Bill > A582

Introduced Session

This bill would prohibit the Department of Environmental Protection from requiring a deed restriction or from imposing any other conditions or requirements upon a property, applicant, property owner, or person whose project, development, or activity qualifies for an exemption from the provisions of the "Highlands Water Protection and Planning Act," as a condition of the department issuing a Highlands applicability and consistency determination or otherwise acknowledging entitlement to a statutory exemption. Current DEP regulations and procedures require in certain circumstances that persons apply for a determination of the applicability of the Highlands law and rules to their project, development, or activity. Even when the department has determined a project, development, or activity to be exempt from the act pursuant to the statute, it has required a deed restriction and has made its determination of exemption conditional on submission of a deed restriction to the department. This bill would prohibit the department from imposing such conditions on projects, developments, or activities statutorily exempt from the act. This bill would be retroactive to the effective date of the "Highlands Water Protection and Planning Act."

AI Summary

Committee Categories

John DiMaio (R)*,  Parker Space (R)*,  Harold Wirths (R)*, 

Introduced, Referred to Assembly Environment and Solid Waste Committee (on 01/14/2020)