Bill Text: NJ A3133 | 2014-2015 | Regular Session | Amended
Bill Title: Requires DEP to establish "private wildlife habitat certification program"; creates affirmative defense against municipal nuisance ordinances for properties certified under the program.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2015-06-29 - Received in the Senate, Referred to Senate Environment and Energy Committee [A3133 Detail]
Download: New_Jersey-2014-A3133-Amended.html
Sponsored by:
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Requires DEP to establish "private wildlife habitat certification program"; creates affirmative defense against municipal nuisance ordinances for properties certified under the program.
CURRENT VERSION OF TEXT
As reported by the Assembly Environment and Solid Waste Committee on October 27, 2014, with amendments.
An Act concerning the creation of private wildlife habitat and municipal nuisance ordinances and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Certifying entity" means a nonprofit conservation organization, a for-profit landscaping company, or any other private entity, provided that the commissioner has determined that the entity possesses the appropriate expertise, qualifications, and resources to assess whether a property satisfies the standards and criteria established for purposes of certifying a property as a "certified private wildlife habitat" pursuant to section 2 of this act.
"Commissioner" means the Commissioner of Environmental Protection.
2. a. The Commissioner of Environmental Protection shall establish a private wildlife habitat certification program. In establishing the program, the commissioner may consider any standards used by recognized conservation organizations for purposes of certifying properties as suitable wildlife habitat.
b. The commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the program, including but not limited to, rules and regulations that:
(1) establish standards and procedures for the physical inspection and certification of a property as "certified private wildlife habitat";
(2) identify one or more certifying entities which shall be authorized to physically inspect and certify that a property is a "certified private wildlife habitat," and provide that the certifying entities may charge fees to cover reasonable costs associated with the inspection and certification process; and
(3) promote the substantial use of native plants.
c. The commissioner shall maintain a list of all certifying entities identified pursuant to paragraph (2) of subsection b. of this section and shall publish the list on the department's Internet website.
3. A certifying entity shall issue to the owner of each property that applies and qualifies for certification as a "certified private wildlife habitat" 1[(1)]1 a certificate of registration to be filed by the property owner with the municipality in which the property is located pursuant to the provisions of section 4 of this act, and 1[(2)]1 a sign designating the property as a "certified private wildlife habitat," which may be posted on the property by the owner.
4. a. Prior to altering a property for purposes of establishing a "certified private wildlife habitat," a property owner shall obtain from a certifying entity a certificate of registration designating the property as a "certified private wildlife habitat" and file the certificate of registration with the municipal clerk 1of the municipality in which the property is located1 . The municipal clerk may charge a fee not to exceed $25 for each certificate of registration filed with the clerk 1[in which the property is located]1.
b. (1) A certificate of registration shall expire two years after the issue date thereof, provided, however, a property owner may renew the certificate of registration one time prior to its expiration for an additional two years by submitting to the municipality a written and signed certification that the property:
(a) continues to comply with all applicable standards and criteria for the certification of the property as a "certified private wildlife habitat"; and
(b) remains substantially unaltered or has been improved since the time the initial certificate of registration was issued.
(2) The municipal clerk may charge a fee not to exceed $25 for the renewal of a certificate of registration pursuant to paragraph (1) of this subsection.
c. Upon the expiration of a certificate of registration, a person may apply for a new certificate of registration, which shall 1[issue] be issued1 subject to all the standards, procedures, and requirements established in this act, and any 1[rule] rules1 or 1[regulation] regulations1 adopted pursuant thereto, including a new physical inspection and new certification of the property by a certifying entity.
5. A person who files and maintains an unexpired certificate of registration with a municipality in compliance with the provisions of this act, and the rules and regulations adopted pursuant thereto, shall be entitled to an affirmative defense against any liability for a violation of a municipal ordinance under which the "certified private wildlife habitat," or any component thereof, is deemed, or would be deemed, a nuisance or an otherwise unlawful condition. The person shall be entitled to this affirmative defense from the time of filing the notice of intent to alter the property, provided that a certificate of registration is filed within 60 days thereafter pursuant to 1[subsection b. of]1 section 4 of this act.
6. This act shall take effect immediately.
