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February 16, 2011

Re: S-2126/A-3139, Permits development of solar and wind facilities and structures on landfills and resource extraction operations under certain circumstances.

Dear Mayor:

S-2126/A-3139 recently passed both houses of the Legislature and sits on the Governor’s desk.   The bill would amend the "Municipal Land Use Law” (MLUL) so that a solar or wind energy facility or structure on any landfill or closed resource extraction operation is a permitted use within every municipality.  

Further, the bill would require that the development of a solar or photovoltaic energy facility or structure on the site of a closed landfill or quarry, or an existing or closed resource extraction operation, is in conformance with the standards of the Pinelands comprehensive management plan, provided that the site is:

  • For resource extraction sites, the facility or structure is located on previously disturbed lands that have not subsequently been restored and which are not subject to any restoration obligation pursuant to the comprehensive management plan;
  • For closed landfill, the facility or structure is located on previously disturbed lands or adjacent lands, if required to ensure the viability of the proposed facility or structure; or 
  • For landfills that have not been closed in accordance with a plan approved by the Pinelands Commission in consultation with the Department of Environmental Protection, the development would facilitate the closure of the landfill in accordance with such a plan. 

If your municipality hosts a quarry, we would urge you to review this legislation with your municipal and land use attorneys for the impact on your community.  You can also forward any concerns, as soon as possible, to the Office of the Chief Counsel, Office of the Governor at:

Jeff Chiesa, Chief Counsel
Office of the Governor
PO Box 001
Trenton, NJ 08625

Questions on this letter can be directed to Mike Cerra at or at 609-695-3481 x120.

Very Truly Yours,

William G. Dressel, Jr.
Executive Director


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