Since 1961, the State of New Jersey has designated over a half million acres of land, scattered in hundreds of parcels statewide, as part of the state’s Department of Environmental Protection’s Green Acres program. While this has unquestionably been a benefit for the citizens of the state, it can present significant challenges for any construction project that touches one of these spaces. Rutter & Roy’s environmental lawyers focus their Green Acres practice on counseling clients in these situations.

We assist them in making their way through the onerous regulatory process involved in obtaining the property rights required to build across Green Acres-encumbered property. The process can take anywhere from one to three years, involves the NJDEP Commissioner and Statehouse Commission, and without proper management, an otherwise viable project can instantly become dead in the water -- particularly linear construction.

Effective management of these situations requires the integration of three very different, interrelated forms of expertise:

• Knowledge: Green Acres work requires in-depth, hands-on knowledge of statutes, regulations, procedures and applicable case law. Many of these regulations are complex, highly situational or require judgment calls and interpretation. As one of the few firms in New Jersey that has an extensive track record in this highly specialized field, we are intimately familiar with the applicable law. Because we do so much work in the area, we also regularly advise clients on potential changes and modifications in the law that may affect their project planning.
  A particularly important example of this is the identification of subject parcels in the first place. When dealing with Green Acres issues, the initial, and most important, step is determining whether or not land is affected by Green Acres restrictions. The online listing of these parcels is often inaccurate or incomplete. Rutter & Roy lawyers know, from personal experience, that careful, hands-on due diligence is critically important. This may include title searches going back more than 60 years, firsthand examination of a parcel and discussions with municipalities. Our knowledge of these details sets us apart.
• Relationships: Rutter & Roy is not a firm comprised of theoreticians. We are practical, roll-up-your-sleeves-and-get-it-done lawyers. In the case of Green Acres issues, this means working closely with Green Acres program staff. We know these individuals, and have repeatedly worked with many of them on previous projects. Our personal relationships are a major benefit for our clients. In the end, regardless of who is in elected office, the day-to-day business of agencies is performed by people we have worked alongside for many years. We know them, they know us, and more importantly, they know our work well.
  Negotiation and compromise is much easier when built on a foundation of trust and experience. Our work product is immediately credible with the individuals whom review it, because they’re familiar with the way we operate.
• Creativity: The final piece of the Green Acres puzzle is creativity, or innovation, if you like. For example, obtaining the necessary easements through a diversion typically requires compensation, which may take many different forms, depending upon the situation. In addition to dealing with compensation early in the process, devising innovative forms of compensation can go a long way. Compensation can be in dollars, in land or in some combination that addresses the concerns of all the stakeholders involved.

If you are looking for a firm to navigate your project through the onerous Green Acres regulations, then Rutter Roy is the firm for you.

Contact us today if we may be of service.