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13:1B-15.12. Use of departmental employees
Insofar as possible, the section shall make use of the employees of the department in carrying out the provisions of this act.
L.1961, c. 51, p. 527, s. 9, eff. June 3, 1961.
13:1B-15.12a. Short title
This act shall be known as, and may be cited as, the ~Natural Areas System Act.~
L.1975, c. 363, s. 1, eff. March 3, 1976.
13:1B-15.12a1. Natural areas system; standards for inclusion of area
For inclusion in the system, it is not necessary that an area be wholly unmarked by man, but that the impact of man be not permanent, not seriously destructive of the area@s potential for developing natural values, and not obtrusively apparent to the casual observer, and is of such character that the lessening of human impact will allow the land or water to recover natural values of interest. Notwithstanding the above definition and criteria, lands subject to the noise of vehicular traffic and of commercial and industrial operations, and subject to air and water pollution as the result of the activities of man, may nevertheless be designated as parts of the system if they lie on the perimeters of primary natural areas within the system, and if the purpose of their inclusion within the system is to protect or buffer the primary natural areas.
L.1975, c. 363, s. 2, eff. March 3, 1976.
13:1B-15.12a2. Review and update of planning for natural areas
The Department of Environmental Protection shall within 2 years of the effective date of this act review and update the planning for natural areas as part of the New Jersey Statewide Comprehensive Outdoor Recreation Plan and shall recommend certain areas for inclusion within a New Jersey Natural Areas System, hereinafter referred to as ~the system.~
L.1975, c. 363, s. 3, eff. March 3, 1976.
13:1B-15.12a3. Establishment of system; inclusion of additional areas
The department shall have the authority to establish the system initially by declaring those areas designated as natural areas as of January 1, 1975 and, after suitable studies and public hearings, up to 5,000 additional acres of State parklands, State forests, hunting and fishing preserves, or other State lands within the jurisdiction of the department to be within the system.
L.1975, c. 363, s. 4, eff. March 3, 1976.
13:1B-15.12a4. Inclusion of other additional state lands; study; public hearings; periodic recommendations
The department shall as rapidly as possible study all remaining State lands that may have the required potential for natural values, and after a public hearing as to each such area of land being considered for inclusion in the system, make periodic recommendations to the Governor concerning additional lands to be included within the system.
L.1975, c. 363, s. 5, eff. March 3, 1976.
13:1B-15.12a5. Study of private lands for inclusion
The department shall also, as rapidly as possible study lands that are not State-owned lands to determine their natural values and potential for inclusion with the system.
L.1975, c. 363, s. 6, eff. March 3, 1976.
13:1B-15.12a6. Registry of lands suitable for inclusion
The department shall, in keeping with the findings of the studies conducted pursuant to sections 5 and 6 of this act, maintain a registry of all lands, public and private, which are suitable for inclusion within the system under the provisions of this act and the act to which this act is a supplement.
L.1975, c. 363, s. 7, eff. March 3, 1976.
13:1B-15.12a7. Limitations on use of land in system
No land in the system may be leased, sold or exchanged or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed, nor minerals extracted, except by authorizing special legislation.
L.1975, c. 363, s. 8, eff. March 3, 1976.
13:1B-15.12a8. Acquisition of land by purchase, gift or otherwise
The department is authorized to acquire by purchase, gift, or otherwise any land or any interest therein that will serve to further the purposes of this act and the act to which this act is a supplement.
L.1975, c. 363, s. 9, eff. March 3, 1976.
13:1B-15.12a9. Designation and regulation of classifications and uses of land within system
The department shall designate and regulate those classifications and uses of lands within the system as it shall deem proper to effectuate the purposes of this act and the act to which this act is a supplement, such that the New Jersey Natural Areas System shall include:
a. Areas of limited public access which are dedicated and restricted to ecological research and study, wherein the only permissible development shall be that of temporary, unobtrusive structures erected for scientific purposes and later removed;
b. Areas which provide opportunities for public interpretation of the natural processes, flora and fauna of this State, wherein the development of nature trails and educational facilities shall be permitted;
c. Areas of minimal interference by man wherein those recreational activities at those levels, to be determined by the department, which will not have serious or long-term effects on natural values and processes shall be permitted.
L.1975, c. 363, s. 10, eff. March 3, 1976.
13:1B-15.12a10. Permitted activities and obligation of users
Swimming, canoeing, rowboating, fishing and hunting may be permitted in designated sections of the system at the discretion of the department, but only at levels of activity that will not have serious or long-term effects on the natural values of areas within the system. Hiking may also be permitted in lands of the system, but only to the extent of minimal impact on natural values. Camping may be permitted but shall be restricted to occasional overnight camping along trails and shall not include day-long camping or camping at established campgrounds. Auto campgrounds are excluded from all natural areas. Overnight trailside shelters of the type called lean-tos are permitted, but there may not be two such shelters within 3 miles of each other, and such shelters may not be used for day-long camping or for more extended stays. Nothing may be brought into a natural area and left there except upon specific approval of the department. Nonburnable camping trash shall be removed for disposal elsewhere.
L.1975, c. 363, s. 11, eff. March 3, 1976.
13:1B-15.100. Division of Parks and Forestry, director
1. Within the Department of Environmental Protection there shall be a Division of Parks and Forestry.
The division shall be under the immediate supervision of a director, who shall be a person qualified by academic training and at least 7 years of responsible professional experience in the management of public parks, forests, and outdoor recreation facilities to direct the work of such division.
L.1966,c.54,s.1; amended 1991,c.415,s.1.
