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Bill > S2306


NJ S2306

NJ S2306
Prohibits DEP from demolishing or requiring removal of certain cabins or similar structures located in certain tidal wetlands.


summary

Introduced
03/22/2018
In Committee
03/22/2018
Crossed Over
Passed
Dead
01/08/2020

Introduced Session

2018-2019 Regular Session

Bill Summary

This bill would prohibit the Department of Environmental Protection (DEP) from removing, or requiring the removal of, any cabin or similar structure located in tidal wetlands in Lower Alloways Creek Township, Salem County when the cabin serves as a general use structure available to use to anyone who needs a way station. The bill provides that the State would not be liable for any damage to personal or real property or injury incurred to a person using such a cabin or similar structure. This immunity of the State from liability would be in addition to other immunity provided to the State by any other statutory or common law. The prohibition and the liability immunity in the bill would not apply to any cabin or similar structure: (1) for which there is documentation demonstrating that the State acquired the land on which the cabin or similar structure is located prior to the construction of the cabin or similar structure: (2) for which there is documentation demonstrating that the cabin or similar structure was built in violation of State law; or (3) constructed by the State. This bill is in response to an action taken last year by the DEP ordering that eight cabins located in tidal wetlands in Lower Alloways Creek Township, Salem County be removed. These cabins, in existence for decades, serve as unique shelter and are of local historic importance.

AI Summary

This bill prohibits the Department of Environmental Protection (DEP) from demolishing or requiring the removal of any cabin or similar structure located in tidal wetlands in Lower Alloways Creek Township, Salem County, when the cabin serves as a general use structure available to anyone who needs a way station. The bill also provides that the State will not be liable for any damage or injury incurred by a person using such a cabin or structure. However, this immunity and prohibition do not apply to cabins or structures for which the State acquired the land prior to their construction, were built in violation of State law, or were constructed by the State.

Committee Categories

Agriculture and Natural Resources

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 03/22/2018)

bill text


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