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:
Governor’s Transition Team Reports Released
January 25th, 2010 | Posted by:
Christopher DeGrezia
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New Legislation Gives Additional Protection To Approvals Covered by the Permit Extension Act of 2008
January 21st, 2010 | Posted by:
Christopher DeGrezia
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By Michael Smith, Esq., LEED AP.
On January 18, 2010, now former Governor Jon Corzine signed A-4347 – legislation that lengthens the protection of the Permit Extension Act of 2008, for an additional 2.5 years.
By way of background, the Permit Extension Act automatically suspended the expiration of many, but not all, state, county and local permits and approvals, for an “extension period” intially lasting from January 1, 2007 through July 1, 2010.
With A-4347 signed into law, that “extension period” will now last until December 31, 2012, after which the running of the approval periods will resume for up to 6 months – that is, until June 30, 2013. Furthermore, bear in mind that approvals covered by the Permit Extension Act remain eligible for additional extensions under other authorities (for example, the Municipal Land Use Law)
New Jersey Tax Court Exempts Intercompany Transfer From Realty Transfer Fee
January 14th, 2010 | Posted by:
Christopher DeGrezia
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The New Jersey Tax Court has held that transfers of unencumbered property between commonly owned legal entities, for nominal consideration, are not subject to the realty transfer fee. The court rejected the position taken by the Division of Taxation in its current regulations that such transfers are always subject to the fee and that the consideration should be measured by the assessed value of the property.
In Mack-Cali Realty, LP v. Taxation Div. Director, the taxpayer conveyed its unencumbered properties to its wholly owned limited liability companies in each case for consideration of $10. The taxpayer claimed that the transfers were not subject to the realty transfer fee because the statute specifically exempts transfers for consideration of less than $100. » Read the rest of this entry «
NJ Legislature Proposes to Lengthen the Protection of the Permit Extension Act of 2008
December 18th, 2009 | Posted by:
Christopher DeGrezia
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By Michael Smith, Esq., LEED AP.
The New Jersey Legislature recently introduced identical companion bills S-3137 and A-4347 – proposed legislation standing to lengthen the protection of the Permit Extension Act of 2008 (the “PEA”), until at least December 31, 2012. By way of background, the PEA automatically suspended the expiration of many state, county and local approvals and permits, for an “extension period” lasting from January 1, 2007 through July 1, 2010, after which the running of the approval periods will resume for up to six months – that is, until December 31, 2010. » Read the rest of this entry «
Understanding Property Tax Appeals
December 7th, 2009 | Posted by:
Christopher DeGrezia
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New Jersey homeowners and businesses appealed their property tax assessments in record numbers for the 2009 tax year, a trend that will likely continue in 2010. The recent real estate market downturn has had many property owners questioning the accuracy of the assessed value of their properties. Municipalities that undertook a revaluation of property at the height of the real estate boom are facing an increasing amount of appeals by owners who claim that their assessments are too high. » Read the rest of this entry «
NJDEP Amends Freshwater Wetlands Mitigation Requirements: New Rules Could Require the Replacement of Wetland Areas as Small as a New Drainage Outfall Pipe
November 18th, 2009 | Posted by:
Christopher DeGrezia
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By John C. Ryder, P.E., P.P., P.W.S., C.M.E. Effective November 2, 2009, the New Jersey Department of Environmental Protection (NJDEP) has amended the Freshwater Wetlands Protection Act Rules to expanded the list of Freshwater Wetlands Statewide General Permits (SGP) requiring mitigation as follows: SGP No. 2 (Underground utility lines); SGP No. 6 (Isolated wetlands); SGP Nos. 10A & 10B (Road crossings); SGP No. 11 (Outfalls & intake structures); SGP No. 21 (Above ground utility lines); and SGP 27 (Redevelopment of previously disturbed areas). Wetlands permits previously requiring mitigation included: SGP No. 4 (Hazardous site investigation and cleanup); SGP No. 5 (Landfill closures); and all Individual Permits (IP). » Read the rest of this entry «
Site Remediation Reform Act: How Will the Act Impact the Use of Alternate Remediation Standards (ARS)?
November 11th, 2009 | Posted by:
Christopher DeGrezia
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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. » Read the rest of this entry «
Site Remediation Reform Act: Will the New Permit Program for Operation, Maintenance and Inspection of Engineering and Institutional Controls be Different from NJDEP’s Current Biennial Certification Program?
October 30th, 2009 | Posted by:
Christopher DeGrezia
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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. » Read the rest of this entry «
DEP Proposes Rule Changes to Facilitate Wind Turbine and Solar Panels in Appropriate Coastal Areas.
October 30th, 2009 | Posted by:
Christopher DeGrezia
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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 «
Draft DEP Guidance Calls For Local Zoning Approval for Cleanups that Could Delay or Block Remediation or Development Projects?
October 22nd, 2009 | Posted by:
Christopher DeGrezia
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By Ellen Radow Sadat, Esq. & Joseph Schmidt, Esq.
The New Jersey Department of Environmental Protection (”DEP”) is taking another weapon out of its abundant arsenal, which may make it harder to implement reasonable remedial actions and delay cleanups. Under draft guidance, titled “Requirements for Remedial Actions Rendering Properties Unusable,” issued on October 5, 2009, DEP plans to implement a seemingly innocuous provision of the Site Remediation Reform Act (“SRRA”): » Read the rest of this entry «
Site Remediation Reform Act: How Does the Act Impact NJDEP’s Natural Resource Damage Program?
October 20th, 2009 | Posted by:
Christopher DeGrezia
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There are two significant provisions in the Site Remediation Reform Act (SRRA) that will impact how NJDEP pursues its claims for Natural Resource Damages (NRD). The first is a fairly obvious change to existing law (the Statute of Limitations) setting deadlines for the state to bring a claim for NRD. The second, and more significant provision, stems from a subtle reference nestled amid NJDEP’s newly defined powers of direct remedial oversight. » Read the rest of this entry «
Site Remediation Reform Act: Will the Act Affect the Choice and Pace of a Remedy at My Site?
October 15th, 2009 | Posted by:
Christopher DeGrezia
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The Site Remediation Reform Act (SRRA) will affect the choice and pace of remedies. SRRA provides that, for any site that is to be used for residential purposes, a licensed day care center, a public or private school, or a charter school, the Licensed Site Remediation Professional (LSRP) must ensure that the person responsible for conducting the remediation completes the remediation in a manner that complies with either unrestricted use standards, a soon to be established “Presumptive Remedy,” or an alternative remedy approved by the NJDEP. » Read the rest of this entry «