Bill Text: NJ S4273 | 2026-2027 | Regular Session | Introduced
Bill Title: Requires DEP to modify certain timelines and requirements for certain approvals associated with development of affordable housing projects.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced) 2026-05-14 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S4273 Detail]
Download: New_Jersey-2026-S4273-Introduced.html
Sponsored by:
Senator ROBERT W. SINGER
District 30 (Monmouth and Ocean)
SYNOPSIS
Requires DEP to modify certain timelines and requirements for certain approvals associated with development of affordable housing projects.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the development of affordable housing projects and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Commissioner" means the Commissioner of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Fair share plan" means the same as that term is defined in section 4 of P.L.1985, c.222 (C.52:27D-304).
"Housing element" means the same as that term is defined in section 4 of P.L.1985, c.222 (C.52:27D-304).
"Affordable housing project" means a residential development that is included in an adopted housing element and fair share plan, subject to court-approved affordable housing settlement, or necessary to satisfy a municipality's constitutional fair share obligation.
"Water quality management plan" means a water quality management plan approved pursuant to the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et seq.).
b. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the Department of Environmental Protection shall modify the timelines and requirements for the following approvals associated with the development of an affordable housing project, as follows:
(1) the commissioner shall render a final decision on any water quality management plan amendment for an affordable housing project within 180 days of administrative completeness, and failure to render a decision within 180 days shall result in an automatic approval, unless a written denial specifying statutory deficiencies is issued;
(2) in the event a letter of interpretation is requested pursuant to section 8 of P.L.1987, c.156 (C.13:9B-8) in relation to the development of an affordable housing project, the department shall make a determination within 90 days of receipt of the request for a letter of interpretation, with no more than two 30-day extensions of the 90-day timeframe by the department;
(3) the department shall process letters of interpretations pursuant to section 8 of P.L.1987, c.156 (C.13:9B-8), flood hazard area verifications, flood hazard area individual permits, and water quality management plan amendments concurrently for affordable housing projects;
(4) the department shall, when determining sewer service areas, determine that any site that is designated within an adopted housing element and fair-share plan or court approved settlement shall be presumed to be consistent with the applicable water quality management plan, unless the department demonstrates a direct violation with federal law;
(5) for any applications or approvals associated with the development of an affordable housing project that have a 90-day review period, the department shall provide final comments no later than 60 days prior to being deemed complete;
(6) if an affordable housing project does not require a wetlands disturbance application, the department shall allow for a separate review and approval process by the Historic Preservation Office, which shall be carried out in parallel with other permit review processes by the department; and
(7) the department shall provide that any previously approved permits are valid until their expiration date and shall not be affected by any new regulations adopted pursuant to subsection c. of this section.
c. The department shall update any applicable rules and regulations concerning the development of affordable housing projects to reflect the timeline modifications and requirements established pursuant to subsection b. of this section. The department shall publish information related to the updated rules and regulations on its Internet website.
2. This act shall take effect immediately.
STATEMENT
This bill would require the Department of Environmental Protection (department) to modify the timelines and requirements for certain approvals associated with the development of an affordable housing project in the State.
Specifically, the bill expedites certain review processes and approvals, including, but not limited to, water quality management plan amendments, letters of interpretations for approval of wetlands, flood hazard area verifications, flood hazard area individual permits, and sewer service areas for affordable housing projects. Under the bill, the department would be required to update any applicable rules and regulations concerning the development of affordable housing projects to reflect the timeline modifications and requirements established in the bill. The department would also be required to publish information related to the updated rules and regulations on its Internet website.
