In June, I reported that the New Jersey Legislature proposed a bill (S1202/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 include wind, solar and photovoltaic facilities. The legislation has been adopted and the following definitions now apply:
“Inherently beneficial use” means a use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Such a use includes, but is not limited to, a hospital, school, child care center, group home, or a wind, solar or photovoltaic energy facility or structure.
“Wind, solar or photovoltaic energy facility or structure” means a facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies, whether such facility or structure is a principal use, a part of the principal use, or an accessory use or structure.
For a copy of the Pamphlet Law click here.
For a discussion of the inherently beneficial use variance standard click here.
With a new Governor taking the reigns, many people are wondering in what direction New Jersey will be heading. The Transition Subcommittee’s reports, including findings and recommendations, provide valuable insight. Click on the links below to see the recently released reports:
Although the Site Remediation Reform Act (SRRA) gives Licensed Site Remediation Professionals (LSRPs) substantial authority once the exclusive purview of NJDEP, not all of the functions held by NJDEP case managers under the pre-SRRA process for remediation will be transferred to the LSRP. Such is the case with Alternate Remediation Standards (ARS). An ARS is a remediation standard developed for use at a given site based on site-specific conditions and risks that is often less restrictive than adopted standards. One of the laws modified by SRRA continues to allow the use of ARS in lieu of the established minimum soil remediation standards for residential or non-residential use. 
Currently, NJDEP requires a biennial certification for engineering and institutional controls. Every two years, a certification must be prepared, signed and submitted to NJDEP reporting on the monitoring, inspection and maintenance for caps, covers, fences, signs, Classification Exception Areas (CEAs), deed notices and other engineering and institutional controls implemented as part of the remediation of a contaminated site. Under the Site Remediation Reform Act (SRRA), NJDEP will now be implementing a new permit program for this purpose. NJDEP is wrestling with the best way to move forward with the transition of these requirements into a permit program. 
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. 
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