Bill > A3861

Introduced Session

This bill would allow, as an option for required freshwater wetlands mitigation associated with a development project, the creation of freshwater wetlands or the enhancement or restoration of degraded freshwater wetlands offsite on State-owned, municipally-managed Blue Acres land, provided that the State and the municipality in which the land is located have both granted permission for the land to be used for that purpose. The "Freshwater Wetlands Protection Act" currently provides, with respect to freshwater wetlands mitigation requirements, that if the Department of Environmental Protection (DEP) determines that the creation, enhancement, or restoration of freshwater wetlands on a development site is not feasible, the DEP, in consultation with the United States Environmental Protection Agency, may consider the option of permitting the developer to: (1) create freshwater wetlands or enhance or restore degraded freshwater wetlands offsite on private property with the restriction on these freshwater wetlands of any future development; (2) protect wetlands transition areas or upland areas offsite, on private property, that are deemed by the DEP to be valuable for the protection of a freshwater wetlands ecosystem, with the restriction on these areas of any future development; or (3) make an appropriate contribution to the Wetlands Mitigation Bank. This bill would add a fourth mitigation option, i.e., the creation of freshwater wetlands or the enhancement or restoration of degraded freshwater wetlands offsite on State-owned, municipally-managed Blue Acres land, provided that the State and the municipality in which the land is located have both granted permission for the land to be used for that purpose. The bill defines "Blue Acres land" to mean a parcel of real property acquired and owned by the State under a federal or State program for the acquisition of real property, for recreation and conservation purposes, that has been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage, and which parcel is managed for recreation and conservation purposes by the municipality in which the land is located under an agreement made between the State and the municipality.

AI Summary

Committee Categories

Craig Coughlin (D)*, 

Introduced, Referred to Assembly Environment and Solid Waste Committee (on 01/13/2026)

Official Document