Turning Red Tape into Green Lights

At Issue

By Ray Cantor, NJBIA Deputy Chief Government Affairs Officer On Mar 30, 2026

New Jersey is known for many things – having efficient and timely permitting programs is not one of them. That is why NJBIA was pleased when Gov. Mikie Sherrill issued Executive Order No. 5, which seeks to streamline, simplify and better coordinate permitting processes across all state agencies.

Governor Sherrill recognizes that an overly burdensome regulatory process increases the cost of being in business and can even prevent companies from locating, growing, or expanding in the Garden State. The EO states, in part, “streamlining permitting processes is critical to reducing costs, boosting innovation, creating good jobs, and growing the economy.” We agree.

However, wanting to streamline the permitting process and actually doing so are two different things. This is especially true at the Department of Environmental Protection (DEP), whose plethora of regulatory programs touch nearly every business seeking to create jobs in our state.

While EO 5 contains good ideas, like a “shot clock” to expedite permit approvals, Governor Sherrill may find her goals frustrated by the morass and complexity of the DEP regulatory system and employees who do not understand the importance of expediting permits and “getting to yes.” 

Compounding the problem is the prior administration’s adoption of a 1,000-page land use regulatory proposal literally hours before Gov. Phil Murphy left office. These PACT REAL rules will make every land use permit more complex and costly, while increasing the time it takes to issue permits.

We urge Governor Sherrill to take these five measures to reform DEP permitting:

1. Freeze the implementation of the PACT REAL rules and collaborate with the regulatory community in a meaningful stakeholder process to improve environmental protections while making it easier to obtain
   permits.
2. Use the Licensed Site Remediation Professional (LSRP) model to allow qualified professionals to issue permits in other programs subject to oversight. The LSRP model has now been in existence for over a decade and has proven to be an unqualified success. It should be duplicated.
3. Provide customer service training to all DEP employees. DEP needs to treat the regulated community as customers seeking a service, not as “polluters” seeking to harm the environment.
4. Focus on results, not process. Too often, the DEP cares more about checking the regulatory boxes rather than improving the environment. 
5. Worry about potential major impacts, not minor projects that can best be handled by the local authorities.

We look forward to working with the Sherrill administration to reform the state’s regulatory programs to help grow our economy and create jobs, while protecting our environment.

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