13:1B-15.101. Powers and duties
The division shall, under the direction and supervision of the commissioner:
a. Develop, improve, protect, manage and administer all State forests, State parks, State recreation areas, State historic sites, and State natural areas, excepting those regulated by interstate compact.
b. Protect all forests, brush lands and marshes from damage by fire, insects and disease, and promote the use of good forest management principles on all forest lands.
c. Administer the program for licensing of certified tree experts in accordance with the ~Tree Expert Act~ (P.L.1940, c. 100).
d. Administer the program of the Bureau of Recreation in accordance with P.L.1950, chapter 338, effective July 24, 1950.
e. Administer the program of the natural areas section in accordance with P.L.1961, chapter 51.
f. Manage the properties of the Morris Canal and Banking Company in accordance with Revised Statutes 13:12-1 to 13:12-29.
g. Administer the historic sites program as in this act provided and in accordance with Revised Statutes 28:1-4 to 28:1-11, 28:1-13, 28:1-17, 28:2-7 to 28:2-14, 28:2-17 and 28:2-18, P.L.1945, chapter 22 and P.L.1948, chapter 448.
h. Provide liaison between the Federal and the lesser governmental levels in matters pertaining to forestry, conservation, recreation, historic sites and other appropriate fields.
i. Perform such other functions of the department as the commissioner may prescribe.
L.1966, c. 54, s. 2, eff. July 1, 1966.
13:1B-15.102. Division organization
The functions of the division shall be administered by the director, under the direction and supervision of the commissioner, within such bureaus as may be necessary.
The commissioner shall have authority to create and organize such bureaus as may be appropriate for the efficient and effective administration of this act. The commissioner may designate a deputy director to assist the director and to exercise the duties of the director in event of the absence or disability of the director or of a vacancy in that office.
L.1966, c. 54, s. 3, eff. July 1, 1966.
13:1B-15.105. Administration of historic sites and structures program; functions and duties
In addition to other functions, powers and duties vested in it by this or any other law, the Division of Parks, Forestry and Recreation shall administer the State@s program concerned with the interpretation of New Jersey@s heritage through its historic sites and structures and perform the following functions and such other duties as the commissioner may direct:
a. Formulate comprehensive policies for the preservation, restoration and public presentation of all historic sites within the State.
b. Make the necessary research, prepare exhibits and furnish the services required for a proper and adequate interpretive program.
c. Prepare and disseminate informational materials to inform the public with respect to New Jersey@s historic sites.
d. Consult and co-operate with groups and organizations in order to advance the purposes of the historic sites program.
L.1966, c. 54, s. 6, eff. July 1, 1966.
13:1B-15.106. Transfer of moneys, employees or property
The transfer of any appropriation and other moneys available or of any employee, files, records, books, papers, tools, equipment and other property required by the adoption of this act shall be done in the same manner as is provided in P.L.1948, chapter 448.
L.1966, c. 54, s. 11, eff. July 1, 1966.
13:1B-15.107. Repeal
The provisions of any other act or acts inconsistent with the provisions of this act are to the extent of such inconsistency hereby repealed.
L.1966, c. 54, s. 12, eff. July 1, 1966.
13:1B-15.108. Historic sites council; members; terms; compensation; vacancies; removal
Within the Division of Parks, Forestry and Recreation of the Department of Conservation and Economic Development there shall be an Historic Sites Council consisting of 11 members. Each member of the council shall be appointed by the Governor with the advice and consent of the Senate, from among citizens of New Jersey or persons otherwise associated with the State who are known for their competence and experience in connection with historic sites preservation and related areas, to serve for a term of 4 years from the date of his appointment, except that of those first appointed, one shall be appointed for a term of 1 year, 2 for 2 years, 4 for 3 years, and 4 for 4 years. Members of the council shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties. The members of the council shall elect annually a chairman and vice-chairman from their number. The council shall organize and adopt procedures for the conduct of its business. The director or an employee of the division designated by him shall serve as secretary of the council. The chairman of the council shall be its presiding officer. Any vacancies in the membership of said council occurring other than by expiration of term shall be filled by the Governor, with the advice and consent of the Senate, for the unexpired term only. Any member of the council may be removed from office by the Governor, for cause, upon notice and opportunity to be heard.
L.1967, c. 124, s. 1, eff. June 21, 1967.
13:1B-15.109. Use of division employees
Insofar as possible, the council shall make use of the employees of the division in carrying out the provisions of this act.
L.1967, c. 124, s. 2, eff. June 21, 1967.
13:1B-15.110. Powers and duties of council
The Historic Sites Council shall consult with and advise the commissioner and the director with respect to the work of the division.
The council, in addition to other powers and duties vested in it, shall recommend programs and policies for:
a. The acquisition, development, use, improvement and extension of historic sites, including archeological sites.
b. The development of a broad historic sites preservation program on a State-wide and local basis.
c. The identification, authentication, protection, preservation, conservation, restoration, and management of all historic sites within the State.
L.1967, c. 124, s. 3, eff. June 21, 1967.
13:1B-15.111. New Jersey Historic Trust
4. There is hereby created and established in but not of the Department of State, a body corporate and politic with corporate succession, to be known as the New Jersey Historic Trust. The trust is hereby constituted an instrumentality exercising public and essential governmental functions, and the exercise by the trust of the powers conferred by P.L.1967, c.124 (C.13:1B-15.111 et al.) shall be deemed and held to be an essential governmental function of the State.
L.1967,c.124,s.4; amended 1983, c.562, s.1; 1995, c.217, s.1; 1999, c.152, s.44.
