Bill > A5551

Introduced Session

This bill would prohibit the sale, lease or renewal of a lease for a term of 3 years or more, or exchange of any real property or improvement that is located on tidally-flowed waters or adjacent shorelines, or that is utilized for public access to any tidally flowed waters or adjacent shorelines, by a county or municipality unless the county or municipality first conducts two public hearings on the proposed sale, lease, lease renewal, or exchange at least 14 days apart and at least 90 days in advance of the date of the proposed sale, lease, lease renewal, or exchange. The bill would also require that the county or municipality, as applicable, obtain the approval of the Department of Environmental Protection for the sale, lease, lease renewal, or exchange. An application for approval would be made to the department after the required public hearings, in a form and manner as determined by the department. The department would be required to approve the sale, lease, lease renewal, or exchange only if the department finds that the sale, lease, lease renewal, or exchange does not affect the public's right of access to the tidally flowed waters or adjacent shorelines and is otherwise consistent with the public trust doctrine and the provisions of P.L.2019, c.81 (C.13:1D-150 et seq.). Under the bill, the department may require, as a condition of an approval granted pursuant to this section, that the county or municipality, as applicable, or the prospective owner or lessee of the real property or improvement undertake additional measures, as the department deems appropriate, to ensure that the public has sufficient access to the tidally flowed waters and adjacent shorelines.

AI Summary

Committee Categories

JoAnn Downey (D)*,  Eric Houghtaling (D)*, 

Introduced, Referred to Assembly Environment and Solid Waste Committee (on 05/05/2021)