STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman LUANNE M. PETERPAUL
District 11 (Monmouth)
Assemblyman CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
Co-Sponsored by:
Assemblywoman Reynolds-Jackson
SYNOPSIS
Prohibits approving authority from approving construction of certain warehouses on lot of land within 1,000 feet of historic district.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act prohibiting the construction of certain warehouses proximate to historic districts and supplementing P.L.1970, c.268 (C.13:1B-15-128 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Construction” means the same as the term is defined pursuant to section 3 of P.L.1975, c.217 (C.52:27D-121).
“Historic district” means an area in this State listed as a historic district on the National Register of Historic Places in accordance with the provisions of chapter 3021 of Title 54, United States Code (54 U.S.C. s.302101 et seq.) and on the New Jersey Register of Historic Places pursuant to P.L.1970, c.268 (C.13:1B-15.128 et seq.), 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 Highways Program, established by section 3 of P.L.2009, c.245 (C.27:5K-3). “Historic district,” however, shall not include an otherwise qualifying district if the district has been designated exclusively to preserve, in whole or in part, a waterway, including, but not limited to, a lake, river, or canal.
“Large warehouse” means any site, building, room, structure, or facility of at least 100,000 square feet used primarily for the storage of goods intended for sale or distribution.
b. (1) Notwithstanding any other law, rule, regulation, or ordinance to the contrary, an approving authority shall not approve a site plan submitted pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.), after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), for the construction of a large warehouse development on a lot of land within 1,000 feet of a historic district.
(2) Notwithstanding any other law, rule, regulation, or ordinance to the contrary, neither the State nor a local entity responsible for the approval of any other permit shall approve 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 enactment of P.L. , c. (C. ) (pending before the Legislature as this bill).
(3) Paragraphs (1) and (2) of this subsection shall not apply to an application for development or redevelopment submitted pursuant to section 13 of P.L.1992, c.79 (C.40A:12A-13).
c. A planning board, as defined pursuant to section 3.3 of P.L.1975, c.291 (C.40:55D-6), with jurisdiction over a historic district, may waive the provisions of paragraph (1) of subsection b. of this section, if a developer petitions the planning board for a waiver of one or more of those provisions in a form and manner acceptable to the planning board, and the planning board grants the waiver request. Neither the State nor a local entity responsible for the approval of any other permit shall approve 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 enactment of P.L. , c. (C. ) (pending before the Legislature as this bill) unless the planning board with jurisdiction over the historic district has waived the provisions of paragraph (1) of subsection b. of this section.
2. This act shall take effect immediately and shall apply to proposals to develop a large warehouse for which an application for a construction permit has not, as of the effective date, been declared complete by the enforcing agency pursuant to section 17 of P.L.1975, c.217 (C.52:27D-131).
STATEMENT
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.