13:1B-15.112a. Board of trustees
3. a. The powers and duties of the New Jersey Historic Trust shall vest in and be exercised by a board of 15 trustees, of whom three shall be the Administrator of the New Jersey Historic Preservation Office in the Department of Environmental Protection or such other representative of that department as may be designated by the Commissioner of Environmental Protection, the State Treasurer, and the Executive Director of the New Jersey Historical Commission in the Department of State or such other representative of that department as may be designated by the Secretary of State, or their respective designees, who shall serve ex officio, and 12 shall be citizens of the State, representing the several geographic regions of the State, to be appointed by the Governor with the advice and consent of the Senate. Citizen trustees shall possess a minimum of five years@ experience in historic preservation, except this requirement shall not apply to any citizen trustee serving on the board on the date of enactment of P.L.1995, c.217 (C.13:1B-15.115f et al.) for the remainder of the unexpired term of that trustee.
b. Citizen trustees shall serve for three-year terms provided, however, that the terms of the four new trustees appointed pursuant to P.L.1995, c.217 (C.13:1B-15.115f et al.) shall begin in the same calendar year as the effective date of that act, and that two of those trustees first appointed shall be appointed for a two-year term and two shall be appointed for a one-year term. Each citizen trustee shall hold office for the term of the appointment and until a successor shall have been appointed and qualified. No citizen trustee may serve more than three consecutive terms, except this restriction shall not apply to terms either completed or commenced prior to the effective date of P.L.1995, c.217 (C.13:1B-15.115f et al.).
c. The trustees shall elect a chairman, vice-chairman, treasurer, and assistant secretary.
d. Eight trustees shall constitute a quorum, and the concurrence of a majority of the quorum shall be necessary to validate all acts of the board.
L.1983,c.562,s.3; amended 1995, c.217, s.2; 1999, c.152, s.45.
13:1B-15.113. Compensation of trustees
The trustees shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties.
L.1967, c. 124, s. 6, eff. June 21, 1967. Amended by L.1983, c. 562, s. 2, eff. Jan. 17, 1984.
13:1B-15.114 Powers
7. The New Jersey Historic Trust shall have the power:
a. to sue and be sued in its own name;
b. to adopt a seal and alter it at pleasure;
c. to adopt by-laws for the regulation of its affairs and the conduct of its business, and adopt rules and regulations pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.) as necessary to implement this act;
d. to maintain an office or offices at such place or places within the State as it may designate;
e. to appoint such officers, who need not be trustees, in addition to a secretary and a treasurer, as the trust shall deem advisable, to establish advisory groups, and to employ such other employees and agents as may be necessary or desirable in its judgment; to fix their compensation; and to promote and discharge such officers, employees and agents; all without regard to the provisions of Title 11A, Civil Service, of the New Jersey Statutes;
f. to acquire in the name of the trust, hold and dispose of personal property in the exercise of its powers and the performance of its duties under this act;
g. to apply for and accept any grant or aid that might be or may become available for programs in furtherance of the trust and the goals of P.L.1967, c.124 (C.13:1B-15.108 et seq.), and to subscribe to and comply with any rule or regulation with respect to the application of such grant or aid, and to enter into and perform any contract or agreement with respect to the application of such grant or aid;
h. to make, enter into and perform all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act. No contract on behalf of the trust shall be entered into for the doing of any work, or for the hiring of equipment or vehicles, if the sum to be expended exceeds the appropriate amount set forth in, or the amount calculated by the Governor pursuant to, section 2 of P.L.1954, c.48 (C.52:34-7), unless the trust first publicly advertises for bids therefor, and awards the contract to the lowest responsible, qualified bidder; but advertising is not required if the contract to be entered into is one for furnishing or performing services of a professional nature, if there is only one source for the product or service being procured, or if the product or service is supplied or rendered by a public utility subject to the jurisdiction of the Board of Public Utilities, and tariffs and schedules of the charges made, charged, or exacted by the public utility for such products to be supplied or services to be rendered are filed with the board. The provisions of this subsection shall not prevent the trust from having any work done by its own employees, nor does it apply to repairs, or to the furnishing of materials, supplies or labor, or the hiring of equipment or vehicles, when the safety or protection of its or other public property or the public convenience requires, or the exigency of the circumstances will not admit of such advertisement. In such case the trust shall, by resolution passed by the affirmative vote of a majority of the trustees in attendance, declare the exigency or emergency to exist, and set forth in the resolution the nature thereof and the approximate amount to be expended; and
i. to do all acts and things necessary or convenient to carry out the powers expressly granted in this act.
L.1967,c.124,s.7; amended 1995,c.217,s.3.
13:1B-15.115. Additional powers
8. The trust shall have power in particular to:
a. solicit and accept gifts, legacies, bequests and endowments for any purpose which falls within that of the trust, and to maintain interest-bearing trust accounts for those purposes; and, unless otherwise specified by the person making such gift, legacy, bequest or endowment, the trustees may expend both principal and income of any such gift, bequest, legacy, or endowment in furtherance of the trust or invest it in whole or in part in securities which are legal for trust funds in the State of New Jersey;
b. acquire and hold real and personal property of historic, aesthetic or cultural significance, by gift, purchase, devise, bequest, or by any other means, and to preserve and administer such properties; and in the acquisition of such properties, to acquire property adjacent thereto deemed necessary for the proper use and administration of historic, aesthetic or cultural property;
c. apply all moneys, assets, property or other things of value it may receive as an incident to its operation to the general purpose of the trust;
d. cooperate with and assist, insofar as practicable, any agency of the State or any of its political subdivisions, and any private agency or person in furtherance of the purpose of the trust;
e. give any moneys or property held by the trust to the Secretary of State or the Commissioner of Environmental Protection on behalf of the State for purpose of administering, operating or maintaining the historic sites programs of the State of New Jersey; and
f. report annually to the Governor and the Legislature of the State of New Jersey its activities during the preceding year together with any recommendations or requests it deems appropriate to further the purpose of the trust.
L.1967,c.124,s.8; amended 1995, c.217, s.4; 1999, c.152, s.46.
13:1B-15.115a. ~Historic Preservation Revolving Loan Fund~ created
There is created a revolving loan fund to be known as the ~Historic Preservation Revolving Loan Fund,~ authorized pursuant to subsection b. of section 10 of P.L.1987, c.265. The ~Historic Preservation Revolving Loan Fund~ shall be administered by the New Jersey Historic Trust. Monies in the fund shall be used for loans for historic preservation projects.
L.1991,c.41,s.1.
