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

S3377 1R

[First Reprint]

SENATE, No. 3377

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� ROBERT W. SINGER

District 30 (Monmouth and Ocean)

Senator� JOSEPH P. CRYAN

District 20 (Union)

SYNOPSIS

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

CURRENT VERSION OF TEXT

���� As reported by the Senate Environment and Energy
Committee on May 18, 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.