[First Reprint]
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. 1a.1 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 1[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]1 . 1An applicant shall provide written notice, by certified mail, 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 that an application has been submitted to the commissioner for authorization or consent as required pursuant to this section. The written notice shall contain a statement that indicates that the entity receiving the notice or any person may request, in writing, that the commissioner conduct a public hearing or hearings on the encroachment application. If the commissioner receives a written request for a public hearing from such an entity or from at least three persons, the commissioner shall conduct a public hearing or hearings on the encroachment application. If the commissioner does not receive a written request for a public hearing from such an entity or from at least three persons, the commissioner may, on the commissioner's own initiative, conduct a public hearing or hearings on the encroachment application or determine that a public hearing is unnecessary.1
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.
1b.1 The failure of the commissioner to authorize, consent or deny any such 1encroachment1 application 1submitted pursuant to this section1 within 120 days of application therefor shall constitute 1[his] the commissioner's1 consent thereto. 1However, notwithstanding the provisions of this subsection to the contrary, if a public hearing or hearings is held, as provided pursuant to subsection a. of this section, on or after the 90th day of that 120-day period, the commissioner shall have 30 days after the date of the last such hearing within which to authorize, consent or deny the encroachment application, or failure to do so shall constitute the commissioner's consent thereto.1
(cf: P.L.1970, c.268, s.4)
2. This act shall take effect immediately.
Requires public hearing and notification to certain entities in certain cases prior to allowing governmental encroachment upon historic places.