Securing federal funding for land conservation |
Thank you to all who helped to save farmland preservation funds from cuts in the 2012 Farm Bill by calling your Congressional delegation members! Please stay posted as this funding is still in play.
As you've likely seen in recent press reports, the deficit reduction super-committee formally announced its failure to reach an agreement, leaving the recent 2012 Farm Bill proposal without an obvious path to passage. There is still an outside chance their package could move forward in the final weeks of this year, as part of a last minute flurry of legislation. The proposal gives strong funding for conservation easement programs, which we hope will serve as a starting point for future discussions.
New Jersey has received over $50 million in federal Farm and Ranch Lands Protection Program (FRPP) funding for the permanent preservation of approximately 20,000 acres of farmland since 1996. New Jersey Conservation Foundation alone has been awarded nearly $25 million in FRPP funds to partner with local, county and/or state farmland preservation programs to permanently preserve working farms and protect the Garden State’s agricultural heritage.
Farmers receive payments for retiring the development rights on their land, and these funds can be invested back into agricultural operations. Topsoil protection is one of the main goals of FRPP, which enhances water quality and ensures the long-term agricultural viability of the land.
“This program helps keep farmland affordable for the farmers,” explained Greg Romano, assistant director of NJCF and head of its land program. To date, FRPP funds have helped us preserve 31 farms around the state, and many more projects are underway.
FY 2012 Agriculture Appropriations Funds the Farm and Ranch Lands Protection Program at $150 million: President Obama signed H.R. 2112 into law, finalizing funding levels for the last year of the 2008 Farm Bill. The Farm and Ranch Land Protection Program is capped at a disappointing $150 million – a $25 million cut from last year, and $50 million below the level prescribed in the Farm Bill. The bill cuts roughly $927 million from farm bill conservation programs overall.
Funding for land conservation is threatened
Drastic funding cuts for land conservation programs are being pushed in Congress. Since the 1960s, the Land and Water Conservation Fund (LWCF) has provided federal money for public land conservation and access to outdoor recreation at all levels.
The House Interior and Environment Appropriations Bill for Fiscal Year 2012 funded LWCF at $68 million, its lowest level ever, and contained deep cuts to Environmental Protection Agency programs. This bill has not yet been enacted, and LWCF has been swept into the FY 2012 continuing resolution.
That resolution is still being debated. Interior Subcommittee Chairs Rep. Mike Simpson (R-ID) and Senator Jack Reed (D-RI) are reportedly close to a compromise between the vastly different spending levels in the House and Senate bills, but calls to the chairmen from your delegation could still make a difference.
The LWCF was originally authorized by Congress at $900 million per year, as a small percentage of the royalties from offshore oil and gas drilling, to offset environmental harm. Over the years, however, the funds have frequently been diverted to other purposes. Earlier this year, Congress voted to cut LWCF 33 percent from last year, to $301 million for Fiscal Year 2011.
New Jersey has benefitted from LWCF additions to its national park and recreation areas and five national wildlife refuges, as well as grants to the state for urban parks and land and water protection in the Pinelands and the Highlands.
For more information, visit the LWCF Coalition website.
Please take action by contacting your Senators and Members of Congress and urging them to support full funding for LWCF >>
| Renewal of the Garden State Preservation Trust |
The Garden State Preservation Trust finances the preservation of open space, farmland and historic sites in New Jersey. Today, one third of New Jersey’s dry land mass is permanently preserved as open space – a total acreage that exceeds the size of Grand Canyon National Park!
Long-term funding source still needed
New Jersey Conservation Foundation continues to be at the forefront of efforts to secure a permanent funding source for the GSPT, as well as for stewardship of preserved lands, and operations funding for state parks, forests and Wildlife Management Areas.
This year marked the 50th anniversary of the state’s Green Acres Program and the 30th anniversary of its Farmland Preservation Program. As these milestones were celebrated, open space and farmland preservation funds approved by voters in November 2009 began to flow.
In a show of broad, bipartisan support, the state Legislature and Governor Christie appropriated the first half of the $400 million bond act to pay for critical preservation initiatives around the state.
The release of these funds was a success for New Jersey Conservation Foundation, which worked with partner groups in the Keep it Green campaign this year to advocate for continued preservation funding.
Despite this success, however, New Jersey has only one more year of preservation funding at a time when demand for these programs is high because of a stagnant real estate market. Because of lower prices, it’s a great time to preserve land.
Now is the time for Governor Christie and our legislative leaders to adopt a long-term, dedicated funding source for open space, farmland and historic preservation. This will allow New Jersey to continue the tremendous work of preserving our landscapes and the animals and plants that depend on them, protecting our drinking water, preserving the farmland that produces our food, and retaining and restoring our historic treasures.
Learn more about open space and farmland preservation in New Jersey >>
Learn more about the Garden State Preservation Trust >>
| Addressing Climate Change and Energy Policy |
The rapidly growing focus on energy and climate change at the state and national levels creates both challenges and opportunities for land conservation. We are encountering threats to preserved land posed by global warming, as well as proposals to divert preserved land for alternative energy development.
