January 1, 1900

by Thomas F. Carroll, III

Land use regulatory policy in New Jersey is clearly at a crossroads.

The Governor has stated that he wishes to see the construction of 100,000 affordable housing units. The Council on Affordable Housing has unveiled new regulations noting that the statewide need for affordable housing is well in excess of that 100,000 unit number. The State needs market-rate housing as well, not to mention the nonresidential development required if our populace is to have places to work.

Meanwhile, State and local government decision-makers also call for the redevelopment of our cities and other areas where redevelopment should take place.

But can that growth take place? New Jersey already has some of the most oppressive land use regulatory systems in the nation. In addition to local zoning restrictions, developers and redevelopers must face often-draconian state regulations, such as DEP regulations, Highlands restrictions, Pinelands laws, State Plan problems, and the like.

Indeed, as things stand there is precious little land in New Jersey that is not already placed “off limits” to development. But that is only the beginning. While certain branches of the State government call for the development and redevelopment summarized above, other branches are busy proposing new regulations which would make that impossible. Examples arising out of the DEP include expanded “C-1” regulations, water quality management plan (sewer) restrictions, oppressive site remediation and soil cleanup standards, and proposals to ostensibly protect certain species of plants and animals.

Adding to the regulatory onslaught, the State Planning Commission is working on a new State Plan that would further shrink the already sparse “growth areas” depicted on its mapping. Similarly, the Highlands Council is finalizing a new Highlands Regional Master Plan that would make development extremely difficult, if not impossible, even in the Highlands “planning areas” that were supposed to be the “growth areas” per the Highlands Act.

It is hoped that the administration in Trenton will quickly realize that the economic growth envisioned “at one end of the hall” simply cannot take place if it is shut down by the regulators at “the other end of the hall.” Further regulation must be stopped, and existing, unnecessary regulations must be repealed. In this special edition of our firm’s Quarterly, timed for release during the Atlantic Builders Conference, we further touch upon these issues, and more, as builders and developers continue their efforts to navigate the current economic and regulatory climate.

We hope you find this issue informative and useful, and we look forward to receiving your comments and inquiries.

Thomas F. Carroll, III, is a partner of Hill Wallack LLP, and a member of the firm’s Land Use Division. He also serves on the NJBA’s Land Use and Planning Committee. A past-Chair of the Board of Directors of the New Jersey State Bar Association’s Land Use Law Section, he concentrates his practice in the development application process and the litigation required in the course of land development.