New Jersey § 13:18a-15

§ 13:18a-15.

a. Within 180 days after the date of enactment of this act, the Pinelands Commission

shall adopt rules and regulations providing for the approval of the development of

a solar or photovoltaic energy facility or structure in the pinelands area on the

site of a landfill or resource extraction operation, provided that the development

is consistent with the comprehensive management plan, adopted pursuant to section

7 of P.L.1979, c. 111 ( C.13:18A-8 ), and: (1) if located on a resource extraction site, the facility or structure shall be on

previously disturbed lands that have not subsequently been restored, and which are

not subject to any restoration obligation pursuant to the comprehensive management

plan; or (2) if located on a landfill, the facility or structure shall be on previously disturbed

lands or on adjacent lands as necessary to facilitate closure of the landfill in accordance

with a plan approved by the Pinelands Commission in consultation with the Department

of Environmental Protection. The landfill shall be closed in accordance with a plan approved by the commission,

in consultation with the department, under the requirements of the comprehensive management

plan prior to, or concurrent with, the installation of the solar or photovoltaic energy

facility or structure. b. In addition to the conditions set forth in subsection a. of this section, development

of the facility or structure shall not permanently or adversely impact: (1) any existing

engineering devices or other environmental controls located on a site, except as may

be approved by the Pinelands Commission in consultation with the Department of Environmental

Protection; and (2) ecologically sensitive areas located on, adjacent to, or within

the same sub-watershed as the site proposed for development, except as may be approved

by the commission in consultation with the department. c. Within one year after the termination of use of the solar or photovoltaic energy

facility or structure, the facility, and all structures associated therewith, shall

be removed and restoration of the site shall be completed in accordance with the comprehensive

management plan, or within another time period as approved by the Pinelands Commission,

in consultation with the Department of Environmental Protection and under the requirements

of the comprehensive management plan.