Bill > A489

Introduced Session

This bill would amend P.L.1975, c.232 (C.13:1D-29 et seq.), commonly referred to as the "90-Day Law." This law sets forth timeframes to be followed by the Department of Environmental Protection (DEP) when processing applications for certain construction permits. The current law provides that the DEP must approve, conditionally approve, or disapprove an application for a construction permit within 90 days following the date that the application is complete. The law further provides that this time period may be extended for a 30-day period by the mutual consent of the applicant and the DEP, provided that the DEP asks the applicant for the extension at least 15 days prior to the expiration date for the decision on the application. This bill would amend the law to allow the DEP to request this extension only when the need for the extension is necessary for the DEP to obtain information that is dependent on specific seasonal or weather conditions. In addition, this bill would amend the law to specify that if the DEP is unable to obtain information that is dependent on specific seasonal or weather conditions within the specified timeframe, then, in the absence of evidence to the contrary, the application would be deemed to meet the necessary criteria for approval or conditional approval of the application. The "90-Day Law" governs permits generally referred to as waterfront development permits, coastal wetlands permits, Coastal Area Facility Review Act or "CAFRA" permits, stream encroachment or flood hazard area permits, and treatment works approvals.

AI Summary

Committee Categories

John Burzichelli (D)*,  Jay Webber (R)*,  Harold Wirths (R)*,  Parker Space (R), 

Introduced, Referred to Assembly Environment and Solid Waste Committee (on 01/14/2020)