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S-921 - New Solar Power Legislation

April 22, 2010 -Red Bank, NJ - On Thursday,April 22, 2010 Governor Christie signed into law a bill exempting solar panels from restrictions which had previously classified them as impervious surface cover under the Municipal Land Use Law, Waterfront and Coastal Development Laws and the Pinelands and Highlands Protection Acts. The Bill, S-921, recognizes solar energy developments as critical uses of land and eliminates significant restrictions that allowed municipalities and environmental regulators to create a patchwork of conflicting laws and regulations that prevented clean energy solar installations. Under the law, only the base or foundation structure of a solar panel, that is actually affixed to land, rather than the entire solar panel, is considered impervious surface cover.

This Bill, in conjunction with the recent codification of S-3137, which provides for the extension of the initial terms of the Permit Extension Act of 2008 by an additional two (2) years, as well as S- 1538, which allows for biomass, solar and wind energy generation on preserved farms, represent significant changes to regulations impacting land use in New Jersey.

Giordano Halleran & Ciesla will continue to monitor land use and alternative energy legislation and advise on future developments. View PDF

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Tags: John A. Giunco, Vincent M. DeSimone, Real Estate, Land Use & Development

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