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Land would have to be used for open space or recreation

The Assembly Monday approved bipartisan legislation designed to give local governments the opportunity to purchase properties that repeatedly flood with money earmarked for open space preservation.

The measure (A-4267), which was approved 79 to 0, would require that the vacated land be used for either conservation or recreational purposes only. The legislation has the support of environmental groups and local governments. The measure mirrors a similar “Green Acres” measure instituted by various local governments wherein cities and towns would be allowed to establish open space trust funds specifically for the purchase of flood-prone properties. In order to establish such a fund, local governments would have to seek voter approval for an annual levy at a rate deemed appropriate.

“With record weather events increasing, what might have been a viable property years ago, isn’t necessarily the case now due to development, infrastructure and changing weather patterns,” Assemblywoman Connie Wagner (D-Bergen), a co-sponsor, said. “It’s time to look at the bigger picture and figure out how we can address this problem moving forward.”

“Many landowners and communities throughout New Jersey were devastated this year by the damage caused by torrential rains, Hurricane Irene and Tropical Storm Lee,” Assemblyman Anthony Bucco (R-Morris), a sponsor, said. “This legislation addresses the chronic problems faced by homeowners and towns who must cope with the costly cleanup in the aftermath. Expanding the scope of open space preservation to include ‘Blue acres’ lands makes environmental and economic sense. We don’t need any further evidence that, when feasible, returning flood-prone lands to their original state is in everyone’s best interest.”

Under current law, municipalities are authorized to establish "Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Funds." The bill would amend the name of these municipal open space trust funds to be "Municipal Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Funds."

In doing so, the measure would expand the authorization to specifically include "Blue Acres projects,” which are any projects acquired for recreation or conservation purposes on land that has 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. The funds would be allowed to be used for the demolition of structures or the removal of debris from such properties and the restoration of those lands to a natural state or to a state useful for recreation and conservation purposes.

“This measure would put residents in the driver’s seat to decide how they want to handle flooding issues in their town,” Assemblyman Prieto (D-Hudson) said. “For certain properties that consistently flood, allowing the municipality to buy up that property might be the best option. This will provide towns with the funding mechanism to do that, should voters give it the okay.”

Assembly members Craig Coughlin (D-Middlesex) and Valerie Vainieri Huttle (D-Bergen) also are co-sponsors of the legislation.

— TOM HESTER SR., NEWJERSEYNEWSROOM.COM