Regulation Round-Up: Where the Latest Trends are Leading

In line with a global trend, sustainability is becoming more and more of a focus for regulatory agencies across the land development industry.

It’s led many to adopting more stringent stormwater management guidelines, requirements for solar energy and electric vehicle requirements, and incentives (through tax or otherwise) to encourage more sustainable development.

Across Bohler’s footprint, which spans the East Coast and Texas, our leaders are at the forefront of these changes, keeping development teams informed and navigating potential impacts to cost and schedule. Through this work, we have identified the following national trends and where they are leading. Here are a few of the recent changes we’ve seen across Bohler’s footprint and how owners and developers can stay informed and take control.

1. New Jersey: Breaking Down the NJDEP’s Proposed Stormwater Updates

The New Jersey Department of Environmental Protection (NJDEP) recently published a Flood Hazard Area (FHA) Control Act Rule and Stormwater Management Rule that are anticipated to be adopted in Q2 2023. Here’s what New Jersey developers need to know.

2. Atlanta: Getting Ahead of Stormwater Management Regulations

A growing movement towards sustainable stormwater management is affecting the way many metro Atlanta municipalities interpret and enforce the current manual. For developers, the trend adds another layer of complexity to land development because interpretations among local authorities vary. Here’s how you can take control.

3. Massachusetts: New Zoning for MBTA Communities Promotes TODs

As insufficient housing stock remains a challenge across the state, the Department of Housing and Community Development (DHCD) is promoting the development of multifamily housing. A new section under the Zoning Act requires 175 communities along Massachusetts Bay Trasportation Authority (MBTA) bus and rail lines to create new zoning districts that allow for much-needed multifamily housing. Learn more about the opportunities for developers.

4. New York City: How DEP Updates Will Impact the City’s Construction Industry

Under the new Unified Stormwater Rule, developers are likely to incur greater costs for larger stormwater detention basins and/or green initiatives like rain gardens and green roofs. Here’s how engaging a site civil engineering consultant early in the project lifecycle can help you understand your options and make more informed decisions.

5. New Jersey: Electric Vehicle Parking Ordinance Impacts

With regulations and incentives popping up across the U.S., even developers outside of New Jersey can consider these tips and strategies for implementing designated parking for EV charging stations.