Pinelands staff propose CMP rule to require public review for private ‘gap’ projects

Unidentified Speaker 1, a staff presenter, told the Pinelands Commission that draft amendments to the Comprehensive Management Plan (CMP) are intended to close a procedural gap for a narrow class of private development projects that do not require municipal or county approvals.

“The purpose of the amendment is to put into the CMP or codify an application process for a very small category of development application,” Unidentified Speaker 1 said, adding that the change is meant to ensure “the commission is going to have the ultimate say … whether the project is consistent with the CMP.”

Why it matters: under current rules, private projects that obtain municipal or county approvals are reviewed via the municipality’s process and then screened by Pinelands staff; public projects follow a separate path that explicitly triggers public notice and a Commission vote. Staff said some private projects—examples cited included pipelines, cell towers on municipal property, certain recycling facilities, service plazas and water-supply wells—can avoid local review and therefore elude the Commission’s usual public-notice triggers.

What the proposal would do: staff described a draft process that (1) requires applicants to list what permits or approvals they will or will not seek; (2) flags eligible "gap" projects on a new status-report web page; (3) requires public notice for major gap applications (residential projects of five or more units or nonresidential disturbance of 5,000 square feet or more, staff said); (4) opens a written comment period and accepts testimony at a Commission meeting; and (5) produces a staff report and recommendation that the Commission would formally accept, reject or, if necessary, refer to the Office of Administrative Law (OAL).

Commissioners pressed staff on standards and technical review. One commissioner asked whether the Commission could adopt objective criteria for when a "substantial issue" exists that would trigger a hearing; staff replied that the CMP currently relies on a subjective "substantial issue" standard and that staff reports will identify the relevant CMP standards and any unusual matters for the Commission to decide.

Technical concerns surfaced over horizontal directional drilling (HDD) and the risk of inadvertent returns in sandy soils. Unidentified Speaker 5, a commissioner, urged tighter standards for HDD and suggested hiring independent consultants for complex reviews; staff noted the Department of Environmental Protection is finalizing related rules but said the Commission can require escrow or independent review where warranted.

Next steps: staff emphasized this is a draft for discussion and said a formal rule proposal is expected as part of a broader 2026 rule package, allowing time for public comment and further refinements. The Commission did not take a formal vote on the amendments at this meeting.