13:1B-15.115b. Appropriation to ~Historic Preservation Revolving Loan Fund;~ approval, terms
2. a. There is appropriated to the ~Historic Preservation Revolving Loan Fund~ from the ~Cultural Centers and Historic Preservation Fund~ created pursuant to section 20 of P.L.1987, c.265 the sum of $3,000,000 for the purpose of making low-interest loans, to the extent sufficient funds are available, to units of county or municipal government, or to tax-exempt nonprofit organizations, to finance the historic preservation costs of acquiring, restoring, repairing, or rehabilitating historic structures.
b. Prior to awarding any loans under this section, the New Jersey Historic Trust shall submit to the Legislature for its approval a list of projects that are to receive loans and the amount of each loan, which approval may given in the form of (1) a declaration of approval included in any act appropriating moneys for historic preservation projects pursuant to P.L.1999, c.152 (C.13:8C-1 et al.), (2) the passage of a concurrent resolution, or (3) a declaration of approval by the Joint Budget Oversight Committee or its successor.
c. Loans issued from the ~Historic Preservation Revolving Loan Fund~ shall be for a term not to exceed 20 years and at an interest rate not to exceed 4 percent per year. The terms of any loan agreements shall be approved by the State Treasurer.
L.1991,c.41,s.2; amended 1999, c.152, s.47.
13:1B-15.115c. Criteria for awarding loan
Any loan made by the New Jersey Historic Trust pursuant to this act shall be awarded based on the criteria established pursuant to section 5 of P.L.1987, c.265, except that no specific proportion of matching funds shall be required of loan applicants. The New Jersey Historic Trust shall, however, consider the extent of matching funds in reviewing loan applications.
L.1991,c.41,s.3.
13:1B-15.115d. Rules, regulations for expenditure of funds
The expenditure of funds pursuant to this act shall be subject to the provisions and conditions of P.L.1987, c.265 and any rules and regulations adopted pursuant thereto.
L.1991,c.41,s.4.
13:1B-15.115e. Repayment of loans
All repayments of loans made pursuant to this act, and interest thereon, shall be deposited in the ~Historic Preservation Revolving Loan Fund.~ Earnings received from monies in the fund shall be credited to the fund.
L.1991,c.41,s.5.
13:1B-15.115f Charge, collection of application fee, appraisal costs
6. a. The New Jersey Historic Trust may charge and collect an application fee not to exceed $100 to be paid in connection with any application for a loan pursuant to P.L.1991, c.41 (C.13:1B-115a et seq.). All application fees collected pursuant to this subsection shall be deposited into the Historic Preservation Revolving Loan Fund created pursuant to section 1 of P.L.1991, c.41 (C.13:1B-15.115a).
b. In connection with any application for a loan pursuant to P.L.1991, c.41 (C.13:1B-115a et seq.), the New Jersey Historic Trust may require the applicant to pay for the cost of any appraisal, credit investigation or report, survey, or other professional service performed by a third party that is deemed necessary by the trust to properly evaluate the application.
L.1995,c.217,s.6.
13:1B-15.116. Trust restrictions
9. The trust may not acquire, hold, receive or accept any moneys or other property, real or personal, tangible or intangible, which will result in the incurrence of any financial obligations on the part of the State of New Jersey which cannot be supported entirely from funds available in the trust without the express approval of the Secretary of State or the Legislature.
L1967,c.124,s.9; amended 1995, c.217, s.5; 1999, c.152, s.48.
13:1B-15.117. Legal counsel and services
The trustees may request, and upon request shall receive from the Attorney General of the State of New Jersey, all legal counsel and services necessary to carry out the purpose of the trust.
L.1967, c. 124, s. 10, eff. June 21, 1967.
13:1B-15.118. Partial invalidity
If any section or sections of this act or any provision thereof shall be declared to be unconstitutional, invalid or inoperative in whole or in part, such section or provision shall, to the extent that it is not unconstitutional, invalid or inoperative be enforced and effectuated and no such determination shall be deemed to invalidate or make ineffectual the remaining provisions of the sections of this act.
L.1967, c. 124, s. 12, eff. June 21, 1967.
13:1B-15.119. Natural Lands Trust
There is hereby created and established in but not of the Division of Parks and Forestry of the Department of Environmental Protection, a body corporate and politic with corporate succession, to be known as the New Jersey Natural Lands Trust. The trust is hereby constituted an instrumentality exercising public and essential government functions and the exercise by the trust of the powers conferred by this act shall be deemed and held to be an essential government function of the State. The statutory goals of the trust shall include the preservation of land in its natural state for enjoyment by the public and to protect elements of natural diversity.
L. 1968, c. 425, s. 1, eff. Jan. 23, 1969. Amended by L. 1973, c. 64, s. 1, eff. March 22, 1973; L. 1986, c. 178, s. 1, eff. Dec. 9, 1986.
13:1B-15.120. Trustees; terms; appointment; chairman
The powers and duties of the trust shall vest in and be exercised by a board of 11 trustees comprised initially of the six members of the Natural Areas Council, who shall serve for terms co-extensive with their respective terms on the council, and shall be succeeded by trustees appointed by the Governor from a list of candidates nominated by a nominating committee provided by a group of nonprofit New Jersey corporations having open space preservation or environmental education as their corporate purpose, such as North Jersey Conservation Foundation, New Jersey Audubon Society, Rutgers, The State University, New Jersey Federation of Women@s Clubs, Conservation and Garden Department, New Jersey Federation of Garden Clubs, and Watershed Associations incorporated in the State of New Jersey. Organizations must apply to the trustees in order to provide one member to the nominating committee. The trustees thus appointed will serve for 3-year terms, each of whom will continue to serve until succeeded. The remaining trustees shall be: a member of the State House Commission designated by the Governor, and by virtue of their offices, the State Treasurer, the Commissioner of the Department of Environmental Protection and two members of the staff of the Department of Environmental Protection designated by the commissioner, or their respective representatives.
The Chairman of the Board of Trustees of the Natural Lands Trust shall be elected by the trustees.
