New Jersey § 13:8c-24

§ 13:8c-24.

a. (1) There is established in the Department of Environmental Protection the Office

of Green Acres. The commissioner may appoint an administrator or director who shall supervise the

office, and the department may employ such other personnel and staff as may be required

to carry out the duties and responsibilities of the department and the office pursuant

to P.L.1999, c. 152 ( C.13:8C-1 et al.) and P.L.2016, c. 12 ( C.13:8C-43 et seq. ), all without regard to the provisions of Title 11A, Civil Service, of the New Jersey

Statutes. Persons appointed or employed as provided pursuant to this subsection shall be compensated

in a manner similar to other employees in the Executive Branch, and their compensation

shall be determined by the Civil Service Commission. (2) The Green Acres Program in the Department of Environmental Protection, together

with all of its functions, powers and duties, are continued and transferred to and

constituted as the Office of Green Acres in the Department of Environmental Protection. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative

proceeding or otherwise, reference is made to the Green Acres Program, the same shall

mean and refer to the Office of Green Acres in the Department of Environmental Protection. This transfer shall be subject to the provisions of the “State Agency Transfer Act,”

P.L.1971, c. 375 ( C.52:14D-1 et seq. ). b. The duties and responsibilities of the office shall be as follows: (1) Administer all provisions of P.L.1999, c. 152 ( C.13:8C-1 et al.) and P.L.2016, c. 12 ( C.13:8C-43 et seq. ) pertaining to funding the acquisition and development of lands for recreation and

conservation purposes as authorized pursuant to Article VIII, Section II, paragraph 6 and paragraph 7 of the State Constitution ; (2) Continue to administer all grant and loan programs for the acquisition and development

of lands for recreation and conservation purposes, including the Green Trust, established

or funded for those purposes pursuant to: P.L.1961, c. 45 ( C.13:8A-1 et seq. ); P.L.1971, c. 419 ( C.13:8A-19 et seq. ); P.L.1975, c. 155 ( C.13:8A-35 et seq. ); or any Green Acres bond act; (3) Adopt, with the approval of the commissioner and pursuant to the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), rules and regulations: (a) establishing application procedures for grants and loans for the acquisition and

development of lands for recreation and conservation purposes, criteria and policies

for the evaluation and priority ranking of projects for eligibility to receive funding

for recreation and conservation purposes using constitutionally dedicated moneys pursuant

to P.L.1999, c. 152 ( C.13:8C-1 et al.) or constitutionally dedicated CBT moneys pursuant to P.L.2016, c. 12 ( C.13:8C-43 et seq. ), any conditions that may be placed on the award of a grant or loan for recreation

and conservation purposes pursuant to P.L.1999, c. 152 ( C.13:8C-1 et al.) or P.L.2016, c. 12 ( C.13:8C-43 et al.), and any restrictions that may be placed on the use of lands acquired or

developed with a grant or loan for recreation and conservation purposes pursuant to P.L.1999, c. 152 ( C.13:8C-1 et al.) or P.L.2016, c. 12 ( C.13:8C-43 et seq. ). The criteria and policies established pursuant to this subparagraph for the evaluation

and priority ranking of projects for eligibility to receive funding for recreation

and conservation purposes using constitutionally dedicated moneys pursuant to P.L.1999, c. 152 ( C.13:8C-1 et al.) or constitutionally dedicated CBT moneys pursuant to P.L.2016, c. 12 ( C.13:8C-43 et seq. ) may be based upon, but need not be limited to, such factors as: protection of the

environment, natural resources, water resources, watersheds, aquifers, wetlands, floodplains

and flood-prone areas, stream corridors, beaches and coastal resources, forests and

grasslands, scenic views, biodiversity, habitat for wildlife, rare, threatened, or

endangered species, and plants; vernal habitat; degree of likelihood of development;

promotion of greenways; provision for recreational access and use; protection of

geologic, historic, archaeological, and cultural resources; relative cost; parcel

size; and degree of public support; (b) addressing any other matters deemed necessary to implement and carry out the goals

and objectives of Article VIII, Section II, paragraph 6 and paragraph 7 of the State Constitution and P.L.1999, c. 152 ( C.13:8C-1 et al.) and P.L.2016, c. 12 ( C.13:8C-43 et seq. ) with respect to the acquisition and development of lands for recreation and conservation

purposes, including the acquisition of lands for recreation and conservation purposes

that have been damaged by, or may be prone to incurring damage caused by, storms or

storm-related flooding, or that may buffer or protect other lands from such damage;

and (c) establishing application requirements and a fee schedule for the review by the

department of applications to convey, dispose of, or divert to a use other than recreation

and conservation purposes lands acquired or developed by a local government unit or

a qualifying tax exempt nonprofit organization for recreation and conservation purposes

using funds from any Green Acres bond act, constitutionally dedicated moneys pursuant

to P.L.1999, c. 152 ( C.13:8C-1 et al.), or constitutionally dedicated CBT moneys pursuant to P.L.2016, c. 12 ( C.13:8C-43 et seq. ), or lands held by the local government unit for recreation and conservation purposes

at the time of receipt of such funds. The fees established pursuant to this subparagraph shall reflect the costs of the

Office of Green Acres incurred in processing and reviewing applications to convey,

dispose of, or divert lands acquired, developed, or held for recreation and conservation

purposes to a use other than recreation and conservation purposes. All fees collected pursuant to the fee schedule adopted pursuant to this subparagraph

shall be used to offset the administrative costs of the Office of Green Acres associated

with such reviews pursuant to the provisions of section 13 of P.L.1961, c. 45 ( C.13:8A-13 ), section 13 of P.L.1971, c. 419 ( C.13:8A-31 ), section 13 of P.L.1975, c. 155 ( C.13:8A-47 ), sections 31 through 35 of P.L.1999, c. 152 ( C.13:8C-31 through C.13:8C-35 ), and section 11 of P.L.2016, c. 12 ( C.13:8C-53 ), as appropriate, and any other applicable law; and (4) Establishing criteria and policies for the evaluation and priority ranking of

State projects to acquire and develop lands for recreation and conservation purposes

using constitutionally dedicated moneys pursuant to P.L.1999, c. 152 ( C.13:8C-1 et al.) or constitutionally dedicated CBT moneys pursuant to P.L.2016, c. 12 ( C.13:8C-43 et seq. ), which criteria and policies may be based upon, but need not be limited to, such

factors as: protection of the environment, natural resources, water resources, watersheds,

aquifers, wetlands, floodplains and flood-prone areas, stream corridors, beaches and

coastal resources, forests and grasslands, scenic views, biodiversity, habitat for

wildlife, rare, threatened, or endangered species, and plants; vernal habitat; degree

of likelihood of development; promotion of greenways; provision for recreational

access and use; protection of geologic, historic, archaeological, and cultural resources;

relative cost; parcel size; and degree of public support.