There was another sigh of relief for developers in New Jersey as legislation to further extend the Permit Extension Act of 2008 passed both houses last week, keeping project approvals alive as developers wait for further improvement in the economy. The bill has now been sent to Governor Christie who is expected to sign it… Continue Reading
Category Archives: Land Development & Sustainable Building
Subscribe to Land Development & Sustainable Building RSS FeedNJDEP Adopts Waiver Rule – Waiver of Strict Compliance with NJDEP Rules Now a Possibility
Posted in Land Development & Sustainable BuildingOn March 8, 2012, the New Jersey Department of Environmental Protection announced the adoption of its “Waiver Rule.” As set forth in the NJDEP’s press release “strict compliance with rules can sometimes produce unreasonable, unfair or unintended results that may actually undermine, rather than advance, the” goal of the underlying environmental law. The Waiver Rule… Continue Reading
NJ Acts to Reduce Nutrient Pollution in Barnegat Bay
Posted in Land Development & Sustainable BuildingThe ecological health of Barnegat Bay is in decline, mostly resulting from human activities. Since Barnegat Bay is a key feature of the shore experience in central New Jersey, the impact to its aesthetic, economic and recreational values threatens the economic health of the region. In December 2010, the New Jersey Legislature enacted three statutes… Continue Reading
New Soil Erosion and Sediment Control Rules Coming
Posted in Land Development & Sustainable BuildingOn January 5, 2011, Governor Christie signed into law a bill (Assembly Bill A-2501) which amends the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et. seq. (the “Act”). The Act, designed to control and limit soil erosion, authorizes the State Soil Conservation Committee to establish standards for the control of soil erosion and sedimentation…. Continue Reading
Money May Be Available for Lost Development Potential in the New Jersey Highlands Region
Posted in Land Development & Sustainable BuildingIn 2004, the New Jersey Highlands Water Protection and Planning Act (the “Act”) became law. The law created two distinct regions, the Preservation Area and the Planning Area. Development in the Preservation Area was severely restricted under the Act. To address the loss of development rights in the Preservation Area, the Act also authorized a… Continue Reading
Environmental and Energy Projects within the American Recovery and Reinvestment Act
Posted in Land Development & Sustainable Building, Regulatory Counseling, Renewable Energy, Transactions Involving Contaminated PropertyOn February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009, also known as the Stimulus Bill. Among the numerous programs encompassed within the Stimulus Bill are significant proposed expenditures for environmental and energy projects. There are many opportunities for businesses to capitalize on the federal funding and tax incentives provided… Continue Reading
Can I Use Solar Energy To Save Energy Costs For My Business?
Posted in Land Development & Sustainable Building, Renewable EnergyBusinesses and property owners can use solar systems to reduce their annual energy costs and even generate income. The cost of installing these systems is significant. However, there are a number of incentives from the federal and state governments that reduce the upfront costs of solar system installation and generate money for many years after the initial… Continue Reading
New Rules On Reporting Greenhouse Gases
Posted in Land Development & Sustainable Building, Regulatory CounselingThe New Jersey Department of Environmental Protection ("DEP") is expected to adopt new rules governing the reporting of emissions of certain greenhouse gases in the near future. These new rules were proposed recently pursuant to the Global Warming Response Act of 2007, which required the DEP to establish a greenhouse gas emission monitoring and reporting… Continue Reading
USEPA Cracks Down on Stormwater Violations – Levies Multi-Million Dollar Penalties.
Posted in Environmental Litigation, Land Development & Sustainable BuildingIn June 2008, the United States Environmental Protection Agency announced a $4.3 million dollar settlement against four national residential real estate development companies. The government alleged that those companies violated the federal Clean Water Act (“CWA”) requirements addressing the discharge of stormwater (i.e., rainwater/snow melt runoff) from construction sites. Under the CWA, a permit and a stormwater… Continue Reading
EPA Regulates Home Improvements To Address Risk Of Lead Paint
Posted in Land Development & Sustainable Building, Regulatory CounselingOn March 31, 2008, the United States Environmental Protection Agency (“EPA”), under the authority of the federal Toxic Substances Control Act, issued new rules governing home improvement contractors and maintenance companies engaged in the renovation and repair of houses, child‑care facilities and schools constructed before 1978. The purpose of the rule is to protect children from… Continue Reading
Enforcement Power of NJDEP Increased
Posted in Environmental Litigation, Land Development & Sustainable Building, Regulatory CounselingOn January 4, 2008, the New Jersey legislature passed the Environmental Enforcement Enhancement Act. This Act enhances the enforcement authority of the New Jersey Department of Environmental Protection (“DEP”) under ten environmental statutes: Waterfront Development Act, Pesticide Control Act of 1971, Wetlands Act of 1970, Freshwater Protection Act, Coastal Area Facility Review Act, Endangered and Nongame Species… Continue Reading