On May 2, 2020, Governor Murphy executed Executive Order 136 that directed the New Jersey Department of Environmental Protection to issue an Administrative Order that extends the regulatory timeframes to accept public comment on applications for permits “where necessary to ensure adequate public participation.” See E.O. 136 at ¶5.

On May 8, 2020, the NJDEP issued an Administrative Order (A.O.) in response to Executive Order 136. The A.O. extends the public comment period for certain permit applications, including applications for freshwater wetlands, flood hazard, temporary dewatering, water allocation and pre-construction and operating (air compliance) permits. This A.O. does not apply to public comment periods that expired before adoption of the A.O. Further, the A.O. provides the NJDEP flexibility to further extend public comment timeframes, on a case-by-case basis, or shorten timeframes to comply with requirements under federally-delegated programs or to respond to the COVID-19 pandemic or threats to public health, safety and the environment.

The NJDEP’s Administrative Order with the extension of the public comment periods is available here.