Rule proposals available for public comment (draft pre-proposals as well as rule proposals published in the New Jersey Register) are posted on this page.

Rule Pre-Proposal: Appraising and Cost-Sharing on Properties Encumbered by a Conservation Easement or Development Restriction

Rule Pre-Proposal
Cover Memo
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Comments Due by June 30, 2009

Summary: This pre-proposal addresses SADC review of applications for the sale of a development easement on property already restricted pursuant to a recorded conservation easement or a recorded instrument limiting or prohibiting further development. The rule pre-proposal states that if the SADC becomes aware of any such restriction/easement that is held for the benefit of the public, the agency will not entertain an attempt to remove or rescind the restriction during the pendency of the application. An applicant who wants to remove such a restriction may withdraw the farmland preservation application, have the restriction legally repealed, and then reapply to the program, but with no prior status or funding commitment. Restrictions/easements that are privately held (e.g., between two property owners and not for the benefit of the public) will be analyzed on a case-by-case basis to determine whether it is necessary or prudent to amend or remove the restriction during the SADC's application process.

Proposed Re-adoption of N.J.A.C. 2:76

Proposed Readoption: N.J.A.C. 2:76
Publication Date: April 6, 2009
Public Comment Period Expires: June 5, 2009

Summary: The SADC proposes to readopt N.J.A.C. 2:76 -- the SADC's rules governing the Farmland Preservation and Right to Farm Programs -- as the rules are scheduled to expire on March 30, 2010 pursuant to N.J.S.A. 52:14B-5.1c. No amendments to the chapter are proposed.

Courtesy Copy of Proposed Readoption

Official copy of the proposed readoption: Go to http://www.lexisnexis.com/njoal/. Then click "I agree" and close the new window (http://www.michie.com) that pops up. At the N.J. Administrative Code and Register page, click the "NJ - New Jersey Register" link at the top-left and enter "41 N.J.R. 1300(a)" in the search box.