New Jersey Dam Disclosure Law 2026: Seller Requirements
New Jersey has enacted P.L. 2026, c. 69 (A4007/S3403), adding dam-related information to the property disclosure process. Signed on August 6, 2026, the law establishes requirements for sellers to disclose information about dams located wholly or partly on their property.
The disclosure provisions bring together several subjects relevant to property owners, purchasers, and real estate professionals: the presence of a dam, its hazard classification, applicable inspection results, and responsibilities associated with ownership.
Click here to view the legislation
What the Law Addresses
The law requires sellers to disclose a dam’s presence and their actual knowledge concerning it before a purchaser becomes obligated under a purchase contract. Under the heading “Disclosure of Dam Ownership,” the property condition disclosure statement addresses three subjects:
- Whether a dam is located wholly or partly on the property and, if so, its hazard classification.
- The results of the most recent inspection, when inspection is required under existing law.
- Obligations under state law for which a purchaser would assume responsibility.
The legislation provides for “yes,” “no,” or “unknown” responses, with explanations for affirmative answers.
The revised Seller’s Property Condition Disclosure Statement (PDF), including the dam-related disclosure questions, is available from the New Jersey Division of Consumer Affairs.
A Disclosure Requirement, not a Universal Inspection Mandate
The law does not establish a blanket requirement for a new dam inspection whenever a property is sold. Its inspection provision concerns the results of the most recent inspection when inspection is already required by law.
The distinction between disclosure and engineering evaluation is also reflected in the state’s disclosure statement. The form describes information provided to the best of the seller’s knowledge; it is not a warranty of the property’s condition or a substitute for a professional inspection.
When the Requirements Apply
The requirements apply beginning on November 24, 2026.
The revised Seller’s Property Condition Disclosure Statement was published effective August 26, 2026. Under the statute, the requirements apply on or after the 90th day following publication.
FPA’s Dam Engineering Services
French & Parrello Associates’ Water Resources team provides dam engineering services including records review, inspection, regulatory coordination, hazard classification studies, rehabilitation, permitting, Emergency Action Plans, and related technical support.
Click here to learn more about the New Jersey Dam Disclosure Law and how FPA can help identify and evaluate potential dam-related conditions.
Sources and Additional Information
New Jersey Dam Disclosure Legislation — P.L. 2026, c. 69 (A4007)
New Jersey Legislature — official legislative record and links to the bill text.
Seller’s Property Condition Disclosure Statement (PDF)
New Jersey Division of Consumer Affairs — revised disclosure form, including the dam-related questions.
Consumer Affairs: Statutes, Regulations, and Forms
Official state page listing the revised disclosure statement and its effective date.
This article provides general information and does not constitute legal advice or a property-specific engineering evaluation. It does not determine the requirements applicable to any particular property or transaction.
