Is a dam located wholly or partially on the property?
If so, the disclosure asks for the dam's hazard classification.
New Jersey Dam Disclosure Law
New Jersey Dam Disclosure
New Jersey Dam Disclosure Law: What You Need to Know
Practical screening and engineering support for buyers, sellers, and counsel navigating New Jersey's new dam disclosure requirements.
Understanding New Jersey’sDam Disclosure Law
New Jersey's new dam disclosure requirements introduce an important technical question into real estate transactions: what, exactly, is on the property?
French & Parrello Associates (FPA) helps transaction teams answer that question, interpret available dam-safety records, and determine the appropriate next step before uncertainty delays due diligence or closing.
P.L. 2026, c. 69 (A4007; identical Senate bill S3403) requires the State's seller property condition disclosure statement to address dams located wholly or partially on the property and requires sellers to share what they know about the dam.
View the legislationWhat Must Be Addressed
Applies beginning 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.
If inspection is required, what were the results?
The disclosure asks for the results of the most recent inspection required by current law.
What obligations would a purchaser assume?
The disclosure addresses obligations associated with the dam under New Jersey State law.
Why This Matters
A “Yes” or “Unknown” response can raise technical questions that a standard home inspection or title review may not resolve.
- 01Is the mapped or visible feature actually within the parcel boundaries?
- 02Do the feature's physical characteristics align with the law's definition of a dam?
- 03What do available NJDEP records, inspection reports, and hazard classifications indicate?
- 04Is more technical review warranted before the parties allocate risk or proceed?
When to Call Us
- A pond, small lake, retention basin, or other impoundment appears on the property.
- A seller answers “Yes” or “Unknown” to a dam disclosure question, or is unsure what qualifies as a dam.
- Dam-safety records, inspection findings, hazard classification, or reported deficiencies are unclear.
- A buyer or seller needs to understand the likely technical scope before committing, renegotiating, or closing.
A Focused 3-Step Process
Our team begins with the information already available, verifies the physical conditions when needed, and defines the appropriate engineering scope for the property.
Screen
Review aerials, mapping, the survey or site plan, parcel information, and available NJDEP records for signs of an impoundment or barrier.
Verify
When needed, use site reconnaissance to understand how the water is retained, where the feature sits, and which facts remain unresolved.
Inspect & Plan
If a potential dam is identified, define the appropriate engineering inspection, records review, and next-step scope.
Our Team
Talk directly with FPA's Water Resources team.
FPA provides dam engineering services including records review, inspection, regulatory coordination, hazard classification studies, rehabilitation, permitting, Emergency Action Plans, and related technical support.
Learn more about FPA's Water Resources / Dam Engineering services.
Official Resources
This page provides general information and engineering guidance, not legal advice. Parties to a real estate transaction should consult appropriate legal counsel regarding their specific disclosure obligations.