New Jersey would set environmental review deadlines for affordable housing

New Jersey's Department of Environmental Protection would face fixed deadlines for water quality plan amendments and letters identifying wetlands on a project site. Covered developments must be in an adopted town housing plan and plan for meeting its affordable housing share, covered by a court-approved housing settlement, or needed to meet the town's constitutional affordable housing duty. Letters identifying wetlands would be due within 90 days of receiving the request. The agency could extend that deadline twice, by 30 days each. For applications or approvals with a 90-day review period, final comments would be due at least 60 days before the application is deemed complete. These requirements would take effect immediately if the bill becomes law.

The Department of Environmental Protection would review specified affordable housing approvals at the same time. Simultaneous reviews would cover letters identifying wetlands, flood hazard checks and individual permits, and water quality plan amendments for covered affordable housing. Separate review by the Historic Preservation Office would be allowed when no application to disturb wetlands is required. The environmental agency would update its rules and publish information about those updates on its website. These requirements would take effect immediately if the bill becomes law.

The Department of Environmental Protection would assume designated housing sites fit the applicable water quality plan when deciding sewer service areas. This rule covers sites designated in an adopted town housing plan and plan for meeting its affordable housing share or in a court-approved settlement. The agency could override this assumption if it demonstrates a direct violation of federal law. This requirement would take effect immediately if the bill becomes law.

The Department of Environmental Protection would keep previously approved affordable housing permits valid through their expiration dates. This protection covers previously approved permits associated with covered affordable housing projects. The protection would apply to new regulations adopted to carry out this bill. This protection would take effect immediately if the bill becomes law.