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S 3377

Directs DEP to lift conservation restrictions imposed as condition of CAFRA permit under certain conditions.

2026-2027 Regular Session Introduced by Joe Cryan and 1 co-sponsor

The bill allows lifting a CAFRA conservation easement if used for expanding a special needs school, provided a substantially similar replacement restriction is placed on a nearby p

Referred to Senate Budget and Appropriations Committee
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Bill Summary · S 3377

Summary of Bill S 3377 (Session 222, New Jersey)

Purpose and intent

  • The bill directs the Department of Environmental Protection (DEP) to lift certain conservation restrictions that are currently imposed as a condition of a CAFRA permit.
  • The lift is permitted only under specific circumstances related to the expansion of a school for special needs children and requires a replacement conservation restriction on another parcel.

Key provisions and changes

  • Definitions
    • Defines “conservation restriction” to include restrictions, easements, covenants, or conditions in deeds or similar instruments (excluding leases) aimed at preserving land or water in a natural state or ensuring habitat, public access, or other conservation goals, and restricting certain activities (construction, dumping, vegetation removal, dredging, surface uses, drainage, etc.) that would detract from those goals.
  • Lifting conservation easements
    • The DEP may lift a conservation easement on a parcel that was imposed as a condition of a CAFRA permit, but only if: 1) The DEP determines that the parcel is needed and will be used for the physical expansion of an existing school for special needs children. 2) As a condition of lifting the easement, the DEP requires and ensures that a new, substantively similar conservation restriction is imposed on another parcel.
  • Replacement restriction requirements
    • The replacement parcel must be at least twice the size of the original parcel.
    • The replacement parcel must be located no more than 20 miles from the original parcel.
    • The new restriction must be substantively similar in conservation purpose to the one lifted.
  • Effective date
    • The act takes effect immediately upon enactment.

Who and what would be affected

  • Parties involved
    • Real property owners with CAFRA-imposed conservation restrictions.
    • The DEP, which would assess eligibility for lifting restrictions and enforce the replacement restriction.
    • An existing school for special needs children seeking expansion.
    • A replacement parcel owner on whom the new conservation restriction would be placed.
  • Geographic/property impact
    • Lifting is possible only if a suitable replacement parcel is located within 20 miles of the original parcel and is at least twice as large.
  • Conservation protections
    • While the original easement may be removed, a new conservation restriction on a different parcel would continue to provide conservation protections, maintaining similar purposes.

Procedural and timeline aspects

  • Process
    • An application would be made by the landowner seeking to lift the restriction.
    • DEP would evaluate the need for the original parcel for school expansion and the feasibility of locating a replacement parcel meeting size and distance requirements.
    • DEP must ensure a new, substantively similar conservation restriction is placed on the replacement parcel as a condition of lifting the original easement.
  • Timing
    • The bill’s text indicates immediate effect upon enactment; procedural timelines would follow DEP review and approval processes for CAFRA-related actions and real property restrictions.

Notable details

  • The bill explicitly ties the lifting of a conservation easement to a specific public interest (expansion of a school for special needs children) and to the ongoing conservation value via a replacement restriction.
  • The replacement restriction must be substantially similar, ensuring ongoing conservation objectives are preserved even after lifting the original easement.

Context and status

  • Introduced in the Senate and sponsored by Bob Singer and Joe Cryan.
  • Reported from the Senate Environment and Energy Committee with amendments and referred to the Senate Budget and Appropriations Committee (as of the latest action history).
  • Immediate effective date upon enactment.

Compiled from official sources — confirm details with the bill’s official record.

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