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NJDEP TO EXPEDITE URBAN/GROWTH AREA ENVIRONMENTAL PERMITTING

To spur redevelopment activity in urban areas and facilitate the channeling of development to areas designated for growth under the State Development and Redevelopment Plan ("State Plan"), NJDEP is seeking public input on a new permitting mechanism called a Statewide Sector Permit ("SSP"), which allows NJDEP to pre-approve qualifying areas of eligible municipalities for permits and approvals under certain NJDEP programs. The NJDEP programs to be encompassed in the SSP would include wetlands, stream encroachment, waterfront development (coastal zone approvals are already covered under a separate sector permit program), stage 1 wastewater treatment works approval, water main extensions, construction related dewatering permits and historic perservation. The SSP would enable the municipality to incorporate those NJDEP approvals into the municipality’s approvals granted under the Municipal Land Use Law.

To be eligible, the municipality would have to either (1) receive approval from the State Planning Commission ("SPC") for the designation of one or more centers under the State Plan, (2) receive SPC endorsement of its municipal master plan and ordinances, (3) receive SPC approval of its master plan and ordinances as part of a strategic regional plan, or (4) contain a designated Urban Coordinating Council neighborhood with an approved neighborhood empowerment plan. To receive an SSP, the municipality would have to enact natural resource protection strategies to protect drainage ways, riparian lands, floodplains, threatened and endangered species habitat, forest cover and steep slopes and meet other qualifying criteria. SSPs would be issued for five year terms, during which the municipality would be responsible for project review, subject, however, to oversight (and possible project veto) by NJDEP. The draft is available at: 
www.state.nj.us/dep/special/sector.

(Manko Gold & Katcher Client Alert - 3/01)

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