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Statement to Assembly No. 5241 — Assembly Commerce, Economic Development and Agriculture Committee

Summary

Statement to Assembly No. 5241 with committee amendments, dated May 15, 2025, from the Assembly Commerce, Economic Development and Agriculture Committee of the State of New Jersey. The committee reports favorably on Assembly Bill No. 5241, which as amended prohibits an approving authority under the "Municipal Land Use Law" from approving a site plan for the construction of a large warehouse on a lot of land within 1,000 feet of a historic district. The bill authorizes a planning board with jurisdiction over a historic district to waive certain prohibitions if a developer petitions for a waiver and the planning board grants it. The committee amendments specify that a historic district consists of at least 100 contributing or not-assessed resources, according to the State Historic Preservation Office.

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“Statement to Assembly No. 5241 — Assembly Commerce, Economic Development and Agriculture Committee.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-05-15-ace-a5241-s1-3fa2982c28/, SHA-256 bac39f995b03d67199e345237f8509a240c404501af11bf8aead9b0cf21f1af7.

Full text

ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND
           AGRICULTURE COMMITTEE

                           STATEMENT TO

                      ASSEMBLY, No. 5241
                          with committee amendments



       STATE OF NEW JERSEY
                             DATED: MAY 15, 2025

          The Assembly Commerce, Economic Development and
      Agriculture Committee reports favorably and with committee
      amendments, Assembly Bill No. 5241.
          As amended, this bill prohibits an approving authority under the
      "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.),
      from approving a site plan submitted after the date of enactment of the
      bill for the construction of a large warehouse on a lot of land within
      1,000 feet of a historic district. The bill defines the terms "large
      warehouse" and "historic district." Additionally, the bill prohibits
      State and local entities responsible for the approval of any other permit
      from approving a project-related permit for the construction of a large
      warehouse development on a lot of land within 1,000 feet of a historic
      district after the date of the bill’s enactment. These prohibitions do not
      apply to an application for development or redevelopment submitted
      pursuant to section 13 of P.L.1992, c.79 (C.40A:12A-13), a provision
      of the "Local Redevelopment and Housing Law," P.L.1992, c.79
      (C.40A:12A-1 et seq.).
          The bill authorizes a planning board with jurisdiction over a
      historic district to waive certain prohibitions if a developer petitions
      the planning board for a waiver in a form and manner acceptable to the
      planning board, and the planning board grants the waiver request.
          The bill is to take effect immediately and is to be applicable to
      proposals to develop a large warehouse for which a construction
      permit has not been declared complete by the enforcing agency as of
      the date of enactment.

      COMMITTEE AMENDMENTS:
        The committee amended the bill to:
         specify that the bill’s definition of the term "Historic district"
           means an area listed as a historic district under New Jersey and
           federal law, which historic district: consists of at least 100
           contributing or not-assessed resources, according to the State
           Historic Preservation Office; and is located along a roadway
           designated for inclusion in the New Jersey Scenic and Historic
                                2

    Highways Program, established by section 3 of P.L.2009, c.245
    (C.27:5K-3);
   prohibit State and local entities responsible for the approval of
    any other permit from approving a project-related permit for
    the construction of a large warehouse development on a lot of
    land within 1,000 feet of a historic district after the date of the
    bill’s enactment unless the planning board with jurisdiction
    over the historic district has waived the prohibition;
   specify that the bill’s prohibitions do not apply to an
    application for development or redevelopment submitted
    pursuant to section 13 of P.L.1992, c.79 (C.40A:12A-13); and
   provide that a planning board with jurisdiction over a historic
    district may waive certain provisions that prohibit a State or
    local entity from approving a project-related permit if a
    developer petitions the planning board for a waiver in a form
    and manner acceptable to the planning board, and the planning
    board grants the waiver request.

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