The concurrence of six members of the board shall be necessary to the validity of all acts of the board. At least one member of this majority must be an official of the State Government represented on the board.
L.1968, c. 425, s. 2, eff. Jan. 23, 1969. Amended by L.1973, c. 64, s. 2, eff. March 22, 1973.
13:1B-15.121. No compensation; reimbursement
The trustees shall serve without compensation, but the trust may reimburse its members for necessary expenses incurred in the discharge of their duties.
L. 1968, c. 425, s. 3, eff. Jan. 23, 1969. Amended by L. 1986, c. 178, s. 2, eff. Dec. 9, 1986.
13:1B-15.122. Powers of trust
The New Jersey Natural Lands Trust shall have the power:
(a) To sue and be sued in its own name, but the trustees shall be held harmless for acts performed in good faith;
(b) To adopt a seal and alter the same at pleasure;
(c) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(d) To maintain an office or offices at such a place or places within the State as it may designate;
(e) To appoint such officers, who need not be members of the trust, in addition to a secretary and a treasurer, as the trust shall deem advisable, and to employ such other employees and agents as may be necessary or desirable in its judgment, to fix their compensation, and to promote and discharge such officers, employees and agents, all without regard to the provisions of Title 11, Civil Service, of the Revised Statutes;
(f) To acquire in the name of the trust, hold and dispose of real or personal property in the exercise of its powers and the performance of its duties under this act;
(g) To apply for and accept any grant of money from the federal government, which might be or may become available for programs in furtherance of its statutory goals, and to subscribe to and comply with any rule or regulation made by the federal government with respect to the application of such a grant, and to enter into and perform any contract or agreement with respect to the application of such a grant;
(h) To make, enter into and perform all contracts and agreements necessary or incidental to the performance of its duties, the maintenance of its property and the execution of its powers under this act. No contract on behalf of the trust shall be entered into for the doing of any work, or for the hiring of equipment or vehicles, where the sum to be expended exceeds the sum of $7,500.00, unless the trust first publicly advertises for bids therefor, and awards the contract to the lowest responsible bidder; but advertising is not required where the contract to be entered into is one for furnishing or performing services of a professional nature, where there is only one source for the product or service being procured, or for the supplying of any product or the rendering of any service by a public utility subject to the jurisdiction of the Board of Public Utilities, and tariffs and schedules of the charges, made, charged, or exacted by the public utility for such products to be supplied or services to be rendered, are filed with the board. This section does not prevent the trust from having any work done by its own employees, nor does it apply to repairs, or to the furnishing of materials, supplies or labor, or the hiring of equipment or vehicles, when the safety or protection of its or other public property or the public convenience requires, or the exigency of the circumstances will not admit of such advertisement. In such case the trust shall, by resolution passed by the affirmative vote of a majority of its members, declare the exigency or emergency to exist, and set forth in the resolution the nature thereof and the approximate amount to be expended;
(i) To do all acts and things necessary or convenient to carry out the powers expressly granted in this act;
(j) To hold and use all lands in said trust for educational and research purposes.
L. 1968, c. 425, s. 4, eff. Jan. 23, 1969. Amended by L. 1973, c. 64, s. 3, eff. March 22, 1973; L. 1986, c. 178, s. 3, eff. Dec. 9, 1986.
13:1B-15.123. Particular powers
The trust shall have power in particular:
(a) To accept gifts, legacies, bequests and endowments for any purpose which falls within that of the trust and, unless otherwise specified by the person making such a gift, legacy, bequest and endowment of money in furtherance of the trust, to invest the same in whole or in part in an interest-bearing trust account or general obligations of the State of New Jersey;
(b) To acquire and hold real and personal property and lands significant as natural areas, by gift, purchase, devise, bequest or by any other means, and to preserve, interpret and administer such properties; in the acquisition of such properties, to acquire properties deemed necessary for the proper use and administration of natural areas property;
(c) To apply all moneys, assets, property or other things of value it may receive as an incident to its operation to the general purpose of the trust;
(d) To cooperate with and assist, insofar as practicable, any agency of the State or any of its political subdivisions, and any private agency or person in furtherance of the purposes of the trust;
(e) To give any moneys or property held by the trust to the Commissioner of the Department of Environmental Protection on behalf of the State, for the purpose of administering, operating or maintaining the natural areas programs of the State of New Jersey;
(f) To establish a stewardship program, comprising committees of volunteers under the direction and supervision of the board of trustees, and take all reasonable action necessary for maintenance of its property, and to employ such other employees and agents as may be required in its judgment to safeguard and maintain its lands, all without regard to the provisions of Title 11, Civil Service, of the Revised Statutes;
(g) To procure insurance against any losses in connection with its property, operations or assets, in such amounts and from such insurers as it deems desirable.
L. 1968, c. 425, s. 5, eff. Jan. 23, 1969. Amended by L. 1973, c. 64, s. 4, eff. March 22, 1973; L. 1986, c. 178, s. 4, eff. Dec. 9, 1986.
13:1B-15.124. Annual report; recommendations or requests
The trust shall report annually to the Governor and the Legislature of the State of New Jersey as to their activities during the preceding year, together with any recommendations or requests the trustees deem appropriate to further the purposes of the trust.
L.1968, c. 425, s. 6, eff. Jan. 23, 1969.
13:1B-15.125. Approval mandatory
The trust may not purchase any lands directly or indirectly through the Department of Environmental Protection which will result in the incurrence of any financial obligations on the part of the State of New Jersey, without express approval of the Commissioner of the Department of Environmental Protection or the Legislature.
L. 1968, c. 425, s. 7, eff. Jan. 23, 1969. Amended by L. 1973, c. 64, s. 5, eff. March 22, 1973; L. 1986, c. 178, s. 5, eff. Dec. 9, 1986.
13:1B-15.126. Legal counsel and services; request
The trustees may request, and upon such request shall receive from the Attorney General of the State of New Jersey, all legal counsel and services necessary to carry out the purposes of the trust.
