N.J. Admin. Code § 7:7A-12.2

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

Section 7:7A-12.2 - Property owners' reservation of rights

(a) Except for a conservation restriction associated with a mitigation site, the property owner or grantor may request approval from the Department to undertake a de minimis modification of the area subject to a conservation restriction recorded in accordance with this subchapter. The Department shall approve the modification in writing, if it determines that the modification will result in an equivalent level of protection of the regulated resource or the modification will result in an equivalent area of resource protection and will not compromise the original protected resource.

(b) The property owner or grantor may reserve the right to abandon the project. At any time prior to the start of any site disturbance, including pre-construction earth movement, removal of vegetation or structures, or construction of the project, the property owner or grantor may inform the Department in writing that it is abandoning the project and request that the Department void the permit. Upon confirmation that no site disturbance, including pre-construction earth movement, removal of vegetation or structures, or construction of the project, has occurred, the Department shall provide to the permittee or grantor an executed release of the conservation restriction, which the permittee or grantor may then record.

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