ContentsBuilding Permits and InspectionsADA ComplianceAir PollutionLand Use and Water ProtectionRegional and Special Development AreasMiscellaneous PermitsCertificate of Need
Navigating the government permitting process can be arduous even for a commercial real estate professional. The NJBAC is dedicated to assisting businesses and their representatives navigate the permitting process by getting answers from government agencies, directing businesses to appropriate officials and contacts, and facilitating meetings and follow-ups from regulatory bodies. Here are a few of the major regulatory agencies that may play a role in obtaining all the necessary approvals and permits required for your business to be in full compliance.
Recent Regulations and Resources
Building Permits and Inspections
You've found a space zoned for your business, but before you start renovating to make it your own find out if you need a building permit. Building permits are required for building, structural, electrical, HVAC, and plumbing projects. They help ensure that your space is safe for your team and your customers.
Making your business accessible not only helps your customers, but it’s also federal and state law. The Americans with Disabilities Act (ADA) and New Jersey state requirements are in place to ensure that people with disabilities or other impairments have equal access to businesses and other public facilities.
The Americans with Disabilities Act (ADA) is a Federal civil rights law designed to ensure equal access, full inclusion, and participation for people with disabilities or impairments. Under the law, people with disabilities are entitled to full and equal access to places of public accommodation, transportation carriers, lodging places, recreation, amusement facilities, and other business establishments where the general public is invited.
The Federal ADA regulations require that all new construction for public accommodations comply with the 2010 Americans with Disabilities Act Standards. In addition, the ADA says that a public accommodation has a continuing obligation to remove architectural barriers (barrier removal) to make sure your business is accessible, even when your business is not otherwise contemplating construction. This includes existing barriers at entrances, aisles, bathrooms, and service counters that may have predated the ADA and your ownership of the business.
Be sure to learn about the requirements upfront to make it easier for your customers and protect yourself from potential lawsuits.
The Department of Environmental Protection’s Bureau of Stationary Sources is responsible for permitting stationary sources of air pollution (e.g., factories, power plants, etc.)—both old sources (those already constructed) and newer facilities—to ensure they do not adversely affect air quality in your neighborhood or anywhere in the state. Some businesses will require air permits for their business operations.
Land Use and Water Protection
Managing New Jersey’s land is a critical function of the Department of Environmental Protection’s overall environmental protection strategy. In recognition of the intimate tie between land use and the health and quality of our streams, estuaries, coastal waters, wetlands, wildlife habitat, and drinking water, the New Jersey legislature has charged the Department with regulating land use activities.
A variety of Land Use and Water protection statutes and regulations may apply to your project; including the Freshwater Wetlands Protection Act, Flood Hazard Area Control Act, Wetlands Act of 1970, Coastal Area Facility Review Act, Waterfront Development Law, Tidelands Act, NJ Water Pollution Control Act, and the Highlands Water Protection and Planning Act. The NJBAC can assist you in navigating regulatory perplexity to keep you in compliance.
Regional and Special Development Areas
There are additional development restrictions in regions administered by the Pinelands Commission and The Hackensack Meadowlands District. If your property is within a special planning region the NJBAC can assist you in navigating the regulatory process.
Property owners seeking traffic access to state roadways and transportation infrastructures must submit applications for access to the New Jersey Department of Transportation (NJDOT).
Certificate of Need
A Certificate of Need is a regulatory process that governs the construction, relocation, or renovation of certain healthcare facilities. The Certificate of Need program helps ensure that new facilities, or the expansion of existing facilities, meet the needs of the community. This helps to avoid investment in duplicate facilities.