SENATE, No. 579
STATE OF NEW JERSEY
INTRODUCED JANUARY 29, 1996
By Senator SCHLUTER
An Act concerning historic places and amending P.L.1970, c.268.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1970, c.268 (C.13:1B-15.131) is amended to read as follows:
4. The State, a county, or a municipality, or [an] any agency or instrumentality [of any] thereof, shall not undertake any project [which] that will encroach upon, damage or destroy any area, site, structure or object included in the Register of Historic Places without application to, and the prior written authorization or consent of, the Commissioner of Environmental Protection. The commissioner shall solicit the advice and recommendations of the Historic Sites Council in connection with any such application and [may] shall direct the conduct of a public hearing or hearings thereon within 120 days of receiving the application and prior to granting or denying authorization or consent. Preference shall be given to holding the public hearing or hearings in the municipality wherein the area, site, structure or object included in the Register of Historic Places that would be affected by the application is located, or in a municipality as close thereto as can reasonably be arranged. The commissioner shall provide at least 10 days notice of any such public hearing to all affected local government units, any agencies or instrumentalities thereof concerned with historic preservation, and any recognized organization concerned with historic preservation in the State and in the affected municipality. 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 public hearing and notice requirements of this section.
The failure of the commissioner to authorize, consent or deny any such application within 120 days of application therefor shall constitute his consent thereto.
(cf: P.L.1970, c.268, s.4)
2. This act shall take effect immediately.
STATEMENT
This bill would require the Commissioner of Environmental Protection to conduct a public hearing or hearings prior to making a decision on an application by the State, a county, or a municipality, or any agency or instrumentality thereof, to undertake a project that would encroach upon, damage, or destroy any area, site, structure, or object included in the State Register of Historic Places. Current law provides that such public hearings may be held at the discretion of the commissioner.
The bill would also require that any such public hearing be held within 120 days of receiving the application. Preference would be given to holding such hearings in the municipality wherein the historic place affected by the application is located, or in a municipality as close thereto as can reasonably be arranged.
Finally, the bill would require the commissioner to provide at least 10 days notice of the public hearing or hearings to all affected local government units, any agencies or instrumentalities thereof concerned with historic preservation, and any recognized organization concerned with historic preservation in the State and in the affected municipality.
This bill would allow for needed local and public input before decisions are made at the State level affecting historic preservation efforts at the local level. The commitment of many communities to historic preservation is readily evident in, for example, their creation of historic districts and their recognition of historic sites within the community. This commitment, which is encouraged by State law, and the desire of such communities to implement wise planning and land use policies, should not be compromised or thwarted by ill-informed decision-making at the State level. This bill would improve the decision-making process in that regard.
Requires public hearing and notification to certain entities prior to allowing encroachment upon historic places.