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State of New Jersey Department of Environmental Protection
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Implementing Municipal Public Access Plans
Conservation Restrictions

Source: NJ Department of Environmental Protection, Coastal Management Office, Public Access in New Jersey: the Public Trust Doctrine and Practical Steps to Enhance Public Access, by Robert Freudenberg, Trenton, NJ, 2006 (pdf)

C. Private Property Rights

2. Conservation Restrictions
A private landowner may dedicate a portion of their property through a conservation restriction for a specific use. Conservation restrictions often take the form of easements. In this situation, the property owner maintains the right to use that parcel of land, but may not interfere with the agreed upon purpose described by the conservation restriction. For example, a property owner may be required to record a conservation restriction allowing public access across their property as a condition of developing the property. The parcel of land secured in the conservation restriction would become available to the public as an accessway to the shore. The public may not use that parcel for any other purpose than to reach the shore. The private landowner may use this parcel for any purpose, provided it does not interfere with the public’s ability to use it as an accessway. Conservation restrictions are recorded under the New Jersey Conservation Restriction and Historic Preservation Restriction Act (N.J.S.A. 13:8B-1 et. seq.).

 

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