L.1968, c. 425, s. 8, eff. Jan. 23, 1969.
13:1B-15.127. Partial invalidity
If any section or sections of this act or any provision thereof shall be declared to be unconstitutional, invalid or inoperative in whole or in part, such section or provision shall, to the extent that it is not unconstitutional, invalid or inoperative be enforced and effectuated and no such determination shall be deemed to invalidate or make ineffectual the remaining provisions of the sections of this act.
L.1968, c. 425, s. 9, eff. Jan. 23, 1969.
13:1B-15.128. New Jersey Register of Historic Places
A New Jersey Register of Historic Places is established in the Division of Parks, Forestry and Recreation of the Department of Environmental Protection to consist of a permanent record of areas, sites, structures and objects within the State determined to have significant historical, archeological, architectural or cultural value.
L.1970, c. 268, s. 1, eff. Nov. 4, 1970.
13:1B-15.129. Approval of sites, structures, etc.; notice to owner
The Commissioner of Environmental Protection, with the advice and recommendations of the Historic Sites Council, shall establish criteria for receiving and processing nominations and approval of areas, sites, structures and objects, both publicly and privately owned, for inclusion in the Register of Historic Places, together with appropriate documentation thereof to be included and maintained in the register and for the public identification of such historic places by appropriate plaques or documentation. The owners of all areas, sites, structures or objects approved for inclusion in the register shall be provided with appropriate written notification thereof by the department.
L.1970, c. 268, s. 2, eff. Nov. 4, 1970.
13:1B-15.130. State aid
No State funds shall be expended for, or in aid of, acquisition, preservation, restoration or maintenance as a historic place or site of any area, site, structure or object unless and until the same shall be approved for inclusion in the Register of Historic Places, but this section shall not apply to presently owned or maintained State Historic Sites.
L.1970, c. 268, s. 3, eff. Nov. 4, 1970.
13:1B-15.131. Encroachment upon or damage to historic place; authorization; public hearing
The State, a county, municipality or an agency or instrumentality of any thereof shall not undertake any project which will encroach upon, damage or destroy any area, site, structure or object included in the Register of Historic Places without application to, and the prior written authorization or consent of, the Commissioner of Environmental Protection. The commissioner shall solicit the advice and recommendations of the Historic Sites Council in connection with any such application and may direct the conduct of a public hearing or hearings thereon prior to granting or denying authorization or consent. The failure of the commissioner to authorize, consent or deny any such application within 120 days of application therefor shall constitute his consent thereto.
L.1970, c. 268, s. 4, eff. Nov. 4, 1970.
13:1B-15.131a Preservation of certain Civil War monuments.
1. a. The Commissioner of Environmental Protection, in consultation with the Historic Sites Council, shall use volunteer services of appropriate historical organizations and the resources of the department to conduct, and update on a periodic basis, a survey of Civil War monuments located within this State. Civil War monuments which, based on the results of the survey, are determined to have significant historical value shall be included in the New Jersey Register of Historic Places.
b. In addition to the protections provided by section 4 of P.L.1970, c.268 (C.13:1B-15.131), the State, a county or municipality, or an instrumentality thereof, shall not approve any application or permit for any activity which will encroach upon, damage or destroy any Civil War monument listed in the New Jersey Register of Historic Places without first applying for the authorization of the commissioner in the manner provided in that section.
c. As used in this section, ~Civil War monument~ means any area, site, structure or object, publicly or privately owned, relating to the American Civil War.
L.1999,c.377,s.1.
13:1B-15.132. Appropriation
There is appropriated to the Department of Environmental Protection for the purpose of establishing and maintaining the New Jersey Register of Historic Places such sums as shall be included in any annual or supplemental appropriation act.
L.1970, c. 268, s. 5, eff. Nov. 4, 1970.
13:1B-15.133. Short title
This act shall be known and may be cited as the ~Open Lands Management Act.~
L.1983, c. 560, s. 1, eff. Jan. 17, 1984.
13:1B-15.134. Definitions
As used in this act:
a. ~Commissioner~ means the Commissioner of Environmental Protection;
b. ~Department~ means the Department of Environmental Protection;
c. ~Program~ means the Open Lands Management Program.
L.1983, c. 560, s. 2, eff. Jan. 17, 1984.
13:1B-15.135. Legislative findings and declarations
The Legislature finds and declares that opportunities for access to recreational open space are rapidly diminishing and that, in an effort to explore alternate techniques to provide that access, the State should aid private landowners permitting public recreational use of their land.
The Legislature further finds and declares that administering a program to aid private landowners, informing the public of recreation opportunities and evaluating the operation of the program would best be implemented by establishing an Open Lands Management Program, and by empowering the Department of Environmental Protection to provide financial assistance and in kind services to assist private landowners in maintaining and increasing public recreation opportunities, all as hereinafter provided.
L.1983, c. 560, s. 3, eff. Jan. 17, 1984.
13:1B-15.136. Open lands management program; establishment; purpose
There is established in the Division of Parks and Forestry in the Department of Environmental Protection the Open Lands Management Program.
The purpose of this program shall be to provide financial assistance and in kind services for the development and maintenance of privately owned land for recreational purposes in accordance with the provisions of this act. It shall further be the purpose of this program to evaluate the operation of State efforts to provide opportunities for recreational access to privately-owned open space.
L.1983, c. 560, s. 4, eff. Jan. 17, 1984.
13:1B-15.137. Rules and regulations
The commissioner is authorized to adopt and enforce, pursuant to the ~Administrative Procedure Act,~ P.L. 1968, c. 410 (C. 52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this act.
L.1983, c. 560, s. 5, eff. Jan. 17, 1984.
13:1B-15.138. Public meetings
The department shall undertake an informational and educational effort to acquaint landowners with the basic objectives and details of the program by conducting public meetings in the various geographical regions of the State.
L.1983, c. 560, s. 6, eff. Jan. 17, 1984.