At the same time, we are defending land from threats posed by transmission lines and pipelines, and trying to protect our water resources from natural gas drilling. On the positive side, our work on forest protection and restoration presents an opportunity to promote carbon sequestration.
In recognition of the enormous role energy conservation can play in decreasing energy use, we advocate for a much greater focus on conservation and efficiency in the state's energy master plan. Read about how saving energy saves land >>
Oppose current hydraulic fracturing methods for natural gas drilling
Good news: Delaware River Basin Commission cancels vote on gas drilling in the Delaware Watershed!
We are opposing the highly controversial practice of shale gas extraction in the Delaware River Basin, which involves hydraulic fracturing ("fracking") of rock deep below the surface. The proposed drilling of tens of thousands of natural gas wells in the Basin threaten to transform the landscape and result in serious water pollution, flooding and habitat destruction, which will degrade the exceptional quality of the Delaware River headwaters and ecosystem.
The Commision's meeting, scheduled for Nov. 21 to consider regulations that would lift the current moratorium on gas drilling in the Watershed and allow drilling and fracking to begin, was cancelled.
We owe a big "thank you" to Delaware Governor Jack Markell, who declared that his state would vote against the plan and said he was unable to “conclude that the water resources in the basin will be adequately protected.” Many thanks to all who wrote letters and emails and made calls! The show is by no means over, but this is an important first step!
The Delaware River Basin Commission received 69,800 comments during the comment period on its draft natural gas development regulations, which are inadequate to protect New Jersey’s waterways. Natural gas drilling has been on hold in the watershed pending adoption of these rules.
With natural gas drilling coming under increasing scrutiny, the New Jersey Legislature passed a bill this summer to prohibit fracking for natural gas in New Jersey. NJCF joined the Delaware Riverkeeper Network and many other organizations in supporting this ban, and advocating that the bill go further in protecting New Jersey’s waterways.
Additional protections should include a ban on allowing New Jersey landfills to accept solids from fracking operations, and a prohibition on treating wastewater from these operations at New Jersey wastewater treatment facilities. Governor Christie conditionally vetoed the bill, instituting a one-year moratorium instead of a permanent ban on the practice.
The members of the DRBC - the Governors of New York, Pennsylvania, New Jersey, and Delaware and the Army Corps of Engineers as the federal representative – will decide the future of this Watershed, the Wild and Scenic Delaware River, and the water supply for over 15 million people. Drilling and fracking should not be allowed when inadequate regulations that don’t protect our drinking water and our watersheds are in place.
Lawsuits have been filed to attempt to stop the DRBC from moving ahead with their regulations, which were written without the completion of necessary environmental studies. The Delaware Riverkeeper Network, along with other groups, is requesting an injunction. The New York Attorney General’s office filed to force the Army Corps of Engineers, the federal representative to the DRBC, to follow federal environmental law.
For more information, visit the Delaware Riverkeeper website.
Read more about fracking in Michele Byers' column, The State We're In >>
NJCF opposes commercial-scale wind turbines on preserved farms
Wind energy can be a great resource – if it is in the right place. A bill that would allow the owners of preserved farmland to develop commercial-scale wind turbines up to 500 feet tall on their property is making its way through the New Jersey Legislature. New Jersey Conservation Foundation is strongly opposed to this bill, which threatens the integrity of the state’s Farmland Preservation Program.
Under the proposal, farms already preserved with public funds could host commercial wind turbines without undergoing even the standard municipal approval process. The bill would allow landowners to profit from development rights that were already bought by the public, and permanently extinguished, through the state Farmland Preservation Program.
The bill (S2887/A3992) was held in a recent Senate Environment and Energy Committee because of these and other concerns but we expect it will be heard after the election. The Assembly version has been second referenced to the Assembly Housing and Local Government Committee.
Take action! Please call the sponsors of the bill, Senator Smith at 732-752-0770 and Assemblyman Chivukula at 732-247-3999 and ask them to amend the bill by removing preserved farmland from eligibility for commercial wind generation.
| Improving Stewardship of Public and Private Lands |
New Jersey Conservation Foundation advocates for state policies that give high priority to protection and restoration of biodiversity on public and private lands, urges the use of modern ecological principles in developing management plans for New Jersey’s public lands, and defends preserved land from improper diversion to other uses.
Forest Stewardship Act Moves Toward Implementation
New Jersey Conservation Foundation worked hard to ensure passage of the state’s Forest Stewardship Act, which provides incentives for private landowners to improve the health and sustainability of their woodlands. The Act was signed into law by former Governor Corzine before he left office.
New Jersey forests are not regenerating because of a variety of factors, including an overabundance of deer, the spread of invasive plants which crowd out native trees and shrubs, and light gaps that are created when tree cutting opens up the forest canopy.
The new law provides the incentive of reduced property tax assessments to landowners who actively manage their woodlands to enhance natural resource and wildlife benefits. Previously, reduced property tax assessments were only available to landowners who could generate income each year from selling forest products, which generally requires cutting down trees.
