Buying land in New Jersey starts with knowing the rules on the ground

Pinelands Area and state wetlands rules

The Pinelands National Reserve and the state Pinelands Area together cover all or parts of municipalities in Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester and Ocean counties. Inside the Pinelands Area, the Pinelands Comprehensive Management Plan sets the rules for land use and development. It creates land use management areas, each with its own permitted uses and development intensities, and local zoning must conform to it. For development the Plan covers, you file an application with both the Pinelands Commission and the municipality.

Wetlands matter in and out of the Pinelands. The Pinelands Commission issues Letters of Interpretation on whether wetlands are present, how far they extend and the buffer required. Outside the Pinelands, the NJ Department of Environmental Protection (NJDEP) issues freshwater wetlands Letters of Interpretation. These can confirm whether wetlands, transition areas or state open waters are on a site, or set or verify their boundary lines. Knowing this early can change how much of a lot is buildable.

Septic, wells and water

Many rural South Jersey lots have no public sewer or water. A septic system is governed by N.J.A.C. 7:9A, New Jersey’s standards for individual subsurface sewage disposal systems. That code covers site evaluation, soil suitability and permeability testing, such as a percolation test. The local administrative authority, usually a health department, applies these standards and may adopt rules that are stricter, but never less strict.

If a property’s drinking water comes from a private well, New Jersey’s Private Well Testing Act makes water testing a condition of the sale. A DEP-certified laboratory must do the testing. Closing cannot happen until both buyer and seller have received the results, and both certify in writing that they reviewed them. For a lot with no well yet, ask the local health agency what a new well and septic will require before you commit.

Farmland assessment and preserved farms

Farmland assessment can lower property taxes on land in active agricultural or horticultural use. According to the NJ Division of Taxation, you must own at least 5 contiguous acres in that use. Gross sales of crops or livestock must total at least $1,000 a year for the first 5 acres, plus a per-acre amount beyond that. The land must also have been in that use for at least two consecutive years before the tax year. You apply with the local tax assessor on or before August 1 of the pretax year. If the land changes to non-farm use, roll-back taxes can apply for the year of the change and the two years before it.

Preserved farmland is different. Through the State Agriculture Development Committee (SADC), owners sell the right to develop their land for anything other than agriculture. The deed restriction stays in force for every future owner. A preserved farm can still be sold, but it stays protected for farming. The SADC offers an interactive map so you can check a parcel.

Zoning, subdivision and flood maps

Under New Jersey’s Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), each town adopts its own zoning. The planning board prepares the master plan and reviews site plans and subdivisions. The zoning board of adjustment hears variance requests. Before you buy, check the parcel’s zone, its permitted uses, minimum lot size and setbacks with the town’s zoning office. If you plan to split a lot, learn what subdivision approval will involve.

Check flood risk too. FEMA’s Flood Map Service Center is the official public source for flood hazard information. You can search it by address to find the official flood map for a location.

How Cathy helps with land

Cathy Walters has been a licensed New Jersey real estate professional since 2007 and has called South Jersey home since 1984. She serves Burlington, Camden, Gloucester, Salem, Cumberland and Mercer counties. With land, her role is to help you connect the pieces. She helps you list what to verify, and she can bring in professionals from her network, including real estate attorneys, surveyors, contractors, appraisers and inspectors. Here’s what that means for you: you make your decision with the facts from the offices that actually set the rules.

Before you buy land: what to check

• Confirm the zone, permitted uses, minimum lot size and setbacks with the town’s zoning office.
• Check whether the parcel is in the Pinelands Area using the Pinelands Commission’s interactive map.
• Ask whether a wetlands Letter of Interpretation exists or will be needed.
• Talk with the local health agency about septic soil testing and well requirements.
• Look up the parcel on FEMA’s Flood Map Service Center.
• Ask the tax assessor whether the land is farmland assessed and whether roll-back taxes could apply.
• Check the SADC interactive map for preserved farmland and get a survey before you commit.