13:1B-15.139. Projects by private landowners
a. Voluntary offers to undertake certain projects shall be solicited by the department from private landowners. The department may provide a landowner with any appropriate assistance and guidance in the development of recreational opportunity proposals particularly suited to the topographical characteristics of the land.
b. A landowner may file an application with the department, on forms prescribed by the commissioner, requesting financial assistance for a specific project or projects for public recreational access to his privately-owned open space. The department shall evaluate the application and, within 30 days of receipt of the application, either deny the application citing the reasons therefore or grant preliminary approval thereof.
c. If preliminary approval has been granted, the landowner and the commissioner may enter into an agreement, hereinafter referred to as an ~access covenant,~ which guarantees public access for a specified period of time, for specified recreational purposes to a specified parcel or parcels of land in return for appropriate and reasonable financial assistance or in kind services, or both, as determined by the commissioner.
d. If an access covenant has been signed by a landowner and the commissioner, the landowner shall cause a statement containing the conditions of the covenant to be attached to and recorded with the deed to the land in the same manner as the deed was originally recorded.
L.1983, c. 560, s. 7, eff. Jan. 17, 1984.
13:1B-15.140. Eligible projects
Projects eligible for consideration by the commissioner shall include but not necessarily be limited to:
a. Installation, repair or replacement of existing protective structures, such as fencing, water bars, berms or stiles;
b. Installation, repair or replacement of any facility which provides or improves public recreational access to privately-owned land, such as parking areas, access roads, trails, signs, picnic areas, rest areas or boat or canoe launch areas;
c. Planting, restoration or maintenance of trees or shrubs for the purpose of screening or increasing the value of scenic areas; and,
d. Repair or restoration of any vandalized crops or improvements located on, or adjacent to, agricultural land which is subject to an access covenant.
L.1983, c. 560, s. 8, eff. Jan. 17, 1984.
13:1B-15.141. Liability of owner, lessee or occupant
a. An owner, lessee or occupant of land for which an access covenant has been entered into and who is participating in the program and thereby guarantees access pursuant to subsection c. of section 7 of this act does not thereby: (1) extend any assurance that the premises, including any natural or man-made conditions, are safe for these purposes; (2) constitute the person to whom access is guaranteed an invitee or licensee to whom a duty of care is owned; or (3) assume responsibility for, or incur liability for, any injury to person or property caused by any act of persons to whom access is guaranteed.
b. This section shall not limit the liability which would otherwise exist for willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.
L.1983, c. 560, s. 9, eff. Jan. 17, 1984.
13:1B-15.142. Assessment and taxation
The access covenant for recreational purposes shall not affect the assessment and taxation of agricultural land which is taxed pursuant to the ~Farmland Assessment Act of 1964,~ P.L. 1964, c. 48 (C. 54:4-23.1 et seq.), nor shall it affect the assessment and taxation of vacant land or agricultural land which is not taxed pursuant to the ~Farmland Assessment Act of 1964.~
L.1983, c. 560, s. 10, eff. Jan. 17, 1984.
13:1B-15.143 Appointment of officers, employees; qualifications.
11. Subject to the provisions of Title 11A of the New Jersey Statutes, and within the limits of funds appropriated or otherwise made available, the commissioner may appoint any officer or employee to the department necessary to carry out the provisions of P.L.1983, c.560 (C.13:1B-15.133 et seq.) , fix and determine their qualifications, which may include a knowledge of and familiarity with the pinelands area or the Highlands Region and the residents thereof.
L.1983,c.560,s.11; amended 2004, c.120, s.47.
13:1B-15.144. Report
The commissioner shall submit a written report to the Governor and to the Legislature within one year of the effective date of this act. The report shall detail the effectiveness of the Open Lands Management Program in increasing recreational opportunities and the advisability of continuing the program at its current level, expanding the program Statewide or terminating the program.
L.1983, c. 560, s. 12, eff. Jan. 17, 1984.
13:1B-15.145. Application, acceptance and expenditure of funds
The department may apply for, accept and expend funds from any public or private source for the purposes of planning and implementing the program in accordance with the provisions of this act.
L.1983, c. 560, s. 13, eff. Jan. 17, 1984.
13:1B-15.146. Findings, declarations
The Legislature finds and declares that this State has a rich natural heritage which is in danger of disappearing as the State continues to experience economic and industrial growth; that a program to conduct an inventory of rare plants, animals, and natural communities throughout New Jersey was established in 1984 through a cooperative agreement between the Department of Environmental Protection and The Nature Conservancy, a nonprofit conservation organization; that this program is providing up-to-date information on rare species and natural communities to planners, developers, and conservation agencies for use in resource management, environmental impact assessment, and both public and private land protection efforts; that this program enables the State to share information, in a national network, with the more than 40 other states with comparable programs; that the continued success and usefulness of the program is dependent upon continuously updating and refining the information in the inventory; that, by design, The Nature Conservancy intended to end their participation in the program after fiscal year 1987 but has temporarily extended their participation pending the establishment of a formal program; the Legislature therefore determines that in order to preserve the State@s natural diversity the Natural Heritage Program needs to be formally recognized and established.
L. 1988, c. 127, s. 1.
13:1B-15.147. Natural Heritage Program
There is established in the Division of Parks and Forestry, Department of Environmental Protection, a Natural Heritage Program. The purpose of the program is to identify the most critically important natural areas in the State and provide detailed up-to-date information on rare species and natural communities to planners, developers, and conservation agencies for use in resource management, environmental impact assessment, and both public and private land protection efforts.
L. 1988, c. 127, s. 2.
13:1B-15.148. Functions
The functions of the program shall include, but need not be limited to:
a. Maintaining and updating, through data collection and field work, a partially computerized data base which includes lists of rare and endangered species, and natural communities ranked according to rarity, as well as information on the location, quality, protection status, and sources of information of individual occurrences of the above species and natural communities; and
b. Providing information on species and natural community occurrences to other government agencies, consultants, and private landowners seeking to preserve natural diversity and advice on how best to protect these occurrences.
