Bill Text: NJ A489 | 2020-2021 | Regular Session | Introduced
Bill Title: Revises timeframes for issuance of certain construction permits by DEP in 90 days.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A489 Detail]
Download: New_Jersey-2020-A489-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman JAY WEBBER
District 26 (Essex, Morris and Passaic)
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Assemblyman HAROLD "HAL" J. WIRTHS
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblyman Space
SYNOPSIS
Revises timeframes for issuance of certain construction permits by DEP in 90 days.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the issuance of certain construction permits by the Department of Environmental Protection and amending P.L.1975, c.232.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1975, c.232 (C.13:1D-31) is amended to read as follows:
3. The department shall approve, condition , or disapprove an application for a construction permit within 90 days following the date that the application is complete, except that this time period may be extended for a 30-day period by the mutual consent of the applicant and the department, provided that the department [request] requests the applicant for [such an] the extension at least 15 days prior to the expiration date for the approval, conditioning , or disapproval of [such an] the application and the need for the extension is necessary for the department to obtain information that is dependent on specific seasonal or weather conditions. If the department is unable to obtain information that is dependent on specific seasonal or weather conditions within the timeframe specified herein, in the absence of evidence to the contrary, the application shall be deemed to meet the necessary criteria for approval or conditional approval of the application .
(cf: P.L.1975, c.232, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill would amend P.L.1975, c.232 (C.13:1D-29 et seq.), commonly referred to as the "90-Day Law." This law sets forth timeframes to be followed by the Department of Environmental Protection (DEP) when processing applications for certain construction permits.
The current law provides that the DEP must approve, conditionally approve, or disapprove an application for a construction permit within 90 days following the date that the application is complete. The law further provides that this time period may be extended for a 30-day period by the mutual consent of the applicant and the DEP, provided that the DEP asks the applicant for the extension at least 15 days prior to the expiration date for the decision on the application. This bill would amend the law to allow the DEP to request this extension only when the need for the extension is necessary for the DEP to obtain information that is dependent on specific seasonal or weather conditions. In addition, this bill would amend the law to specify that if the DEP is unable to obtain information that is dependent on specific seasonal or weather conditions within the specified timeframe, then, in the absence of evidence to the contrary, the application would be deemed to meet the necessary criteria for approval or conditional approval of the application.
The "90-Day Law" governs permits generally referred to as waterfront development permits, coastal wetlands permits, Coastal Area Facility Review Act or "CAFRA" permits, stream encroachment or flood hazard area permits, and treatment works approvals.
