New Notice Requirements Under New Jersey Municipal Land Use Law (MLUL)
The New Jersey Municipal Land Use Law (MLUL) requires notice be provided for various types of land use requests and applications, including for new developments, variances, and more. Currently, notice must be provided in hard-copy form, by certified mail to directly affected parties and through newspaper publication. However, all of this will soon change. A new law was recently enacted in New Jersey that will change the way that legal notices are provided, including notice for projects and plans under the MLUL. The new law takes effect on March 1, 2026. What do you need to know about what these changes mean for any planned real estate developments or projects that you may be considering in 2026 and beyond? Our New Jersey land use lawyers can tell you more about the new law, and how businesses and individuals will soon be able to provide digital notice in order to comply with requirements set forth in the MLUL.
Method of Providing Notice Will Change
Under current law, for any land use requests or applications, there are two ways of providing notice that we indicated above. Both involve hard-copy, print notice. You may be required to send notice via certified mail to any property owners within 200 feet of the property for which you are planning a development, seeking a variance, or planning another land use action. With this method, the idea is that anyone who is directly impacted by your plans will have notice, and thus will be able to participate in public discussion through the public hearing, and to provide public comment if they wish to do so. In addition, you may be required to publish notice of your plans in a newspaper in Summit that must run in print 10 days before the public hearing on your application or request is scheduled.
These methods have been in place for a very long time and are not always up to date with the digital means of communication that many people in New Jersey now rely upon. Soon, under Senate bill 4654 (and Assembly bill 5878), notice can be published digitally (rather than in print) beginning on March 1, 2026.
Digital or Electronic Notice in 2026
Once the bill takes effect, public entities will need to publish notice digitally on the Summit (or other municipality) website, or on the public entity’s official website.
Individuals and businesses required by the MLUL to publish notice in a newspaper will be able to do so electronically. However, requirements for certified mail to affected parties will remain in place.
Contact Our Summit Land Use and Zoning Lawyers Today for Help
Are you planning to make any kind of land use application in Summit? If so, one of the steps required is likely to provide notice. While the new law will not take effect until 2026, it is important to know how it will change the nature of providing notice for MLUL planned projects and what you will need to do in the meantime if you are going to be making a request for a variance, rezoning, development, or any other type of land use action in the Summit area. One of the experienced Summit land use and zoning attorneys at Dempsey, Dempsey & Sheehan can speak with you today to answer any questions you have and to begin assisting you with your land use request or application. We assist individual and business clients with a range of land use needs, including municipal zoning and rezoning, development, variances, site plans, environmental issues, and more. Contact us today for assistance.
Sources:
pub.njleg.gov/Bills/2024/A6000/5878_I1.HTM
law.justia.com/codes/new-jersey/title-40/section-40-55d-12/
