N.J. Admin. Code § 7:7A-12.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:7A-12.1 - Conservation restriction form and recording requirements

(a) Any conservation restriction required under this chapter shall conform with the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-1 et seq., and shall:

1. Run with the land and be binding, in perpetuity, upon:

i. For mitigation areas, the land owner and successors in interest to any interest in the land or any part of the land covered by the mitigation area; and

ii. For conservation restrictions required under this chapter that do not include a mitigation area, the land owner and successors in interest to any interest in the land or in any part thereof;

2. Be recorded in accordance with the New Jersey Recording Act, N.J.S.A. 46:15-1.1 et seq., in the chain of title for all properties affected by the restriction; and

3. Be in the form and include such terms as specified and approved by the Department. The applicant shall not alter the form, except in consultation with the Department and only when the Department agrees that an alteration is necessary to address site-specific conditions. Form conservation restrictions are available from the Department's website at the address set forth at N.J.A.C. 7:7A-1.4; and

4. In those cases deemed appropriate by the State Historic Preservation Office in order to ensure that a proposed project will not affect a property that is listed or eligible for listing on the New Jersey or National Register of Historic Places, include a historic preservation restriction or easement with all of the attendant rights, restrictions, prohibitions, and limitations associated therewith.

(b) The conservation restriction shall be recorded in the Office of the County Clerk or the registrar of deeds and mortgages of the county in which the regulated activity, project, project site, or mitigation area is located, and proof that the conservation restriction has been recorded shall be provided to the Department as follows:

1. For a permit that authorizes the establishment of a mitigation bank, prior to the release of any credits;

2. For any other permit for which a conservation restriction is required, prior to the sooner of either:

i. The start of any site disturbance (including pre-construction earth movement, removal of vegetation or structures, or construction of the project); or

ii. The date that is 90 calendar days after the issuance of the permit or approval of the mitigation plan, if a mitigation plan is submitted pursuant to a condition of the permit in accordance with N.J.A.C. 7:7A-11.2(e).

(c) Proof that the conservation restriction has been recorded under (b) above shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the Department is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the Department within 180 days of the issuance of the permit or approval of the mitigation plan, if a mitigation plan is submitted pursuant to a condition of the permit.

(d) The conservation restriction shall include a requirement that each owner of any interest in the land subject to the conservation restriction 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.

(e) 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.

(f) If the mitigation area is donated land or a mitigation bank that requires approval by the Wetland Mitigation Council, the conservation restriction shall be approved by both the Department and the Wetland Mitigation Council.

N.J. Admin. Code § 7:7A-12.1

Adopted by 49 N.J.R. 3849(a), effective 12/18/2017