Lawyers look at legislative impacts on New Jersey development

New Jersey developers are like well-trained boxers. Every year, they jump into the ring, fighting to undertake new projects as properties grow scarcer and legislation-aimed at regulating environmental protection, initiating smart growth, and protecting economic health -- significantly changes and even limits possibilities.

In the last year and a half alone, New Jersey has proposed more than 20 statutes that affect development by setting or redefining boundaries or adding dos, don'ts, and extra steps to the planning, construction, and management of real estate. From legislating the types of lighting required within buildings to prohibiting bids for local public contracts from falling on certain days to enforcing measures that protect what's left of undeveloped New Jersey, developers and property owners are constantly adapting their operations to new mandates.

Environmental Ethics
According to David Steinberger, an associate at Cole, Schotz, Meisel, Forman & Leonard, based in Hackensack, first up is the Department of Environmental Protection's proposed revamping of the Flood Hazard Area Control Act, expected to be adopted before the end of 2007, which requires new buffers to protect vegetation, aquatic life, and wildlife, as well as maintain bank stability and water quality.

From a developer's point of view, says Steinberger, "it's a bear of a regulation. Under the new rules, buffers would be at a minimum of 50, 150, or 300 feet, depending on the location. Overall, the rules are far more stringent, making development a bit more difficult."

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