Pinelands Protection Act

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The Pinelands Protection Act, passed by the New Jersey Legislature in June 1979,
required the development of a Comprehensive Management Plan (CMP) for the New
Jersey Pine Barrens, a relatively undeveloped, ecologically unique area in New
Jersey. The goal of the CMP was to state the rules on how the land may be used. [1]
In 1978, the US Congress had passed the National Parks and Recreation Act, which
made the Pine Barrens the first National Reserve and authorized the creation of a
planning entity (established as the Pinelands Planning Commission). In 1979,
because of concern that this unique area would be destroyed by overdevelopment,
Governor Brendan T. Byrne declared a moratorium on development in the Pine
Barrens. This prompted the New Jersey legislature to pass the Pinelands Protection
Act to end the moratorium while the Pinelands Commission put rules in effect to
regulate development in the Pine Barrens.

Contents

• 1Background
• 2Provisions of the Act
• 3Further reading
• 4References

Background[edit]
On November 25, 1967, the New Yorker published the first part of a two-part series
about the Pine Barrens by John McPhee. He described viewing a wilderness from a
fire tower, extending for hundreds of square miles, as far as the eye could see. The
Pine Barrens seemed to McPhee to be the last vestige of wilderness in what he
believed would become an unbroken city from Boston to Richmond. New Jersey at
the time had nearly 1,000 residents per square mile, and parts of northern New
Jersey had 40,000 people per square mile. The Pine Barrens had 15 people per
square mile. He concluded his second article with the hope that the land would
become a national reserve, but with the fear that the forest was slowly headed for
extinction.[2][3]
John McPhee's brother had been a classmate of Governor Byrne's at both Princeton
and Harvard Law School. According to an account by Byrne, McPhee had a major
impact on him:
I also think that if there’s one person without whom there wouldn’t be a Pinelands Act
it would have to be John McPhee. I got to know John because his brother was in my
class in both college and law school. And I started reading his stuff. When I got to be
Governor, John and I were part of a tennis group that played on the next court from
Scott McVay’s court in Princeton. When we finished playing tennis, we would discuss
whatever topics seemed appropriate. I read his book. Certainly, if I had not read The
Pine Barrens by John McPhee, I would not have had the kind of interest in the
Pinelands that I developed…[4]
In his 1977 campaign for re-election, Governor Byrne argued for strong controls over
development (against the advice of Democrats in the region). On May 28, 1977, he
established the "Pinelands Review Committee" to determine the boundaries of the
Pinelands and to develop a plan to preserve it. After winning the election, he pushed
for legislation to protect the Pinelands and was able to remind legislators that he
carried their districts with the promise to control development.[5]
Further state action was slow, nonetheless, and federal action came first.
Democratic Congressman James Florio introduced a bill requiring the state to create
a "land management commission" to oversee "greenline parks," of which the
Pinelands would be the first. Republican Congressman Edwin Forsythe of Burlington
County and Democratic Congressman William Hughes of Atlantic County introduced
a bill to create a federal wildlife refuge in the center of the Pinelands, with the rest of
the Pinelands controlled by commissions in each of 41 municipalities. Forsythe and
Hughes considered Florio's plan to give too much power to the Federal government.
Florio considered the Forsythe-Hughes plan too uncoordinated.[5]
Republican Senator Clifford P. Case and Democrat Harrison A. Williams
Jr. introduced a third bill that was somewhat of a compromise and incorporated ideas
from Governor Byrne. It authorized creation of "national reserves" and designated
the Pinelands National Reserve as the first such reserve. It gave a state two years to
form a commission to develop a plan for conservation of the area. This was the
National Parks and Recreation Act, passed on November 19, 1978. On February 8,
1979, Governor Byrne created the Pinelands Planning Commission with Executive
Order 71. As required by the Act, the commission would consist of seven
gubernatorial appointees, seven local county officials, and one appointed by the
Secretary of the Interior.[5]
The executive order also imposed a moratorium on approval of permits for
development in the Pinelands. This was an unprecedented use of gubernatorial
power and was immediately challenged in court by builders. Even the Governor's
advisors and his Attorney General's office doubted that he had the power to issue
the order, but it did put pressure on the legislature to approve legislation establishing
a permanent Pinelands Commission that could override municipal land-use
decisions. On June 21, 1979, at 3:12 am after a 6-hour filibuster, the Pinelands
Protection Act was passed.[4][5]

Provisions of the Act[edit]

The Act required the Pinelands Commission to develop a Comprehensive Master
Plan controlling land use in the Pine Barrens. It also required that county and
municipal master plans and land use ordinances be brought into conformance with
the Comprehensive Management Plan.[6]
The Pinelands National Reserve created by the National Parks and Recreation Act is
slightly larger than the Pinelands Area defined by the Pinelands Protection Act. The
Reserve includes additional land east of the Garden State Parkway and land to the
south bordering Delaware Bay. Altogether the Pinelands cover all or parts of 56
municipalities and seven counties: Atlantic, Burlington, Camden, Cape May,
Cumberland, Gloucester, and Ocean.[6]
The Pinelands Protection Act distinguishes the Preservation Area, which is the
remote interior of the Pines, from the surrounding portions. The Preservation Area
comprises about 39% of the total Pinelands Area and contains large tracts of
relatively unbroken forest and most of the New Jersey berry industry. Development
is highly regulated in the Preservation Area. The larger Protection Area is more
complicated to regulate, as it contains a mix of farmland, hamlets, subdivisions, and
towns.[6]
The Preservation Area part of the plan was approved by the Pinelands Commission
on August 8, 1980. The Protection Area Plan, which also constituted the
Comprehensive Management Plan for the national Pinelands Preserve, was adopted
by the Commission on November 21, 1980 and approved by Secretary of the Interior
Cecil D. Andrus on January 16, 1981.[6][7]

Further reading[edit]
• Ellen M. Randle (August 1, 1982). "The National Reserve System and
Transferable Development Rights: Is the New Jersey Pinelands Plan an
Unconstitutional "Taking"?". Boston College Environmental Affairs Law
Review. 10 (1).
• Robert A. Zampella and Charles T. Roman (December 1983). "Wetlands
Protection in the New Jersey Pinelands". Wetlands. 3 (1): 124–
133. doi:10.1007/bf03160736.

References[edit]
1. ^ "Pinelands Protection Act". Act No. N.J.S.A. 13:18A-1 of June 28, 1979 (PDF).
2. ^ John McPhee (November 25, 1967). "The Pine Barrens Part I". The New Yorker: 67.
3. ^ John McPhee (December 2, 1967). "The Pine Barrens Part II". The New Yorker: 66.
4. ^ Jump up to:a b The Pinelands Protection Act: A Discussion by Participants in the
Process (PDF) (Report). Eagleton Institute of Politics, Rutgers University. October 15,
1987.
5. ^ Jump up to:a b c d "The Pinelands: Overview". Eagleton Institute of Politics Rutgers
University. 2014.
6. ^ Jump up to:a b c d "CMP Summary". New Jersey Department of Environmental Protection.
2015.
7. ^ "The Division of Land Use Regulation & The Pinelands National Reserve and Pinelands
Commission". New Jersey Department of Environmental Protection. January 16, 2018.