N.J. Admin. Code § 7:7-18.2

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:7-18.2 - Additional requirements applicable to a conservation restriction for mitigation areas

(a) The conservation restriction shall include a requirement that each owner of any interest in the land subject to the conservation restriction (that is, the mitigation area) shall:

1. Notify the county and/or municipality of the conservation restriction whenever any application for a local approval involving the land subject to the conservation restriction is submitted; and

2. Insert notice of the conservation restriction into any subsequent deed or other legal instrument by which the owner divests either the fee simple title or any possessory interest in the land subject to the conservation restriction.

(b) Any conservation restriction shall be enforceable by the Department. The Department may also direct that the conservation restriction be made enforceable by a government agency or by a charitable conservancy whose trustees have no other ownership interest in the land.

(c) If the mitigation area is donated land or a freshwater wetlands mitigation bank that requires approval by the Wetlands Mitigation Council in accordance with N.J.A.C. 7:7A, the conservation restriction shall be approved by both the Department and the Wetlands Mitigation Council.

N.J. Admin. Code § 7:7-18.2

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015