ASSEMBLY, No. 2953 STATE OF NEW JERSEY 221st LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
ASSEMBLY, No. 2953
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by: Assemblyman DAVE JR. BAILEY District 3 (Cumberland, Gloucester and Salem) SYNOPSIS Prohibits DEP from demolishing or requiring removal of certain cabins or similar structures located in certain tidal wetlands. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel.
Sponsored by:
Assemblyman DAVE JR. BAILEY
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Prohibits DEP from demolishing or requiring removal of certain cabins or similar structures located in certain tidal wetlands.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning removal of certain structures in certain tidal wetlands and supplementing Title 13 of the Revised States. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. The Department of Environmental Protection shall not demolish, otherwise remove, or require the demolition or removal of any cabin or similar structure located in tidal wetlands in Lower Alloways Creek Township, Salem County, when the cabin or similar structure serves as a general use structure available for use by any person who needs a way station. Notwithstanding any other law to the contrary, the State shall not be liable for any damage to personal or real property or injury incurred to a person using such a cabin or similar structure. This immunity of the State from liability shall be in addition to other immunity therefor provided to the State by any other statutory or common law. b. The provisions of subsection a. of this section shall not apply to any cabin or similar structure: (1) for which there is documentation demonstrating that the State acquired the land on which the cabin or similar structure is located prior to the construction of the cabin or similar structure; (2) for which there is documentation demonstrating that the cabin or similar structure was built in violation of State law; or (3) constructed by the State. 2. This act shall take effect immediately. STATEMENT This bill would prohibit the Department of Environmental Protection (DEP) from removing, or requiring the removal of, any cabin or similar structure located in tidal wetlands in Lower Alloways Creek Township, Salem County when the cabin serves as a general use structure available to use to anyone who needs a way station. The bill provides that the State would not be liable for any damage to personal or real property or injury incurred to a person using such a cabin or similar structure. This immunity of the State from liability would be in addition to other immunity provided to the State by any other statutory or common law. The prohibition and the liability immunity in the bill would not apply to any cabin or similar structure: (1) for which there is documentation demonstrating that the State acquired the land on which the cabin or similar structure is located prior to the construction of the cabin or similar structure; (2) for which there is documentation demonstrating that the cabin or similar structure was built in violation of State law; or (3) constructed by the State. This bill is in response to an action previously taken by the DEP ordering that eight cabins located in tidal wetlands in Lower Alloways Creek Township, Salem County be removed. These cabins, in existence for decades, serve as unique shelter and are of local historic importance.
An Act concerning removal of certain structures in certain tidal wetlands and supplementing Title 13 of the Revised States.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Department of Environmental Protection shall not demolish, otherwise remove, or require the demolition or removal of any cabin or similar structure located in tidal wetlands in Lower Alloways Creek Township, Salem County, when the cabin or similar structure serves as a general use structure available for use by any person who needs a way station. Notwithstanding any other law to the contrary, the State shall not be liable for any damage to personal or real property or injury incurred to a person using such a cabin or similar structure. This immunity of the State from liability shall be in addition to other immunity therefor provided to the State by any other statutory or common law.
b. The provisions of subsection a. of this section shall not apply to any cabin or similar structure: (1) for which there is documentation demonstrating that the State acquired the land on which the cabin or similar structure is located prior to the construction of the cabin or similar structure; (2) for which there is documentation demonstrating that the cabin or similar structure was built in violation of State law; or (3) constructed by the State.
2. This act shall take effect immediately.
STATEMENT
This bill would prohibit the Department of Environmental Protection (DEP) from removing, or requiring the removal of, any cabin or similar structure located in tidal wetlands in Lower Alloways Creek Township, Salem County when the cabin serves as a general use structure available to use to anyone who needs a way station. The bill provides that the State would not be liable for any damage to personal or real property or injury incurred to a person using such a cabin or similar structure. This immunity of the State from liability would be in addition to other immunity provided to the State by any other statutory or common law.
The prohibition and the liability immunity in the bill would not apply to any cabin or similar structure: (1) for which there is documentation demonstrating that the State acquired the land on which the cabin or similar structure is located prior to the construction of the cabin or similar structure; (2) for which there is documentation demonstrating that the cabin or similar structure was built in violation of State law; or (3) constructed by the State.
This bill is in response to an action previously taken by the DEP ordering that eight cabins located in tidal wetlands in Lower Alloways Creek Township, Salem County be removed. These cabins, in existence for decades, serve as unique shelter and are of local historic importance.