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New Jersey does not have any formal biodiversity policies or laws. However, there are a number of laws, programs, and strategies that recognize the importance of biodiversity and habitat protection, and at least encourage policies that could preserve habitat.
The State Plan
The Plan states that biological diversity should be protected to maintain the state's biological, recreational, aesthetic and economic benefits.
Endangered Species
New Jersey has an endangered species law, the Endangered and Nongame Species Conservation Act. This law protects species and subspecies of indigenous wildlife. For plants, the Endangered Plant Species Act protects native plant species.
Department of Environmental Protection
The DEP is responsible for acquiring, maintaining, and preserving natural areas for their biological diversity. State open space land is managed in part to protect wildlife and conserve natural resources.
An executive order requires all state agencies to submit environmental impact statements to the DEP for major construction projects.
DEP's Office of the Commissioner (http://www.state.nj.us/dep/commissioner/index.html) includes the Office of Legal Affairs (http://www.state.nj.us/dep/legal/mission.htm), which, among other things, keeps record of the state's environmental rules, statutes, and regulations. Other relevant agencies and programs within DEP include:
The State Division of Fish & Wildlife's relevant laws and regulations are found at http://www.state.nj.us/dep/fgw/njregs.htm. DFW's Bureau of Law Enforcement, which can be found at http://www.state.nj.us/dep/fgw/lawhome.htm, is responsible for enforcing laws and regulations that protect the State's wildlife and habitat.
Freshwater Wetlands Protection Act
Requires mitigation of adverse environmental impacts as a permit condition for wetland dredging.
Habitat Acquisition
NJ has some programs to acquire lands for their wildlife and conservation values. For example, the Green Acres Program awards loans and grants to local units for the acquisition of land for conservation purposes. The Natural Lands Trust was established by statute to preserve land in its natural state for the enjoyment of the public and biodiversity protection. Waterfowl habitat is acquired and protected with money from the sale of waterfowl stamps.
Private Land Conservation
Conservation easements are authorized by statute. In addition, approved non-profit conservation organizations receive a tax exemption for land that is used for conservation purposes. A Farmland Preservation Program preserves land for agricultural use. The Forest Stewardship Program pays landowners for development rights to their property for the purpose of biodiversity protection.
Environmental Laws
For a complete list of New Jersey's environmental statutes and their corresponding regulations, visit the Department of Environmental Protection's Legal Affairs web page: http://www.state.nj.us/dep/legal/nj_env_law.htm
Municipal Land Use Law
http://www.njlawnet.com/environ.html
The Municipal Land Use Law (N.J.S.A. 40:55D-1 et.seq.), or MLUL, spells out the rules under which municipalities may plan for and regulate land use. One of the purposes of the MLUL is:
j. To promote the conservation of historic sites and districts, open space, energy resources, and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through improper use of land.
The provisions for master plans specify 14 elements, of which only four are mandatory: (1) a statement of objectives and principles, (2) a land-use element, (3) a housing element, and (4) a policy statement relating the town's plan to those of the surrounding region and state and county plans. The optional elements are a more than ample planning basis for virtually any aspect of resource conservation. These include:
(8) A conservation plan element providing for the preservation, conservation and utilization of natural resources, including, to the extent appropriate, energy, open space, water supply, forests, soil, marshes, wetlands, harbors, rivers and other waters, fisheries, endangered or threatened species, wildlife and other resources, and which systematically analyses the impact of each other component and element of the master plan on the present and future preservation, conservation, and utilization of these resources.