“Conservation Restriction” is a term referring to any of a number of land use restrictions applicable in the State of New Jersey. The Green Acres restriction is one type of conservation restriction, though there are numerous others. Despite this variety, these restrictions share the common feature of both significantly affecting land use in the state and requiring insightful and strategic counsel to effectively acquiring rights needed across restricted properties in connection with energy infrastructure projects. For these reasons, Rutter & Roy is the law firm of choice in New Jersey for clients grappling with conservation restriction questions.

The essence of our value in this area is our in-depth, hands-on knowledge of the applicable laws and regulations, the procedure for obtaining a modification of a restriction, and our personal relationships with the state officials responsible for the approval of conservation restriction releases. By leveraging all three of these capabilities, we provide our clients with the right path forward to get through the conservation restriction labyrinth.

These restrictions are significant for a number of reasons. State officials take them very seriously. Often, the Department of Environmental Protection is involved because altering a restriction requires a time-consuming, statutory process, which can include a public hearing, a presentation and an opportunity for public comment. The DEP is protective of its ownership rights. Releasing a conservation restriction typically involves some form of compensation, often land replacement or mitigation.

The combination of these complexities means that knowledgeable counsel is essential. Rutter & Roy’s attorneys have an in-depth understanding of the applicable release process, as well as hands-on familiarity with the policies and individuals responsible for enforcement.

In counseling clients, our objective is always fourfold:

• Identify conservation restrictions
• Establish a schedule for releasing the restriction if necessary
• Develop a reasonable compensation proposal
• Streamline the release process as much as possible with other related regulatory processes

In accomplishing this, we bring to the situation what is perhaps our most valuable asset – our relationship with the state officials, and our reputation for reasonableness, professionalism and trustworthiness. In what can become politically charged discussions, our attorneys are known for their ability to arrive at workable solutions that forestall disputes, conclude matters amicably so that projects can be built on time. The state representatives know us, know our firm, and consequently, give our points real consideration and our positions a fair review. This enables us to resolve these matters expeditiously and often advantageously, regardless of the specific questions at issue.

Our clients benefit from this capability. Few firms in New Jersey can match our ability to work effectively and knowledgeably on complex conservation restriction questions. We never forget that our goal, always, is to help our clients complete projects on time, and by guiding them through the conservation restriction release process, we effectively help them accomplish just that.

Contact us today if we may be of service.