New Jersey Department of Environmental Protection
Request for Partial Release of Conservation Restriction
Block 301, Lot 4 in the Township of Mt. Olive, Morris County
Notice of Public Hearing
TAKE NOTICE that, in accordance with the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-1 et seq. (“Act”), the New Jersey Department of Environmental Protection (“Department”) has received a request from the Township of Mt. Olive (“Township”) for a partial release and modification of a deed restriction held by the Department on Block 301, Lot 4 in the Township of Mt. Olive, Morris County (“the Property”).
The deed restriction in question was imposed by the Department in a December 26, 1990 deed by which the Department conveyed the Property to the New Jersey Foreign Trade Zone Venture (NJFTZ). The NJFTZ took title to the Property as the intermediary in the acquisition of the property by the BASF Corporation. In 2012, the Township acquired the Property from the BASF Corporation subject to the restrictions in the original deed from the Department to the NJFTZ.
The Township now requests that the Department agree to modify Restriction #1 in the 1990 deed from the Department to the NJFTZ, which established a “no access zone” along a portion of the frontage of the Property. The conditions of the “no access zone” allowed underground utilities to be placed within the “no access zone” but specifically prohibited the construction of an access road into the Property within the restricted area. The Department believes the “no access zone” restriction was primarily intended as a scenic buffer restriction, which qualifies as a conservation restriction under the Act.
The Township now seeks to modify the restriction to allow the installation of an access road within the “no access zone,” and the installation of stormwater infrastructure in a portion of the restricted area, to serve a planned 100% affordable 180-unit rental housing development intended to satisfy more than half of the Township’s Round IV affordable housing obligation. Construction of the access road outside the “no access zone” is not feasible due to freshwater wetlands constraints and other factors. The remainder of the 1990 deed restrictions will remain on the Property.
Maps depicting the location of the original restricted area and the proposed modification area, along with a copy of the 1990 deed from the Department to the NJFTZ and other background information on the proposed affordable housing develoopment, may be found at: https://dep.nj.gov/otpla/CRR1427001-conservation-restriction-release-hearing-mt-olive
In accordance with N.J.S.A. 13:8B-5, the Department will be conducting a public hearing on this request on May 21, 2026 at 6 PM. The public hearing will be conducted in a hybrid format.
The in-person component of the public hearing will be held at:
Mount Olive Township Municipal Building
204 Flanders-Drakestown Road
Budd Lake, New Jersey 07828
(973) 691-0900
Participants wishing to attend the public hearing remotely may join the hearing online using the Zoom videoconferencing platform using the following link:
https://us02web.zoom.us/j/84300207865
Participants wishing to join the public hearing by telephone may do so using the following phone number and Webinar ID:
Join via audio:
+1 646 931 3860 (US)
Webinar ID: 843 0020 7865
The Department invites the public to attend the public hearing and present comments on the requested partial release. Written comments on the proposed partial release may also be submitted by June 4, 2026 to:
New Jersey Department of Environmental Protection
Office of Transactions and Public Land Administration
PO Box 420
Mail Code: 401-07
Trenton, New Jersey 08625
Email: OTPLA@dep.nj.gov
Emailed comments are preferred. Please include “CRR1427001 Mt. Olive Conservation Restriction Release” in the subject line of any email comments.
($486.72)