Revises timeframes for issuance of certain construction permits by DEP in 90 days.
Impact
The proposed changes could streamline the permitting process for construction, potentially leading to faster project initiations and a reduction in delays tied to seasonal factors. Proponents of the bill argue that it will help remove unnecessary bureaucratic obstacles that can hinder development projects, thereby fostering economic growth and improving efficiency in the DEP's operations. The rigorous timeframe may also offer a clearer framework for applicants, helping them manage their project timelines more effectively.
Summary
Assembly Bill A1025 proposes amendments to the existing law regarding the issuance of certain construction permits regulated by the Department of Environmental Protection (DEP) in New Jersey, referred to as the '90-Day Law.' The bill seeks to uphold a 90-day decision-making period for the approval, conditional approval, or disapproval of applications. It allows for a one-time, 30-day extension of this timeframe only if the DEP can demonstrate that additional time is necessary to acquire information dependent on specific seasonal or weather conditions. If such information cannot be obtained within the specified timeframe, the application will be deemed to meet the necessary criteria for approval automatically, barring evidence to the contrary.
Contention
However, the bill’s amendments could raise concerns regarding the rigor of the regulatory process. Critics may argue that the automatic approval clause, in the absence of adverse evidence, could lead to inadequate assessments of applications that require thorough environmental reviews, especially those linked to wetlands and coastal areas. This could undermine environmental protections and may invite opposition from advocacy groups focused on ecological conservation, who fear that expedited processes might sacrifice thorough evaluations for speed.
Excludes permit applications for construction of certain pipelines and related infrastructure from eligibility for automatic approval if DEP fails to take action on application within 90 days.
Excludes permit applications for construction of certain pipelines and related infrastructure from eligibility for automatic approval if DEP fails to take action on application within 90 days.
Requires installation of operational automatic rain sensor or smart sprinkler as condition of sale of certain real properties, and on certain commercial, retail, and industrial properties and common interest communities within specified timeframes.