2016 New Jersey Revised Statutes
Title 13 - Conservation And Development--parks And Reservations
Section 13:1B-15.131 - Encroachment Upon Or Damage To Historic Place; Authorization; Public Hearing
13:1B-15.131. Encroachment upon or damage to historic place; authorization; public hearing
The State, a county, municipality or an agency or instrumentality of any thereof shall not undertake any project which will encroach upon, damage or destroy any area, site, structure or object included in the Register of Historic Places without application to, and the prior written authorization or consent of, the Commissioner of Environmental Protection. The commissioner shall solicit the advice and recommendations of the Historic Sites Council in connection with any such application and may direct the conduct of a public hearing or hearings thereon prior to granting or denying authorization or consent. The failure of the commissioner to authorize, consent or deny any such application within 120 days of application therefor shall constitute his consent thereto.
L.1970, c. 268, s. 4, eff. Nov. 4, 1970.
13:1B-15.131a Preservation of certain Civil War monuments.
1. a. The Commissioner of Environmental Protection, in consultation with the Historic Sites Council, shall use volunteer services of appropriate historical organizations and the resources of the department to conduct, and update on a periodic basis, a survey of Civil War monuments located within this State. Civil War monuments which, based on the results of the survey, are determined to have significant historical value shall be included in the New Jersey Register of Historic Places.
b.In addition to the protections provided by section 4 of P.L.1970, c.268 (C.13:1B-15.131), the State, a county or municipality, or an instrumentality thereof, shall not approve any application or permit for any activity which will encroach upon, damage or destroy any Civil War monument listed in the New Jersey Register of Historic Places without first applying for the authorization of the commissioner in the manner provided in that section.
c.As used in this section, "Civil War monument" means any area, site, structure or object, publicly or privately owned, relating to the American Civil War.
L.1999,c.377,s.1.
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