A new statute imposes sweeping new notice requirements affecting properties that are subject to flooding. All owners of land in New Jersey, including commercial and industrial property owners, who lease their sites or are considering a transfer of improved or unimproved land should consider whether the new notice requirements apply. A copy of the adopted statute can be found here.

Continue Reading Landlords and Sellers of Property Beware: New Law Requires Disclosure of Flood Risks for Commercial, Industrial and Multi-Family Sites

DEP has adopted new Inland Flood and Stormwater rules effective upon publication in either the July 3, 2023 or July 17, 2023 New Jersey Register. We will post an update when the exact date is known. A courtesy copy of the rule adoption document can be found here.

As summarized in our June 3, 2022 post regarding the initial proposals, anyone with a pending or planned project that involves either an area near a non-tidal river or stream or a project that is subject to DEP’s stormwater rules, will likely need to reassess the scope of the project if approvals are pending.

After extensive comments from the regulated community were received, the Department revised the various “grandfather” provisions from the initial proposal. The following categories of “activities” would be subject to the current rules:

Continue Reading DEP Adopts New Inland Flood and Stormwater Rules That Will Require Many Projects to Be Redesigned or Abandoned

Recently passed legislation on Governor Murphy’s desk for enactment would require all new leases and lease renewals in New Jersey – both commercial and residential – to include specific disclosures regarding potential and past flooding. Similar disclosures would also be required to be added to the “Property Condition Disclosure Statement” for the sale of “any real property located in the State.” (A separate post on this law blog will summarize the bill’s impact on sale contracts.)

Continue Reading Bill on Governor Murphy’s Desk Would Impose New Flood Disclosure Notice Requirement on All Commercial & Residential Leases and Sales of Property

DEP Commissioner announced that the Department is moving forward with proposing rules relating to inland flood areas. Earlier this year, DEP had prepared to issue new flood area rules on an “Emergency” basis. The rule concepts put forward by DEP would dramatically expand areas identified as Flood Hazard Areas, and further limit activities in those areas. After significant uproar from municipalities, counties, other state agencies and the development community, the “Emergency Rule” concept was pulled back.

Continue Reading DEP to Move Forward Towards Releasing a New “Inland Flood Protection Rule”

On September 1, the New Jersey Economic Development Authority (EDA) announced its plan to institute a new financial incentive program called the “Brownfields Redevelopment Incentive (BRI) Program,” part of the New Jersey Economic Recovery Act, to spur brownfield redevelopment in New Jersey. The EDA requested public feedback based on information it provided to the public (EDA Information), so that it may tweak the program before the program is established. The EDA held information sessions on September 7 and 8, to present a summary of the program. The slides provided by the EDA at the BRI information sessions are linked here and provide a detailed summary of the program. Following are highlights of key aspects of the proposed program, as set forth in the EDA Information:

Continue Reading New Jersey Economic Development Authority Proposes Brownfields Redevelopment Incentive Program

Sources in Trenton report that the Department of Environmental Protection (DEP) will announce on Monday a delay in publishing the “emergency rule” that was the subject of our June 3 Alert. After feedback from a number of impacted stakeholders, including municipalities, DEP is expected to announce a pause in the publication of the “emergency rule” to allow for more stakeholder input, issue FAQs and release a schedule of stakeholder meetings.

Continue Reading Update: DEP to Delay Publication of “Emergency Rule” on Flood Hazard and Stormwater Regulations

Anyone with a pending or planned project that involves either an area near a non-tidal river or stream or a project that is subject to DEP’s stormwater rules will likely need to reassess the scope of the project if approvals are pending.

The “emergency rule” is the first salvo of the Department of Environmental Protection (DEP)’s Protection Against Climate Threat (PACT) regulatory initiative. DEP will be side-stepping the normal rule making requirements and adopting changes to rules covering Fluvial (river system) Flood Hazard Areas (FHAs) and Stormwater Rules.

Continue Reading DEP to Adopt “Emergency Rule” Mid-June That Will Require Many Projects to Be Redesigned or Abandoned