• Views: in the last
  • 19Week
  • 12Month
  • 98Total


  • NJ A4092
  • Provides for protection of public's rights under public trust doctrine.
Introduced
(9/15/2016)
In Committee
(3/20/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would confirm in the statutes the longstanding and inviolable public rights under the public trust doctrine to use and enjoy the State's tidal waters and adjacent shorelines. The people's ownership of the tidal waters and adjacent shorelines is held in trust by the State. This bill would ensure that the State, through the Department of Environmental Protection (DEP), protects the public's right of access to public trust lands in its funding decisions and in the implementation of the "Coastal Area Facility Review Act," R.S.12:5-3 (the waterfront development law), "The Wetlands Act of 1970," the "Flood Hazard Area Control Act," the "Hackensack Meadowlands Reclamation and Development Act," the State's implementation of the federal "Coastal Zone Management Act of 1972," or any other law. In addition, the bill requires that the DEP ensure that any public funding issued, and any action taken on a project using public funding, is consistent with the public trust doctrine. The bill also requires the DEP to ensure that any approval, permit, administrative order, or consent decree issued, or other action taken by the DEP pursuant to the above-cited statutes, is consistent with the public trust doctrine. Further, the bill provides that for any application for a permit or other approval issued pursuant to those laws, where the applicant proposes a change in the existing footprint of a structure, or a change in use of the property, the DEP is required to review the public access provided and determine whether to require additional public access consistent with the public trust doctrine and in accordance with the scale of the changes to the footprint or use, the demand for public access, and any adopted municipal public access plan or public access element of a municipal master plan. In addition, the bill would prohibit the DEP from adopting any rule or regulation pursuant to the "Coastal Area Facility Review Act," R.S.12:5-3 (the waterfront development law), "The Wetlands Act of 1970," the "Flood Hazard Area Control Act," the "Hackensack Meadowlands Reclamation and Development Act," and the State's implementation of the federal "Coastal Zone Management Act of 1972," or any other law, that mandates on-site public access to the tidal waters or adjacent shorelines as a condition of any approval, permit, administrative order, or consent decree at any existing structure or facility that requires exclusion of the public for security reasons as designated by the New Jersey Office of Homeland Security and Preparedness. The bill would also authorize the DEP to restrict public access to tidal waters and adjacent shorelines to protect critical habitat areas from injurious uses, or threatened or endangered species or their habitat areas from injury or injurious uses, but only to the extent necessary according to the needs of the habitat areas or species. Finally, the bill provides that a public access plan element for tidal waters and adjacent shorelines be included, where appropriate, in a municipality's master plan under the "Municipal Land Use Law."
Environment and Solid Waste
Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee  (on 3/20/2017)
 
 

Date Chamber Action Description
3/20/2017 A Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee
3/20/2017 Assembly Environment and Solid Waste Hearing (19:00 3/20/2017 )
9/15/2016 A Introduced, Referred to Assembly Environment and Solid Waste Committee
Date Motion Yea Nay Other
Detail 3/20/2017 Assembly Environment and Solid Waste Committee: Reported with Amendments 4 0 2