The Department of Environmental Protection is proposing amendments to the Coastal Permit Program rules, N.J.A.C. 7:7, which contain the coastal general permits and the permits-by-rule.  Under this proposal, the Department is proposing a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land; a new permit-by-rule for the construction of solar panels; and is describing the situations in which construction of a wind turbine or solar panel does not require a coastal permit. The Department is also proposing amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, to facilitate the construction of wind turbines in the coastal zone in appropriate locations. » Read the rest of this entry «

By Joshua Kaplowitz, Esq., LEED

On June 26, the House of Representatives approved the American Clean Energy and Security (“ACES”) Act, legislation aimed at curbing greenhouse gas (GHG) emissions.  While most of the media attention has centered around the bill’s establishment of a mandatory cap on GHG emissions and a complex emissions credit market (i.e. “cap-and-trade”), ACES contains several sweeping provisions which will dramatically impact the green building industry and national land use policies.

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In an attempt to promote renewable energy, the New Jersey Legislature has proposed a bill (S1303/A3062) that would add the definition of an “inherently beneficial use” to the Municipal Land Use Law and expand the inherently beneficial use status to wind, solar and photovoltaic facilities.  The concept of an inherently beneficial use was created by the courts to lessen the extremely difficult standard of proof required to obtain a use variance where the use being proposed was, by its very nature, beneficial to the community, such as a school or hospital.   In 1997, the concept made its way into the Municipal Land Use Law in order to resolve some ambiguities with the variance standard that was being applied by Zoning Boards, although no definition of an inherently beneficial use has yet appeared in existing statutory law.  » Read the rest of this entry «

By Joshua M. Kaplowitz, Esq. & Mahari Bailey, Esq. 

After just a few weeks, it is clear that the Obama Administration has ambitious plans for the green building industry.  The recently passed economic stimulus package, the American Recovery and Reinvestment Act of 2009 (“ARRA”), contains over $25 billion in funding for energy efficiency in federal buildings, schools and homes—a sizeable sum, though somewhat less than in earlier versions of the bill.  The President has also sent strong signals that the Federal Government intends to play an active role in raising efficiency standards and incentivizing green building in the private sector; in fact, even more green building legislation is already on the table.  This “Green Rush” could present enormous economic opportunities for developers, contractors and building owners.  Of course, with opportunity comes risk, including a number of legal hurdles and pitfalls that companies and industries must avoid as they jockey for position in the upcoming Green Rush. » Read the rest of this entry «

On March 31, 2009, Governor Corzine signed into law The Residential Development Solar Energy Systems Act, which will require developers to provide more information and options regarding renewable energy to potential buyers.  The Act applies to residential developments with 25 or more units (that are owner occupied) and requires the developer to include information on solar energy systems and the specific costs in the developer’s advertisements.  Click here to view the Pamphlet Law

The Legislature has adopted a Bill (A 2550/ S 1299) that permits certain renewable energy facilities in areas zoned for industrial use.  A “renewable energy facility” is defined as a facility that engages in the production of electric energy from solar technologies, photovoltaic technologies or wind energy. Specifically, the Bill provides that a renewable energy facility is deemed to be a permitted use in industrial districts on land comprising 20 or more contiguous acres.  Click here to view the Pamphlet Law.