Dear Mayor:

As an addendum to our letter to you of October 6, 2005 concerning the proposed Green Acres Rules, as well as our letters of July 18, September 8, and September 14 on this topic, we enclose a draft letter that you may wish to send to your local legislators, as well as DEP Commissioner Campbell and the Governor, asking for a delay in adoption of these rules.

If you have any questions or concerns about this communication, please contact Deborah M. Kole, Staff Attorney, at the League, ex. 37, or at dkole@njslom.com

=========================DRAFT LETTER===========================

Dear [State Legislator, Commissioner Campbell, Governor Codey]:

Re: Proposed Green Acres Rules and Regulations

The NJDEP has recently published proposed new Green Acres Rules and Regulations that are scheduled for adoption before the end of this year.

We believe that the rules and regulations as proposed exceed the legislative intent of the Garden State Preservation Trust Act. Specifically, the proposed Green Acres Rules and Regulations are a further impingement on the State's home rule doctrine, imposing an excessive burden on our State's municipalities and counties that have or may use this important and successful funding program, and unduly interfering with local initiatives to acquire and improve open space. The issues are complicated and deserve to be addressed through an open public policy process.

We respectfully request your expedient assistance in seeking a delay in the adoption of the proposed Green Acres Rules and Regulations. The existing rules and regulations can be extended without harm while adoption of the new rules as proposed will create hardship for municipalities and counties statewide.