationcontrol, easementsoil onconservation, theor parcelfish of real property at issue, requires and takeswildlife appropriatehabitat actionpreservation to1[,] ensure;1 thator a      new,1[(g)] substantively(h)1 similarother conservationacts restrictionor isuses imposeddetrimental onto anotherthe parcelretention of realland propertyor atwater leastareas twiceaccording theto size of, and located no more than 20 miles from, the originalpurposes parcelof onP.L.1973, whichc.185 the(C.13:19-1 conservationet easementseq.). is being lifted pursuant to this section.         2.

      b.  Notwithstanding the provisions of 1the “Coastal Area Facility Review Act,”1 P.L.1973, c.185 (C.13:19-1 et seq.) or the rules and regulations adopted pursuant thereto to the contrary, the Department of Environmental Protection, upon application of the respective real property owner, shall lift a conservation easement that has been conditionally imposed on a parcel of real property, pursuant to a permit issued under P.L.1973, c.185 (C.13:19-1 et seq.), provided that:

      (1) the department determines, to its satisfaction, that the parcel of real property is needed, and, upon the lifting of the easement thereon, will be used, for the purpose of enabling or facilitating the physical expansion of an existing school for special needs children;

and       (2) the department, as a condition of lifting such conservation easement on the parcel of real property at issue, requires and takes appropriate action to ensure that a new, substantively similar conservation restriction is imposed on another parcel of real property at least twice the size of, and located no more than 20 miles from, the original parcel on which the conservation easement is being lifted pursuant to this section.         2.

STATEMENT        This bill would direct the Department of Environmental Protection to lift certain conservation easements imposed on a parcel of real property as a condition of a permit award issued under the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.) (CAFRA), under certain conditions.  Specifically, the bill would require that:  (1) the parcel of real property is needed, and would be used for, the physical expansion of an existing school for special needs children;

and (2) a substantively similar conservation restriction would be imposed on a parcel of real property that is at least twice the size of, and located no more than 20 miles from, the original property.