Bill Text: NJ S2125 | 2014-2015 | Regular Session | Introduced
Bill Title: Provides that determination by county agriculture development board or State Agriculture Development Committee as to what qualifies as farm-based recreational activity ine pinelands protection area is binding on Pinelands Commission.*
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-12-17 - Substituted by A3257 (3R) [S2125 Detail]
Download: New_Jersey-2014-S2125-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Senator RAYMOND J. LESNIAK
District 20 (Union)
SYNOPSIS
Expands type of use qualifying as low intensity recreational use on lands in Pinelands agricultural production areas.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain recreational use on certain lands within the pinelands area and supplementing P.L.1979, c.111 (C.13:18A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of the comprehensive management plan or any rule or regulation to the contrary, a recreational use that meets the conditions set forth in this section shall be allowed as a low intensity recreational use on lands subject to a Pinelands development credit deed restriction and located within an agricultural production area:
(1) the recreational use involves only minimal or temporary damage to the agricultural or horticultural use of the lands;
(2) the recreational use does not include the development of any permanent structures on any lands in agricultural or horticultural use; and
(3) the recreational use is of a temporary nature.
b. A landowner engaging in, or allowing, a recreational use meeting the criteria set forth in subsection a. of this section shall not be deemed to be in violation of any deed restriction related to allowable recreational uses on the lands.
2. This act shall take effect immediately.
STATEMENT
This bill provides that a recreational use meeting the conditions set forth in the bill would be allowed as a low intensity recreational use on lands that are subject to a Pinelands development credit deed restriction and located within an agricultural production area in the pinelands area. For a recreational use to qualify under the bill, the recreational use must: (1) involve only minimal or temporary damage to the agricultural or horticultural use of the lands; (2) not include the development of any permanent structures on any lands in agricultural or horticultural use; and (3) be of a temporary nature.
Currently, the Pinelands comprehensive management plan, at N.J.A.C.7:50-2.11, defines the term "recreational facility, low intensive" to mean "a facility or area which complies with the standards in N.J.A.C.7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding, and bicycling."
In addition, the Pinelands comprehensive management plan, at N.J.A.C.7:50-5.24, sets forth minimum standards governing the distribution and intensity of development and land use in agricultural production areas. Agricultural production areas are areas of active agricultural use, generally upland field agriculture and row crops, including adjacent areas with soils suitable for expansion of agricultural operations. Certain residential and non-residential uses are allowed in these areas subject to specific conditions set forth in the comprehensive management plan. In addition, low intensity recreational uses and the expansion of certain pre-existing intensive recreational uses may occur subject to certain conditions.
This bill would expand what qualifies as a low intensity recreational use, and would allow certain recreational activities, such as youth soccer, to qualify as a low intensity recreational use within an agricultural production area. In addition, the bill provides that a landowner engaging in, or allowing, a recreational use meeting the criteria set forth in the bill would not be in violation of any deed restriction related to allowable recreational uses on the lands.
