New Jersey Register of Historic Places Act Rules, N.J.A.C. 7:4, Readopted with
Effective July 2, 2015
Since 1970, the State of New
Jersey has recognized and protected historic properties with a straightforward
and effective law, the New Jersey Register of Historic Places Act (N.J.S.A.
13:1B-15.128 et seq.). The law allows historic properties to be nominated
and entered in the New Jersey Register of
Historic Places, which is maintained by the Historic Preservation Office.
Once a property is listed in the New Jersey Register, any public undertaking
that would "encroach upon, damage or destroy" the registered historic
property must by reviewed pursuant to this law and receive prior authorization
from the Commissioner of the Department of Environmental Protection. Strictly
private undertakings are not reviewable.
implementing review under the New Jersey Register of Historic Places Act
are outlined in N.J.A.C. 7:4, and consist of the following steps:
of an Application for Project Authorization;
- HPO review
for determination of Encroachment or No Encroachment;
by the Historic Sites Council for those projects deemed Encroachments.
Projects that do not constitute an encroachment are approved administratively;
action by the Commissioner based on HPO and Historic Sites Council recommendations
Application for Project Authorization
APPLICATION FORM AND INSTRUCTIONS
for Project Authorization must be submitted by any state, county, or local
government agency (or their lessees or agents) whose project, or undertaking,
may encroach upon a New Jersey Register listed property. Applications must
be technically complete and sufficient in order for the review process to
begin; therefore, applicants are encouraged to contact the HPO as early
in the planning process as possible to discuss the undertaking.
undertakings requiring New Jersey Register authorization include: rehabilitations,
alterations, demolitions, relocations, acquisitions, sales, leases, transfers
of deed, and easements. The following examples would not be considered undertakings:
changes in local zoning, issuance of building or demolition permits to private
entities, and routine maintenance.
are those undertakings which adversely effect listed properties. An effect
occurs when an undertaking impacts the historic characteristics for which
a property is listed in the New Jersey Register. These effects may be beneficial
or adverse, and may be direct or indirect. When such effects adversely impact
the property, and do not meet the Secretary
of the Interior's Standards and Guidelines for the Treatment of Historic
Properties, the project is considered an encroachment. Examples
of encroachments include demolition
of a contributing resource in a historic district, the taking of property
from a historic resource, or the alteration of key character-defining elements
of a listed property.
Based on review
by HPO staff, a project determined not to be an encroachment will
be authorized in writing within forty-five days of receipt of the technically
complete application. Projects determined to constitute an encroachment
are submitted to the Historic Sites Council for review.
Historic Sites Council
Historic Sites Council Meeting Schedule:
Historic Sites Council Meeting Schedule:
(Agendas are PDF formatted)
401 E. State Street
Public Hearing Room
above for the agenda (PDF Format) or contact the
HPO for times and locations
NOTE: All HSC
meetings take place
on the 3rd Thursday
of the month, unless otherwise noticed.
Sites Council is a gubernatorially appointed body of eleven citizens created
to advise the Commissioner. The Council reviews proposed "encroachments"
at an open public meeting, and makes a recommendation to the Commissioner
for final action. The Historic Preservation Office acts as staff to the
Historic Sties Council. The Historic Sites Council meets on the third Thursday
of every other month. Meetings typically begin at 10:00 AM.
of the meeting is provided by both the HPO and the applicant. The HPO notifies
the Secretary of State, the chief elected local official, and major circulation
newspapers in the project area, while the applicant must notify directly
affected property owners, local historical societies and historic preservation
commissions, relevant local agencies concerned with historic preservation,
and relevant Statewide preservation organizations.
At the meeting,
the applicant is given an opportunity to present the application and interested
members of the public are provided with an opportunity to comment on the
project. After receiving the applicant's and public comments, the Council
makes a formal recommendation to the Commissioner. In considering the application,
the Historic Sites Council evaluates whether the undertaking is in conformance
with the above referenced criteria and standards, the public benefit of
the proposed undertaking, potential prudent and feasible alternatives, and
the measures taken to avoid, minimize, or mitigate the encroachment.
Based on the
recommendations of the Council, the Commissioner may:
the encroachment as described in the application;
the encroachment with conditions;
deny the application based on the need for additional information or exploration
of additional alternatives; or
- Deny the
application with specific reasons.
final decision must be rendered within 120 days of receipt of the technically
Forms and Publications:
- Application Form and Instructions (PDF Format)
- New Jersey Register of Historic Places Act (N.J.
S.A. 13:1B-15.128 et seq.) (HTML)
- New Jersey Register Review Procedures (PDF
- Five Minute Look at New Jersey Register Reviews
- Alternatives Analysis Outline for Protecting Buildings (PDF Format)
NJ Register Review