Scattered throughout rural New Jersey are signs that say “Preserved Farmland – Private Land, Public Legacy.” A preserved farm is land that remains under private ownership, but is subject to an easement restricting the property to agricultural use, typically in perpetuity. A common means of preserving farmland is through New Jersey’s Agriculture Retention and Development […]

Permit Extension Act Signed by Governor

Yesterday, the New Jersey State Senate voted to extend the Permit Extension Act in the 9 Sandy-affected counties for another year until December 31, 2016 (many approvals will be extended until June 30, 2017). The Governed signed this Legislation late last evening.

GHC Lawyers Prevail In Trinity Hall Middletown School Dispute

Following contentious hearings before the Middletown Township Planning Board and subsequent litigation, Superior Court Judge Paul A. Kapalko upheld the Planning Board’s decision to approve construction of Trinity Hall School off Chapel Hill Road in Middletown Township. Rejecting arguments made by several neighboring property owners, the Court ruled that Trinity Hall had presented “more than […]

Appellate Division Upends Public Access Rules (Again)

 UPDATE 1/8/16: Yesterday a bill was voted out of the New Jersey Senate Environment Committee which would authorize DEP to require on or off-site public access as a condition of coastal permits. 

Permit Transfer Approval – Don’t Close Without It!

Economists and financial consultants have projected an improving and stronger real estate market in 2014 through 2015 based on various factors including increased new home construction activity. With a recovering economy and improving market conditions, increased land transaction activity should follow suit. It is critical to ensure that development approvals remain valid in connection with […]

FEMA Issues New Base Flood Elevations

In the wake of Superstorm Sandy, the Federal Emergency Management Agency has issued advisory base flood elevation maps for 10 New Jersey counties: Atlantic, Bergen, Burlington, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean and Union. While labeled “advisory” these new flood zone maps are intended to more accurately reflect the true 100 year flood elevations […]

Permit Extension Act Renewed

On September 21, 2012, Governor Christie signed legislation passed by the Senate and Assembly in June 2012 extending the Permit Extension Act (“PEA”). Under the prior version of the PEA, qualifying approvals in effect as of January 1, 2007 were set to lapse the end of this calendar year or within a six month period […]

DEP Begins Implementation of “Waiver Rule”

On August 1, 2012, DEP began implementing the long-anticipated “waiver rule,” which allows DEP to relax or waive strict compliance with its regulations in four narrowly circumscribed situations…   To read more, visit the full article at

Amendments Made to the Permit Extension Act

Today the Governor signed amendments to the Permit Extension Act that further extend most development approvals until at least December 31, 2014, or in some cases until June 30, 2015, depending upon when the original approval would have expired. Prior to this amendment, the expiration dates under the Permit Extension Act were December 31, 2012 […]

NJDEP Appoints Marc Policastro To Off-Site Source Investigation/Documentation Committee of NJDEP’s Technical Guidance Group.

Marc Policastro, shareholder at Giordano, Halleran & Ciesla, PC, was recently appointed by New Jersey Department of Environmental Protection’s (NJDEP) Off-Site Source Investigation Committee of NJDEP’s Technical Guidance Group.  The Technical Guidance Group of NJDEP is composed of DEP Staff and outside Stakeholders with the responsibility of developing technical guidance, training on guidance and responding […]

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