Open space/Conservation Easements

New Jersey law requires environmental commissions to maintain an index of public and private open space in the municipality. This can be in the ERI (Environmental Resource Inventory), or as a separate database. According to N.J.A.C 7:7-9.38, “public open space constitutes land areas owned or maintained by State, Federal, county and municipal agencies or private groups (such as conservation organizations and homeowner’s associations) and used for or dedicated to conservation of natural resources, public recreation, visual or physical public access or, wildlife protection or management. Public open space also includes, but is not limited to, State Forests, State Parks, and State Fish and Wildlife Management Areas, lands held by the New Jersey Natural Lands Trust (13:1B-15.1 19 et seq.), lands held by the New Jersey Water Supply Authority (58:1B-1 et seq.) and designated Natural Areas (13:1B-15.1 2a et seq.) within DEP-owned and managed lands “

New Jersey’s open space provides a variety of environmental and economic benefits including protection of water resources, preservation of biodiversity and wildlife habitats, creation of greenways, enhancement of urban centers, and support of recreational opportunities. In addition, parks and open spaces promote public health by encouraging active lifestyles that improve physical and mental wellness.  Acquiring open space also is a vital strategy to preserve land for agriculture, protect rural landscapes, and sustain the State’s tourism industry.  Furthermore, public land acquisition, park development, and natural resource stewardship projects are important to successful urban redevelopment initiatives.

Resources

What is the Green Acres Program?

The Green Acres rules (N.J.A.C. 7:36) govern the award of loans or matching grants, or both, to local government units for the acquisition or development of land, and matching grants to nonprofits for the acquisition or development of land, for outdoor recreation and conservation purposes. These rules establish project eligibility requirements, application requirements, funding award categories and criteria, matching grant and loan terms, and program administrative requirements.  Its mission is to achieve, in partnership with others, a system of interconnected open spaces, whose protection will preserve and enhance New Jersey’s natural environment and its historic, scenic, and recreational resources for public use and enjoyment. More information can be found here.

Understanding Conservation Easements

A conservation easement is a legal agreement that limits certain activities on a property to protect its natural resources. These restrictions are put in place to ensure that the land remains in its natural state and is not overly developed or harmed. Municipalities in New Jersey often use conservation easements as part of their land development process to safeguard valuable natural areas while allowing for responsible growth and development.

For instance, imagine a scenario where a developer plans to divide a 100-acre farm into residential lots. If there’s a stream and wetland areas on the property, the municipality might require the developer to grant a conservation easement along these sensitive areas. This easement would be recorded in the property’s official records and would limit activities that could harm the stream and wetlands.

Municipalities may also reserve the right to monitor these easements regularly to ensure they’re being followed. This monitoring involves visits to the property to check for any changes or violations that could harm the natural resources protected by the easement.

Maintaining an inventory of conservation easements and ensuring their proper stewardship is an essential task for environmental commissions. These commissions play a vital role in educating the community about the importance of conservation easements and assisting municipalities in managing them effectively.

Resources:

  1. Creating a Conservation Easement Inventory  (ANJEC Info Sheet)
  2. Land Stewardship – Conservation Easements  (ANJEC Info Sheet)
  3. Conservation Easement Monitoring Documentation  (Easement Survey)
  4. Manalapan Environmental Commission’s Easement Pamphlet: The Manalapan Environmental Commission has created a helpful brochure explaining conservation easements and their significance. You can access the brochure here.
  5. New Jersey Department of Environmental Protection (NJDEP): The NJDEP provides valuable information and resources on conservation easements in New Jersey. Visit their website at www.nj.gov/dep/ for more details.
  6. New Jersey Conservation Foundation: The New Jersey Conservation Foundation is dedicated to preserving land and natural resources throughout the state. Their website, www.njconservation.org, offers insights into conservation efforts and resources for individuals and municipalities interested in protecting natural areas.
  7. Local Municipal Websites: Check your municipality’s official website or contact your local environmental commission to learn more about conservation easements specific to your area. They can provide information on local ordinances, regulations, and initiatives related to land conservation and preservation.

By understanding and supporting conservation easements, residents of New Jersey can contribute to the preservation of the state’s natural beauty and ecological diversity for future generations.

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