Search Site
Menu

Warehouse Construction in NJ May Be Curtailed in Proposed Legislation

New Jersey State Senate subcommittees are currently considering a bill (S-3688) that aims to dramatically slow shipping and distribution warehouse construction across the State. Recently it seems that is the only thing that anyone has wanted to build in this state but some lawmakers believe that there may be such a thing as too many warehouses.

In the first three months of 2021, New Jersey, and particularly South Jersey, saw a substantial increase in the creation of warehouses. [1]. As the law in NJ stands today, the decision to approve or deny an application to build one of these massive warehouse spaces typically lies in the hands of the municipality in which the tract of land is located. As currently drafted, the new bill pro would extend the ability to participate in this decision-making process to neighboring or “adjoining” municipalities and, in some cases, the county. [2]. The idea being that these large buildings have a pretty wide impact.

If the plans for a new project, including shipping and distribution warehouses, require any “variance” from local zoning ordinances, the developer must make an application to the local zoning or planning board for approval of said variance(s). During the hearings at which these local boards consider variance applications, there is almost always a public comment period reserved for residents and other entities to voice their support or opposition for an application. While residents and other objectors from neighboring municipalities have always had the ability to testify during this time, the new Senate Bill seeks to amplify and codify their participation in the decision-making process for certain large warehouses. [2]. We would note by the way that we have seen some boards try to reduce participation from persons not residing in a host municipality.

One way S-3688 aims to accomplish this is by requiring any applicant for the new development of a “large warehouse” within 200 feet of an adjoining municipality to provide notice to that adjoining municipality. That adjoining municipality, within a certain time frame, may adopt a resolution of regional concern to be submitted to the host municipality. In certain instances, similar requirements would apply to the county planning board. Some critics of the bill say that it will curb job creation as collateral damage at a time when many places need job creation now more than ever. [2] Other critics raise concerns about the dilution of the local interests by taking so many others into account. [2]

But while many love these Amazon-era large structures, some believe they cause serious issues such as pollution, stormwater, and traffic problems. It will be interesting to see if this Legislation gains traction.

You can read the most recent version of this bill (as of the date of this article) here: https://www.njleg.state.nj.us/2020/Bills/S4000/3688_U1.PDF and you can track the progress of this bill as it makes its way through the NJ State Senate review process here: https://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S3688

Other Sources: [1] https://www.njspotlight.com/2021/05/warehouses-sprawl-northern-nj-central-nj-newmark-reports-greenfields/

[2] https://www.njspotlight.com/2021/05/warehouse-sprawl-senate-panel-advances-bill-adjacent-towns/

Our Attorneys

Recent Twitter Posts

  • Unprecedented storms are slamming NJ – learn how to be the best advocate for your clients when the next flood hits.… https://t.co/TicH6iAjP0
    1 day ago
  • Trenton Water Works has removed 25 percent of lead pipes throughout its service area. https://t.co/KUvhMsJlvU
    2 weeks ago
  • Opposition grows to big warehouses in small NJ towns. https://t.co/CMjgYaPMRP
    2 weeks ago
  • Groups plead with Governor Murphy to stop plans for new gas-fired power plant along the Passaic River in Newark. https://t.co/0yODyXEI3C
    2 weeks ago

Recent Blog Posts

Registration for the NJSBA Flood Summit on January 26th

Register Now for NJSBA Flood Summit, January 26 9:00am to 11:30 via Zoom Stuart Lieberman, Esq. of Lieberman Blecher & Sinkevich PC will moderate the virtual CLE, which will train advocates on
Read More
Registration for the NJSBA Flood Summit on January 26th

Governor Murphy Blocks Vote on Passaic Valley Sewerage Commission for a More Indepth Review of Its Effects on the Environment

On January 13, 2022, Passaic Valley Sewerage Commission was to vote on a contract to build a $180 million back up generating power plant for its sewage treatment facility in
Read More
Governor Murphy Blocks Vote on Passaic Valley Sewerage Commission for a More Indepth Review of Its Effects on the Environment

Environmental Insurance Dispute to be Heard in New Jersey courts

On December 30, 2021 the Appellate Division of the Superior Court decided Getty Prop. Corp. v. St. Paul Fire & Marine Ins. Co. Getty Properties Corp. (“Getty”) filed an appeal
Read More
Environmental Insurance Dispute to be Heard in New Jersey courts

Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

New Jersey Governor Phil Murphy’s administration proposed a new rule to combat greenhouse gas emissions, just before the start of his second term in office. The New Jersey Department of
Read More
Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

In The Media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form