Like old food, old permits go bad

RELEASE: June 6, 2008 – Volume XL, No. 23

Most foods in your refrigerator or pantry are stamped with an expiration date, for a very good reason: They go bad, even with preservatives! Foods are perishable, and you can end up with a sickening mess if you don’t toss them out in time.

Permits and approvals granted to builders by state and local governments are also perishable, for different reasons. Housing, office and retail development proposals themselves may not deteriorate, but conditions in host communities – and the state at large - can change dramatically over the years.

That’s why a legislative proposal in Trenton, the Permit Extension Act of 2008, smells like a six-month-old carton of milk.

Introduced by the state Assembly on May 19, the bill (A2867) would extend for six years all permits given to developers at the state and local levels – and it would bring back to life some that have already expired! Because most state permits are already good for five years, plus a five year renewal, this would mean some permits would be valid for a total of 16 years!

If this bill becomes law, stalled or expired development proposals could proceed many years from now, even if they don’t meet current environmental and public health standards, building codes or local zoning regulations. Does that make sense?

Think about it. Over time, towns increase in population, sewer capacity shrinks, water supplies dwindle, schools fill to capacity, traffic gridlocks, contaminants are found on former industrial sites, just to name a few. In addition, zoning laws and rules change, new scientific data comes to light, better health and environmental protection regulations are put into effect, construction codes improve for safety, and “green” standards are adopted to combat global climate change and increase energy efficiency.

All that won’t matter if the Permit Extension Act becomes law. A blanket permit extension for six years would allow projects to avoid a re-examination of their impacts, despite changing conditions, scientific advances and other new information.

The Permit Extension Act is, of course, framed in the noblest of terms: Helping New Jersey boost its flagging economy.

The Assembly’s version of the bill declares “a state of economic emergency” retroactive to Jan. 1, 2006 and extending at least through Dec. 31, 2012 - during which time development would presumably grind to a halt. By stopping the clock on permit expirations during this period, the legislature would save the building industry countless dollars in re-application costs.

But how would it affect New Jersey’s quality of life? For starters: more water pollution, increased sprawl, reduced drinking water supply, more flooding, and loss of local control for municipalities. Homes and even schools could be constructed on sites later found to be contaminated. The state Department of Environmental Protection would lose the ability to revoke permits that were based on incomplete information and improperly granted. New “green” building standards designed to fight global warming couldn’t be enforced.

Yes, the economy has taken a downturn, the real estate bubble has burst, and credit has tightened due to the sub-prime lending debacle. But we have yet to see solid facts and figures backing up some of the more exaggerated language in the bill; for example, that “many landowners and developers are seeing their life’s work destroyed by the lack of credit and dearth of buyers and tenants ...” And how does allowing builders to postpone their work until the economy improves help stimulate the economy in the short term?

The permitting process was set up for a reason – to protect public health, safety and environmental quality. With the introduction of this bill giving away blanket permit extensions, New Jersey’s legislators are circumventing a process they should be supporting. Let’s not lose sight of the fact that a healthy environment equates to a healthy economy. People want to live, work and play in communities with clean air and water and parks.

Please contact your legislators and ask them to vote against A2867 and its state Senate companion, S1919. You can find your legislators at www.njleg.state.nj.us/members/legsearch.asp. And I hope you’ll contact me at info@njconservation.org for more information about conserving New Jersey’s land and natural resources.

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