Dear Mayor:

The Department of Environmental Protection has proposed new Green Acres Rules that are of concern to municipalities. For example, proposed rule 7:36-25.6 appears to require a cumbersome and expensive hearing process for any change of use of funded or unfunded parkland, even if the use is a recreational use for the public. Such a requirement would be a waste of public funds and an unwarranted intrusion on home rule.

Comments on these rules can be sent by September 3, 2005 to:

Gary Bower, Esq.
Attn: DEP Docket No.18-05-06/161
Office of Legal Affairs
Department of Environmental Protection
PO Box 402
Trenton, NJ08625-0402

The proposed rules were published in the July 5 New Jersey Register and can be accessed online at: http://www.state.nj.us/dep/rules/notices.html A public hearing on the rules will be held on Thursday, July 28, 2005, from 2-4 p.m., in the Public Hearing Room of the DEP, 401 East State Street, 1st floor, Trenton, NJ, 08625.

The League will post its comments when they are completed. 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.