The New Jersey Department of Environmental Protection is in the early stages of drafting rules to implement the new program. New Jersey Conservation Foundation is participating in the rulemaking process.
Letter from scientists opposing bill to allow logging on state lands >
| Advancing and Defending Regional Plans |
New Jersey has a strong history of adopting comprehensive regional plans. Regional planning is critical to protecting the land and water supplies on which we depend. Other important benefits of these plans include stabilizing local property taxes, retaining the character of rural areas and established communities, and generally promoting growth in places where it is less environmentally damaging and more cost-effective to build infrastructure like roads, sewers and public water systems.
New Jersey Conservation Foundation has been integrally involved in the passage of many landmark New Jersey regional planning laws, including the Pinelands Protection Act, the Highlands Water Protection and Planning Act, the Delaware and Raritan Canal State Park law, and the State Development and Redevelopment Act. Constant vigilance is required to ensure these laws aren't weakened over time.
State Strategic Plan proposed
Governor Christie recently released a new "state strategic plan" for economic growth, with the aim of replacing our current state plan.
As the most densely populated state in the country, New Jersey has had to implement land use limits and constraints that other states could not imagine. In fact, our state has had some sort of statewide land use plan since the 1930s.
The most recent plan, the State Development and Redevelopment Plan, was adopted in 1992 and revised in 2001. A major goal has been to limit sprawl development that destroys farmland, forests and wildlife habitat, and uses resources inefficiently. The plan also promoted the reuse and redevelopment of our urban centers, cities and towns; and the coordination of planning between local, county and state government.
The new "state strategic plan" is full of laudable goals; the current state plan has those, too. The new plan talks about smart growth and sustainability, as does the current plan. But the new plan is short on details and has not been publicly vetted. The governor's plan is heavy on growth and development, and light on environmental protection and capacity issues.
Read "The State We're In" column on new strategic plan >>
Protecting the Highlands
The Highlands Act affects 88 municipalities in parts of seven counties: Bergen, Passaic, Morris, Sussex, Warren, Hunterdon and Somerset. The Highlands region provides drinking water to nearly two-thirds of New Jersey residents. If you are either a Highlands water-drinker or a Highlands resident, there is good reason for you to become involved in the region’s protection.
The Highlands Water Protection and Planning Council and the New Jersey Department of Environmental Protection are both charged with implementing the 2004 Highlands Act. New Jersey Conservation Foundation periodically posts action alerts on Highlands issues, so please stay tuned! Also, the New Jersey Highlands Coalition, of which NJCF is a founding member, has a Highlands Advocate Program that you can join to take action. Please go to the Highlands Coalition website to find out more.
Read statement by four former Governors about the importance of protecting the Highlands and Pinelands >>
| Protecting drinking water and other natural resources through strong environmental laws and regulations |
Currently, the New Jersey Department of Environmental Protection (DEP) is engaged in a process of reviewing many of the state’s environmental rules reflecting Governor Christie’s Executive Orders and Red Tape Commission recommendations to simplify, use “common sense” principles, foster business, and treat permit applicants as “customers.”

We oppose DEP Waiver Rule
This proposed new rule, which could affect nearly 100 existing DEP programs and rules, would provide blanket authorization for the DEP Commissioner to waive compliance with specific portions of most DEP rules designed to protect New Jersey's environment.
The proposed rule contains minimal definitions and standards for granting such waivers, and environmental organizations have unanimously asked that the proposed rule be withdrawn. Nearly all DEP rules already have built-in waiver provisions. A resolution sponsored by Senator Buono (SCR239), opposing the waiver rule, passed out of the Senate Energy and Environment Committee and awaits both a full Senate vote and an Assembly companion resolution.
Take action! Please urge your State Senator to support SCR239.
Here's how to find your legislators >>
Read more about the waiver rule in Michele Byers' column, The State We're In >>
| Protecting the land that grows our food |
Through our farmland preservation work, New Jersey Conservation Foundation is working towards a day when an abundance of locally grown New Jersey food, produced in a healthy, environmentally sound manner, will be available to feed the region.
As part of that vision, large swaths of preserved farmland will not only support the local food system, but will also protect the state’s water supply, combat global warming by sequestering carbon, and connect with other preserved lands – parks, trails, and natural areas – as part of an interconnected system of open space that affords the public outdoor recreational opportunities, a connection to local food sources, and all of the amenities associated with preserved, open land.
To fulfill this vision, we lobby congress for federal Farmland Protection Program funds each year, and the New Jersey Legislature for State Farmland Preservation Program funding. We promote natural resource protections – especially soil protections - for farmland preserved with public money, so that the agricultural soils of today are available to grow food tomorrow.
We are working to strengthen farmland preservation and agricultural viability in our Delaware Bay Watershed project area. This region is rich in natural resources, and is truly the bread basket of New Jersey agriculture. We are developing pilot projects, including marketing initiatives, to assist sustainable farm operations in the region and connect local food with urban communities in the region.
In 2009 we spearheaded the Salem County Agritourism website to connect farmers with new marketing opportunities, expand agricultural tourism, promote fresh food campaigns and connect farmers with conservation programs.
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