Directs DEP to lift conservation restrictions imposed as condition of CAFRA permit under certain conditions.

A1620 1R

[First Reprint]

ASSEMBLY, No. 1620

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

Assemblyman� ERIK K. SIMONSEN

District 1 (Atlantic, Cape May and Cumberland)

Assemblyman� ALEXANDER "AVI" SCHNALL

District 30 (Monmouth and Ocean)

Co-Sponsored by:

Assemblymen Rumpf, Scharfenberger and Myhre

SYNOPSIS

���� Directs DEP to lift conservation restrictions imposed
as condition of CAFRA permit under certain conditions.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Oversight, Reform and
Federal Relations Committee on February 12, 2026, with amendments.

��

An Act
concerning certain conservation restrictions and
supplementing P.L.1973, c.185 (C.13:19-1 et seq.).

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� As used in this
section, "conservation restriction" means a restriction, easement,
covenant, or condition in a deed, will, or other instrument, other than a
lease, which is executed by or on behalf of the owner of the land for the
purposes of:�

���� (1) retaining land or water
areas predominantly in their natural state;

���� (2) conservation of soil or
wildlife;

���� (3) outdoor recreation or park
use;

���� (4) public access to tidal
waterways and their shores;

���� (5) providing suitable habitat
for fish or wildlife; or

���� (6) forbidding or limiting any
or all of the following
1
:
1

���� (a) constructing or placing
buildings, roads, signs, billboards or other advertising, or other structures
on or above the ground
1
[
,
]

;
1

���� (b) dumping or placing soil or
other materials as landfill
1
[
,
]

;
1

���� (c) dumping or placing trash,
waste, or unsightly or offensive materials
1
[
,
]

;
1

���� (d) removing or destroying
trees, shrubs, or other vegetation
1
[
, (d)
]
; (e)
1

excavating, dredging, or removing loam, peat, gravel, soil, rock, or other
mineral substances
1
[
, (e)
]

;

����
(f)
1
surface
uses except those that permit the land or water area to remain predominantly in
its natural condition
1
[
, (f)
]
;

����
(g)
1

activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation
1
[
,
]

;
1
or

����
1
[
(g)
]

(h)
1
�other
acts or uses detrimental to the retention of land or water areas according to
the purposes of P.L.1973, c.185 (C.13:19-1 et seq.).

���� b.� Notwithstanding the
provisions of
1
the
�Coastal Area Facility Review Act,�
1

P.L.1973, c.185 (C.13:19-1 et seq.) or the rules and
regulations adopted pursuant thereto to the contrary, the Department of
Environmental Protection, upon application of the respective real property
owner, shall lift a conservation easement that has been conditionally imposed
on a parcel of real property, pursuant to a permit issued under P.L.1973, c.185
(C.13:19-1 et seq.), provided that:

���� (1) the department determines,
to its satisfaction, that the parcel of real property is needed, and, upon the
lifting of the easement thereon, will be used, for the purpose of enabling or
facilitating the physical expansion of an existing school for special needs
children; and

���� (2) the department, as a
condition of lifting such conservation easement on the parcel of real property
at issue, requires and takes appropriate action to ensure that a new,
substantively similar conservation restriction is imposed on another parcel of
real property at least twice the size of, and located no more than 20 miles
from, the original parcel on which the conservation easement is being lifted
pursuant to this section.�

���� 2.��� This act shall take
effect immediately.