Municipal Public Access Planning>Implementing Municipal Public Access Plans>Conservation Restrictions
N.J.A.C. 7:7E-8.11(z) Conservation Restrictions
The areas set aside for public access to tidal waterways and their shores shall be permanently dedicated for public use through the recording of a Department approved conservation restriction under the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-1 et seq., maintaining the publicly dedicated areas in perpetuity. A conservation restriction shall:
- Be in the appropriate form and terms as specified and approved by the Department;
- Be recorded in accordance with the New Jersey Recording Act, N.J.S.A.
46:15-1.1 et seq.;
- Run with the property and be binding upon the property owner and the successors in interest in the property or in any part thereof; and
- Be recorded in the office of the clerk of the county or the registrar of deeds and mortgages of the county in which the development, project, or project site is located;
- Proof of recording shall be submitted to the Department prior to the commencement of site preparation or construction, or permit effectiveness.
Public Access in New Jersey: the Public Trust Doctrine and Practical Steps to Enhance Public Access provides an indepth review of conservation restrictions for public access in New Jersey. It was prepared in 2006 by the Coastal Management Office of the New Jersey Department of Environmental Protection, and Principal Investigator: Robert Freudenberg – NOAA Coastal Management Fellow 2004-2006.