L. 1988, c. 127, s. 3.
13:1B-15.149. Fees
The Commissioner of Environmental Protection is authorized to charge and collect fees in an amount sufficient to cover the costs of any services performed pursuant to this act. Such fees shall be in addition to any appropriation received by the department for this program and shall be devoted entirely and exclusively to carrying out the purposes and provisions of this act.
L. 1988, c. 127, s. 4.
13:1B-15.150. Administration
With the approval of the Governor, the Commissioner of Environmental Protection may cooperate with and receive money from the federal government, or any county or municipal government or from private sources for the purposes of this act and to supplement administration of the program.
L. 1988, c. 127, s. 5.
13:1B-15.151. Short title
This act shall be known and may be cited as the ~Endangered Plant Species List Act.~
L.1989, c.56, s.1.
13:1B-15.152. Findings, declarations
The Legislature finds and declares that plant species have medicinal, genetic, ecological, educational and aesthetic value to the citizens of New Jersey; that the perpetuation of many plant species native to New Jersey or the United States is in jeopardy; and that a definitive, officially recognized State list of endangered plant species is needed to eliminate the confusion resulting from various existing unofficial lists which are inconsistent and is a necessary precondition to more effectively and efficiently incorporate the preservation of our State@s natural diversity into government planning functions.
L.1989, c.56, s.2.
13:1B-15.153. Definitions
As used in this act:
~Commissioner~ means the Commissioner of the Department of Environmental Protection;
~Department~ means the Department of Environmental Protection;
~Endangered species~ means any native plant species whose survival in the State or the nation is in jeopardy, including, but not limited to, plant species designated as listed, proposed, or under review by the federal government as endangered or threatened throughout its range in the United States pursuant to the ~Endangered Species Act of 1973,~ Pub.L.93-205 (16 U.S.C. s. 1533), any additional species known or believed to be rare throughout its worldwide range, and any species having five or fewer extant populations within the State;
~Plant~ means any member of the Plant Kingdom, including all roots, stems, leaves, flowers, fruits, seeds, spores, gametophytes and other parts thereof;
~Species~ means any species, subspecies, or variety of plant.
L.1989, c.56, s.3.
13:1B-15.154. Endangered plant species list
Within one year of the effective date of this act, the Division of Parks and Forestry in the Department of Environmental Protection shall, on the basis of research and investigations and other available scientific data on plant species, and with the benefit of public comment, develop and adopt, pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.), a list of plant species occurring in the State which are endangered, either by the destruction, drastic modification, or severe curtailment of their habitat; their over-collection for aesthetic, commercial, educational, recreational, or scientific purposes; the effect on them of disease, pollution, or predation; or any other factor or combination of factors, natural or man-made.
L.1989, c.56, s.4.
13:1B-15.155. Research to determine eligibility
Within the limits of funds appropriated or otherwise made available to the department for this purpose, the commissioner shall direct research and investigations relating to historical records, populations, distribution, critical habitat needs, limiting factors, and other biological and ecological data that will aid in determining the eligibility of a plant species for inclusion on the endangered plant species list.
L.1989, c.56, s.5.
13:1B-15.156. Moneys
The commissioner may cooperate with, and accept moneys from, the federal government, or any county or municipal government, or from any other State or private source to carry out this act. The commissioner may establish a separate fund from these contributions for the support of endangered plant species.
L.1989, c.56, s.6.
13:1B-15.157. Educational, informational programs
Within the limits of funds appropriated or otherwise made available to the department for this purpose, the commissioner shall develop and implement any educational or informational programs deemed necessary to inform the public as to the status and significance of endangered plant species in the State.
L.1989, c.56, s.7.
13:1B-15.158. Rules, regulations
The department shall, within 90 days of the effective date of this act and pursuant to the ~Administrative Procedure Act,~ propose rules and regulation governing the formulation, and any revision, of the endangered plant species list to be adopted pursuant to section 4 of this act.
L.1989, c.56, s.8.
13:1B-15.159 Establishment of natural resources inventory.
1. The Department of Environmental Protection, in cooperation with the Division of Travel and Tourism in the New Jersey Commerce and Economic Growth Commission, in consultation with the Pinelands Commission as it affects the pinelands area designated pursuant to section 10 of P.L.1979, c.111 (C.13:18A-11), and in consultation with the Highlands Water Protection and Planning Council as it affects the Highlands Region designated pursuant to section 7 of P.L.2004, c.120 (C.13:20-7), shall establish a natural resources inventory, using the Geographic Information System, for the purpose of encouraging ecologically based tourism and recreation in New Jersey. This inventory shall contain information on New Jersey@s natural, historic, and recreational resources, and shall include, to the greatest extent possible, but need not be limited to, federal, State, county and local parks, wildlife management areas, hatcheries, natural areas, historic sites, State forests, recreational areas, ecological and biological study sites, reservoirs, marinas, boat launches, campgrounds, waterfront access points, winter sports recreation areas, and national wildlife refuges.
L.1997,c.64,s.1; amended 2004, c.120, s.48.
13:1B-15.160. Pamphlet of information published
2. Within one year of the effective date of this act, the Department of Environmental Protection shall publish and make available to the public at all State offices a pamphlet which shall contain , to the greatest extent possible, information on the location, available facilities and activities, operating hours, admission fees, parking fees, and phone numbers of the areas included on the inventory established pursuant to section 1 of this act, together with any maps or indexes and any other information deemed helpful to facilitate the use of the areas. The department shall annually update the information contained in the pamphlet to provide the public with the most comprehensive and current information on the resources described in section 1 of this act.
L.1997,c.64,s.2.
13:1B-15.161. Information on public computer network
3. Within one year of the publication of the pamphlet completed pursuant to section 2 of this act, the Department of Environmental Protection shall make the information contained in the pamphlet available to the public through a widely available nonproprietary cooperative public computer network.
L.1997, c.64,s.3.
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