Dear Mayor:

We are pleased to report that the final version of the new Green Acre Rules adopted by the Department of Environmental Protection contained changes made in response to some of the municipal concerns expressed by the League at a November 21 meeting with DEP officials.

First, the notice requirements for the "change in use" hearing were modified to be somewhat less burdensome to municipalities. The notice to all property owners and easement holders within 200 feet of the subject property was deleted in its entirety. This was a big improvement, particularly in light of the difficulty of searching down all easements on neighboring property. Furthermore, the requirement of legal notice in a newspaper was made optional. Still required are a display ad and physical notice on the property itself.

Second, the rules no longer prohibit the signing of an option agreement with a landowner prior to even requesting at risk authorization. This change was made to address the needs of a local government unit (or nonprofit) that needs to reach agreement with the property owner prior to beginning the process to obtain such authorization.

The full response to comment document was published in the January 3, 2006 New Jersey Register. If you have any questions about the new rules, please contact Martha Sapp or Judith Yeany at (609) 984-0500. If you have any questions or concerns about this communication, please contact Deborah M. Kole, Staff Attorney, at the League, ex. 37, or at dkole@njslom.com