New Jersey § 13:20-16

§ 13:20-16.

a. The council may provide comments and recommendations on any capital or other project

proposed to be undertaken by any State entity or local government unit in the Highlands

Region. b. Within the preservation area, any capital or other project of a State entity or

local government unit that involves the ultimate disturbance of two acres or more

of land or a cumulative increase in impervious surface by one acre or more shall be

submitted to the council for review, except that no such submission shall be required

for (1) the routine maintenance and operations, rehabilitation, preservation, reconstruction,

or repair of transportation or infrastructure systems by a State entity or local government

unit, provided that the activity is consistent with the goals and purposes of this

act and does not result in the construction of any new through-capacity travel lanes,

or (2) the construction of transportation safety projects and bicycle and pedestrian

facilities, provided that the activity does not result in the construction of any

new through-capacity travel lanes. The council shall establish procedures for conducting such reviews and shall have

the power to approve, approve with conditions, or disapprove the project. No such project shall proceed without the approval of the council; provided that,

in the case of a project of a State entity, if the council disapproves the project,

the head of the appropriate principal department of State government with primary

responsibility for the project may override the council's disapproval upon making

a written finding, which shall be submitted to the council and the Governor, that

the project is necessary for public health, safety, or welfare and including with

that finding a factual basis and explanation in support thereof. In the case of a project of an independent State authority or commission or a bi-state

entity, any such finding shall be made by the Governor or such other State governmental

official as the Governor may designate for that purpose. The council shall review any submission pursuant to this subsection within 30 days

after receipt. If the council fails to act within the 30-day period, or within such other time

period as may be mutually agreed upon by the parties, the project shall be deemed

approved. c. Within the planning area, any capital or other project of a State entity or local

government unit that provides for the ultimate disturbance of two acres or more of

land or a cumulative increase in impervious surface by one acre or more shall be submitted

to the council for a nonbinding review and comment, except that no such submission

shall be required for (1) the routine maintenance and operations, rehabilitation,

preservation, reconstruction, or repair of transportation or infrastructure systems

by a State entity or local government unit, provided that the activity is consistent

with the goals and purposes of this act and does not result in the construction of

any new through-capacity travel lanes, or (2) the construction of transportation safety

projects and bicycle and pedestrian facilities by a State entity or local government

unit, provided that the activity does not result in the construction of any new through-capacity

travel lanes. The council shall establish procedures for conducting such reviews within 30 days

after receipt or within such other time period as may be mutually agreed upon by the

parties. The failure of the council to act within the 30-day or other agreed upon time period

on any such review pursuant to this subsection shall not be cause for delay of the

project, and the project may proceed whether or not the council has conducted the

review authorized pursuant to this subsection.