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New Jersey Department of Community Affairs Opens 60-Day Comment Period for Forthcoming Warehouse Solar Regulations

Posted: 05/04/2022
Services: Environmental
Industries: Energy | Real Estate

On May 2, 2022, the New Jersey Department of Community Affairs (“DCA”) announced a 60-day comment period whereby interested parties may submit written comments to the DCA in response to upcoming amendments to the Uniform Construction Code’s Energy Subcode, N.J.A.C. 5:23-3.18. These regulations implement a new law, P.L.2021, c.290, which requires warehouse projects greater than 100,000 square feet to set aside at least 40 percent of roof area for the future installation of a solar photovoltaic or solar thermal system (for more information as to the new law, check out prior alert here). 

What You Need to Know:

  1. Requirements apply to new warehouses where construction permits have not been declared complete by the enforcing agency as of July 1, 2022.
     
  2. Warehouse is defined as “any building, room, structure, or facility of at least 100,000 square feet used primarily for the storage of goods intended for sale.”
     
  3. To comply, a warehouse must set aside at least 40 percent of its roof area for the future installation of a solar photovoltaic or solar thermal system.

The new solar-ready regulations are expected to directly impact New Jersey warehouse construction and development costs. The regulations will apply to projects that have not been declared complete by the enforcing agency before July 1, 2022. Warehouse is specifically defined as “any building, room, structure, or facility of at least 100,000 square feet used primarily for the storage of goods intended for sale.”

Developers seeking further information and guidance on submitting written comments to the DCA should contact Melissa A. Clarke and Benjamin A. Nadell. Please note the deadline for submission to the DCA is Friday, July 1, 2022.