New Jersey § 13:20-28

§ 13:20-28.

a. The following are exempt from the provisions of this act, the regional master plan,

any rules or regulations adopted by the Department of Environmental Protection pursuant

to this act, or any amendments to a master plan, development regulations, or other

regulations adopted by a local government unit to specifically conform them with the

regional master plan: (1) the construction of a single family dwelling, for an individual's own use or the

use of an immediate family member, on a lot owned by the individual on the date of

enactment of this act or on a lot for which the individual has on or before May 17,

2004 entered into a binding contract of sale to purchase that lot; (2) the construction of a single family dwelling on a lot in existence on the date

of enactment of this act, provided that the construction does not result in the ultimate

disturbance of one acre or more of land or a cumulative increase in impervious surface

by one-quarter acre or more; (3) a major Highlands development that received on or before March 29, 2004: (a) one of the following approvals pursuant to the “Municipal Land Use Law,” P.L.1975,

c. 291 ( C.40:55D-1 et seq. ): (i) preliminary or final site plan approval; (ii) final municipal building or construction permit; (iii) minor subdivision approval where no subsequent site plan approval is required; (iv) final subdivision approval where no subsequent site plan approval is required;

or (v) preliminary subdivision approval where no subsequent site plan approval is required;

and (b) at least one of the following permits from the Department of Environmental Protection,

if applicable to the proposed major Highlands development: (i) a permit or certification pursuant to the “Water Supply Management Act,” P.L.1981,

c. 262 ( C.58:1A-1 et seq. ); (ii) a water extension permit or other approval or authorization pursuant to the “Safe

Drinking Water Act,” P.L.1977, c. 224 ( C.58:12A-1 et seq. ); (iii) a certification or other approval or authorization issued pursuant to the “The

Realty Improvement Sewerage and Facilities Act (1954),” P.L.1954, c. 199 ( C.58:11-23 et seq. ); or (iv) a treatment works approval pursuant to the “Water Pollution Control Act,” P.L.1977,

c. 74 ( C.58:10A-1 et seq. ); or (c) one of the following permits from the Department of Environmental Protection,

if applicable to the proposed major Highlands development, and if the proposed major

Highlands development does not require one of the permits listed in subsubparagraphs

(i) through (iv) of subparagraph (b) of this paragraph: (i) a permit or other approval or authorization issued pursuant to the “Freshwater

Wetlands Protection Act,” P.L.1987, c. 156 ( C.13:9B-1 et seq. ); or (ii) a permit or other approval or authorization issued pursuant to the “Flood Hazard

Area Control Act,” P.L.1962, c. 19 ( C.58:16A-50 et seq. ). The exemption provided in this paragraph shall apply only to the land area and the

scope of the major Highlands development addressed by the qualifying approvals pursuant

to subparagraphs (a) and (b), or (c) if applicable, of this paragraph, shall expire

if any of those qualifying approvals expire, and shall expire if construction beyond

site preparation does not commence within three years after the date of enactment

of this act; (4) the reconstruction of any building or structure for any reason within 125% of

the footprint of the lawfully existing impervious surfaces on the site, provided that

the reconstruction does not increase the lawfully existing impervious surface by one-quarter

acre or more. This exemption shall not apply to the reconstruction of any agricultural or horticultural

building or structure for a non-agricultural or non-horticultural use; (5) any improvement to a single family dwelling in existence on the date of enactment

of this act, including but not limited to an addition, garage, shed, driveway, porch,

deck, patio, swimming pool, or septic system; (6) any improvement, for non-residential purposes, to a place of worship owned by

a nonprofit entity, society or association, or association organized primarily for

religious purposes, or a public or private school, or a hospital, in existence on

the date of enactment of this act, including but not limited to new structures, an

addition to an existing building or structure, a site improvement, or a sanitary facility; (7) an activity conducted in accordance with an approved woodland management plan

pursuant to section 3 of P.L.1964, c. 48 ( C.54:4-23.3 ) or a forest stewardship plan approved pursuant to section 3 of P.L.2009, c. 256 ( C.13:1L-31 ), or the normal harvesting of forest products in accordance with a forest management

plan or forest stewardship plan approved by the State Forester; (8) the construction or extension of trails with non-impervious surfaces on publicly

owned lands or on privately owned lands where a conservation or recreational use easement

has been established; (9) 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; (10) 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; (11) the routine maintenance and operations, rehabilitation, preservation, reconstruction,

repair, or upgrade of public utility lines, rights of way, or systems, by a public

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

act; (12) the reactivation of rail lines and rail beds existing on the date of enactment

of this act; (13) the construction of a public infrastructure project approved by public referendum

prior to January 1, 2005 or a capital project approved by public referendum prior

to January 1, 2005; (14) the mining, quarrying, or production of ready mix concrete, bituminous concrete,

or Class B recycling materials occurring or which are permitted to occur on any mine,

mine site, or construction materials facility existing on June 7, 2004; (15) the remediation of any contaminated site pursuant to P.L.1993, c. 139 ( C.58:10B-1 et seq. ); (16) any lands of a federal military installation existing on the date of enactment

of this act that lie within the Highlands Region; and (17) a major Highlands development located within an area designated as Planning Area

1 (Metropolitan), or Planning Area 2 (Suburban), as designated pursuant to P.L.1985,

c. 398 ( C.52:18A-196 et seq. ) as of March 29, 2004, that on or before March 29, 2004 has been the subject of a

settlement agreement and stipulation of dismissal filed in the Superior Court, or

a builder's remedy issued by the Superior Court, to satisfy the constitutional requirement

to provide for the fulfillment of the fair share obligation of the municipality in

which the development is located. The exemption provided pursuant to this paragraph shall expire if construction beyond

site preparation does not commence within three years after receiving all final approvals

required pursuant to the “Municipal Land Use Law,” P.L.1975, c. 291 ( C.40:55D-1 et seq. ). b. The exemptions provided in subsection a. of this section shall not be construed

to alter or obviate the requirements of any other applicable State or local laws,

rules, regulations, development regulations, or ordinances. c. Nothing in this act shall be construed to alter the funding allocation formulas

established pursuant to the “Garden State Preservation Trust Act,” P.L.1999, c. 152 ( C.13:8C-1 et seq. ). d. Nothing in this act shall be construed to repeal, reduce, or otherwise modify the

obligation of counties, municipalities, and other municipal and public agencies of

the State to pay property taxes on lands used for the purpose and for the protection

of a public water supply, without regard to any buildings or other improvements thereon,

pursuant to R.S.54:4-3.3 .