N.J. Admin. Code § 7:50-9.8

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:50-9.8 - Priorities for acquisition

(a) At the conclusion of the appeal period set forth in 7:50-9.7, the Executive Director shall recommend to the Pinelands Commission which parcels qualify for acquisition. The parcels shall be prioritized for acquisition chronologically according to the date of the Commission's action on the Waiver of Strict Compliance, as set forth in 7:50-9.2(a)1. The earlier the date of the Commission's action, the higher the priority that will be assigned to the subject parcel. The priority list shall be comprised of:

1. Parcels determined to be eligible during the current round of acquisition;

2. Parcels found to be eligible during a previous round of acquisition that were not acquired due to lack of funding; and

3. Parcels found to be eligible during a previous round of acquisition that the Department of Environmental Protection declined to acquire for any reason other than those specified in 7:50-9.11(b)1 and 2.

(b) At the next Commission meeting after receiving the Executive Director's recommendations, the Commission shall consider the Executive Director's recommendation for each parcel and may either approve the recommendation or refer that recommendation to the Office of Administrative Law for a hearing.

(c) The Executive Director shall transmit the chronological list of parcels approved for acquisition to the Department of Environmental Protection within 10 days of the Commission approving those parcels.

(d) The Executive Director shall also inform the Department of Environmental Protection of any parcels which have been referred to the Office of Administrative Law for a hearing pursuant to 7:50-9.7 or 9.8(b) and where each such parcel would be on the chronological list if the parcel is subsequently approved for acquisition. Within 10 days of the Commission's action on any parcel referred to the Office of Administrative Law for a hearing, the Executive Director shall inform the Department of Environmental Protection of such action. No owner of a parcel determined to be eligible for acquisition by the Commission following referral to the Office of Administrative Law shall in any way be prejudiced by the fact that the matter was referred to the Office of Administrative Law.

N.J. Admin. Code § 7:50-9.8