Blogs > Real Estate Dispute and Land Use Law Blog

Land Use & Zoning Appeals

Aug 03, 2012

Waiver Rule Is in Effect as of August 1st

In March of 2012, the New Jersey Department of Environmental Protection adopted a “Waiver Rule” that gives the department flexibility to modify compliance with rules in certain limited circumstances that do not compromise protections for the environment or public health. The process will be transparent, with all applications and actions posted prominently on the DEP’s website.   » Read More

Sep 09, 2011


Under the new COAH Fee Moratorium Law enacted on August 24, 2011, there is a two-year moratorium on the 2.5% non-residential COAH fee for eligible construction projects beginning July 2011 and ending July 2013; projects which have or receive preliminary or final site plan approval prior to July of 2013 will be exempt from the 2.5% fee, provided they obtain building permits by December 31, 2014; the moratorium is extended back to the end of the last moratorium (July of 2010), allowing for reimbursement of fees paid in the interim (unless fees have already been spent on an affordable housing project). » Read More

Jul 02, 2010

COAH Reform at Impasse, Commercial Real Estate Development Fee Moratorium Expired

Commercial real estate developers again have to pay a 2.5 percent Council on Affordable Housing (COAH) fee as of July 1, 2010, because the Assembly and the Christie administration are at an impasse over COAH reform legislation.  A last-minute bill (A-3055) that would have extended the fee moratorium until October 30, 2010, passed overwhelmingly in the Assembly, but was stopped in its tracks in the Senate when the Governor warned the Senate of an outright veto.  » Read More

May 13, 2010

Time of Application Law Favored by Commercial Real Estate Developers Signed by Governor Christie

On May 5, 2010, Governor Chris Christie signed the “Time-of-Application” bill.  The new law, which will take effect one year following enactment, provides that those development regulations which are in effect on the date of submission of an application for development shall govern the review of that application for development, and any decision made with regard to that application for development. » Read More

Want to receive these blogs in an email? Subscribe here: