Examples of Municipal Actions to Advance
Environmental Justice
Background: New Jersey’s Municipal Land Use Law (MLUL) (N.J.S.A. 40:55D-1, et. seq.) stipulates that, if a municipality wishes
to regulate land use, it must adopt a comprehensive (master) plan that authorizes regulation of land use through ordinances
that are consistent with the comprehensive plan. The MLUL requires inclusion of several elements in a comprehensive plan:
• A statement of purpose that includes: objectives, principles, assumptions, policies and standards upon which
proposals for the development of the municipality are based;
• A land use element which describes land use in relationship to natural features, existing and proposed development;
• A housing element that describes housing types and policies to address existing and anticipated future housing
needs, including for low and moderate-income affordable housing;
• A statement about the relationship of the municipality’s comprehensive plan to other plans including those of
contiguous municipalities, county plans for solid waste management and water quality management, and the state
Development and Redevelopment Plan.
Municipalities may also voluntarily adopt other elements as part of the comprehensive plan including those that address:
roadways and circulation, conservation, historic and cultural preservation, economic development, community facilities, open
space and recreation, stormwater management, utilities, and sustainability. An Environmental Resource Inventory (ERI) is a
summary of signicant natural resource and environmental features of a municipality. An ERI provides the baseline by which
the municipality evaluates its decisions and potential impact to environmental resources. The ERI is adopted as part of the
municipal Comprehensive Plan and, in doing so, provides important documentation for updates to Comprehensive Plans, a
basis and background for municipal land use and other decisions. The MLUL also authorizes municipalities to develop a
capital improvement program and adopt an ocial map which reects current land use practices as well as future land uses
outlined in the comprehensive plan. In addition to reecting current land use practices, the comprehensive plan is intended to
also articulate the municipality’s vision for its future socially, economically, and physically. Once the comprehensive plan is
adopted, it becomes the guidepost for adoption of zoning, site plans, subdivision and other ordinances that are required to be
consistent with the comprehensive plan.
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The following list is not a comprehensive list of actions that a municipality can take to advance environmental justice. Rather, the list
is illustrative and is provided as part of this guidance to support municipalities’ efforts to consider actions that may be relevant in their
jurisdiction to advance environmental justice.
Integrate Environmental Justice into Comprehensive Planning
Opportunity for Municipal Action
Examples
Include language that reects NJDEP designated overburdened communities, NJDEP
identied environmental burdens and public health stressors, and other environmental
burdens identied in the Municipal Environmental Justice Action Plan.
Include language that reects the municipality’s commitment to environmental justice in
the statement of purpose.
Include language in the comprehensive plan statement of purpose that reects priority
actions contained in the municipal Environmental Justice Action Plan.
Identify census blocks on the ocial municipal map that are designated as
overburdened by NJDEP.
Create a specic identier of environmental burdens and public health stressors
identied in the municipal Environmental Justice Action Plan.
1. Reect municipal environmental
justice commitments and ndings
of the Municipal Environmental
Justice Action Plan in the
comprehensive plan statement of
purpose.
2. Reect the location of
designated overburdened
communities and environmental
burdens and public health
stressors identied in the
Municipal Environmental Justice
Action Plan in the ocial
municipal map.
Examples of Municipal Actions to Advance Environmental Justice
Environmental Justice Action Plans: Guidance for Municipalities
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Land Use Element – Identify proximity of overburdened communities to sources
of environmental burdens.
Housing Element – Consider the extent to which affordable housing units are
close to environmental burdens. Assess potential environmental burdens
and public health stressors with regard to future commitments to affordable
housing. Ensure that the municipality’s Fair Share Housing Plan prioritizes the
siting of affordable housing projects outside of areas containing environmental
burdens and public health stressors.
Preservation Element – Recognize and prioritize for preservation and
commemoration important historic, cultural and/or environmental features of
overburdened communities.
Conservation Element – Set priority for enhancing viewscapes in overburdened
communities, such as removing physical barriers (roads) that imped residents
of overburdened communities to access natural resources.
Open Space and Recreation Element – Identify proximity of overburdened
communities in relationship to access to recreational assets. Set priorities for
increasing access to recreational assets for overburdened communities.
Circulation Element - Reevaluate location of truck routes in relationship to
overburdened communities (municipal, county, and state roads) if truck trac,
noise and emissions were identied as an environmental burden and/or public
health stressor. If the reevaluation involves county, state or federal roads, it
would necessitate engagement of other government agencies. Also, Update
the Circulation Element of Master Plan to address opportunities for adequate
parking that has the least land use impact, goods movement, improvements to
bicycle and pedestrian access along with continued growth in the community.
In particular, reduce congestion and ensure that non-vehicular transportation is
encouraged. Additionally, incorporate language that mitigates land use and site
specic impacts (i.e. emissions) of operations and circulation associated with
warehouse distribution centers.
Adopt language in the Comprehensive Plan that indicates the municipality’s
commitment to proactive and early engagement of residents and leaders of
overburdened communities whenever a reexamination of an area designated as
overburdened is anticipated.
Incorporate the environmental burdens and public health stressors identied in
the Municipal Environmental Justice Action Plan as part of the Environmental
Resource Inventory to ensure they are considered as part of overall planning.
3. Crosswalk specic ndings and actions
outlined in the Municipal Environmental
Justice Action Plan in relevant elements of
the Comprehensive Plan.
Opportunity for Municipal Action
Examples
4. Reect a commitment to proactively
engage residents and leaders of
overburdened communities at the outset
of any studies and/or analysis related to
development, redevelopment, revitalization,
rezoning, designation of areas in need of
redevelopment, etc.
5. Expand the municipality’s Environmental
Resource Inventory (ERI) to go beyond
identication of natural resource features
to also acknowledge locations of
overburdened communities and sources of
environmental burdens and public health
stressors.
Background: Every municipality in New Jersey is required to maintain a Local Board of Health in accordance with N.J.A.C
8:52. Public health services overseen by the Local Board of Health may be provided by a municipal, county or regional health
department. Regardless of the organizational structure of how public health services are provided in New Jersey, some of the
primary services provided by local health departments include: ensuring the safety of retail food; conducting communicable
disease surveillance and control; enforcing environmental health and sanitation regulations; enforcing public health nuisance
codes; ensuring animal control services; ensuring that wells meet state and local public health codes; conducting inspections
of and following up on complaints about septic systems; effectively responding to emergencies that affect community
health; and developing and advocating for laws and regulations that improve the health of the population. Most local health
departments also offer a wide variety of other services and have the authority to adopt ordinances to protect public health.
The 1978 New Jersey County Environmental Health Act (CEHA) authorizes NJDEP to certify county health departments with
administering and enforcing certain environmental programs, including those in the areas of water, air, noise, solid waste,
emergency response, pesticides control, regulated underground storage tank inspections, coastal cooperative monitoring and
ambient surface water monitoring. All 21 counties in New Jersey receive grants from NJDEP to administer their responsibilities
under CEHA. Examples of ongoing responsibilities of county environmental health agencies that can have a direct connection
to environmental justice include:
• Addressing water-related complaints and conducting investigations to identify sources of drinking water contamination;
• Conducting inspections of solid waste landlls, transfer stations, and recycling facilities to ensure compliance with
state laws;
• Conducting site visits at gas stations, dry cleaners, and other establishments to determine compliance with state
regulations;
• Responding to citizen complaints of indoor and outdoor air quality, radon, and odors;
• Inspecting diesel trucks and buses for idling times and issue citations as appropriate;
• Responding to emergencies involving hazardous materials;
• Conducting inspections of pesticide applications in multi-family residential units;
• Ensuring compliance with air pollution regulations of woodshops, autobody and automotive garages, and facilities
with boilers and generators.
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Integrate Environmental Justice Into Municipal and County Public Health Programs
Opportunity for Municipal Action
Examples
Include representatives of the local Board of Health and the local health department on the
team developing the Municipal Environmental Justice Action Plan.
Request assistance from the local Board of Health with conducting a crosswalk
of environmental burdens and public health stressors identied in the Municipal
Environmental Justice Action Plan with current public health codes to identify
opportunities for renement of public health codes and ordinances, and establishment of
new codes, to address environmental justice concerns.
Channel the local health department to reect the ndings of the Municipal Environmental
Justice Action Plan in any community health assessment and improvement plans.
Include representatives of the county Environmental Health Program on the team
developing the Municipal Environmental Justice Action Plan.
Promote collaboration between municipal ocials and County Environmental Health
Act agencies to identify ways in which CEHA activities can be designed to address
environmental justice issues identied in the Municipal Environmental Justice Action Plan.
Educate residents as to what agency to call regarding compliance with environmental
and public health regulations.
6. Ensure the involvement of the
local Board of Health and the
local health department in the
development of the Municipal
Environmental Justice Action Plan
and its implementation.
7. Ensure full collaboration
between municipal environmental
justice efforts and activities of
county Environmental Health
agencies.
Examples of Municipal Actions to Advance Environmental Justice
Environmental Justice Action Plans: Guidance for Municipalities
Background: The New Jersey Municipal Land Use Law allows every municipality to adopt laws about land use and buildings
for activities taking place within municipal boundaries. These laws must be consistent with the Comprehensive Plan and
they control where and in what form development should happen. Every parcel of land in the municipality is located within
a designated zone and each zone district has specic regulations that govern the types of activities that can be placed
there. Examples include single-family residents, oces, industrial, multi-family and/or mixed uses, etc. All property owners
must adhere to these municipal zoning ordinances. If they cannot, they may apply for a variance from the zoning ordinance.
Enforcement of zoning requirements is the responsibility of the local or regional code ocers which can involve routine
inspections as well as response to complaints.
An overlay zone creates a zoning district that is applied over the base zoning, establishing additional or stricter standards
in addition to those of the underlying zoning district. Traditionally used by communities to protect special features such as
historic buildings, natural resources and waterfronts, overlay zoning can be used to contribute to the health, safety and welfare
of residents. Overlay zones tailor the municipality’s standards to specic properties and distributes to meet stated community
goals. Examples of requirements that have been applied to overlay zones include building setbacks, lot sizes, impervious cover
standards, vegetation requirements and density standards. They can also be used to discourage certain types of development
within the zone for which the overlay is applied.
Municipalities are authorized by the MLUL to establish what are referred to as conditional uses. A conditional use stipulates
certain conditions that must be met by a specic use in a zoning district. Conditional uses must be dened by the municipality
in its zoning ordinances and they are intended to clearly indicate the conditions by which a certain type of use may be allowed
in a zoning district. Typically, conditional uses are applied when regulating gasoline stations, houses of workshop, day cares
and schools, etc. For example, a conditional use zoning ordinance may require setback, impervious cover, road access
requirements.
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Integrate Environmental Justice into Municipal Land Use
Opportunity for Municipal Action
Examples
A municipality cannot require an applicant to meet with residents of an overburdened
community prior to ling a an application, but a municipality can encourage applicants
to do so in order to facilitate the inclusion of design elements in the application that may
address concerns of local residents.
Amend the Zoning Ordinance to create an overlay zoning district that encompasses
overburdened communities. By establishing the overlay zone, the municipality can better
manage the nature and type of zoning within the overlay.
Amend the Zoning Ordinance to disallow certain types of uses that may contribute
to environmental burdens or public health stressors in an overlay zone comprised of
overburdened communities.
Add review criteria to discretionary permits (e.g., special permits, variances) that requires
the decision-making body to consider impacts to overburdened communities.
Amend zoning ordinances to establish conditional use requirements for certain types of
uses in overburdened communities.
8. Include language in local
guidance that encourages
applicants proposing uses
that require zoning variances
in overburdened communities
to meet with residents prior to
ling their application in order to
incorporate design elements in
the application that address or
mitigate any concerns residents
may have.
9. Amend local land
use ordinances to be in
accordance with ndings and
recommendations of the Municipal
Environmental Justice Action Plan
Examples of Municipal Actions to Advance Environmental Justice
Environmental Justice Action Plans: Guidance for Municipalities
Examples of Municipal Actions to Advance Environmental Justice
Environmental Justice Action Plans: Guidance for Municipalities
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Municipal and regional code ocers can be charged with making inspections
and compliance activities a priority when they involve activities in an
overburdened community.
For development and redevelopment applications in overburdened communities
for certain types of applications that may contribute to environmental burdens
and public health stressors, require applicants to document how it may
contribute to or reduce environmental burdens and public health stressors.
For development and redevelopment applications in overburdened communities
for certain types of applications that may contribute to environmental burdens
and public health stressors, encourage outreach in overburdened communities
and/or provision of concept plans prior to formal application to local governing
bodies.
If the municipality has not amended local land-use ordinances so as to
prohibit certain uses that contribute to environmental burdens and public
health stressors in overburdened communities and the municipality receives
an application for a use that may contribute to environmental burdens and/
or public health stressors, the municipality can conduct outreach to the
overburdened community to ensure that residents and leaders are aware of the
application.
For applications in overburdened communities that are regulated under the
state Environmental Justice Law, make approvals contingent on compliance
with the law and approval by NJDEP before local approvals are in effect.
Expand role of Environmental Commission and/or Board of Health to review
applications in overburdened communities to for alignment with Environmental
Justice Action Plan.
Establish a guide for members of local boards/commissions that review
applications to be aware of environmental justice issues when reviewing
applications for certain types of uses in overburdened communities.
10. Set compliance with existing zoning
requirements as a priority for inspections
and enforcement activities.
11. Incorporate consideration of
environmental justice into the processes
by which local governing bodies review and
approve applications for development and
redevelopment.
Opportunity for Municipal Action
Examples
Background: Municipalities have diverse authorities and roles that can be impactful in improving the lives of residents. As part
of the development and implementation of the Municipal Environmental Justice Action Plan, municipalities can revisit these
diverse authorities and roles to consider how they can be applied to advance environmental justice. Several examples for
consideration are outlined below.
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Integrate Environmental Justice in Municipal Decision-making Processes
Opportunity for Municipal Action Examples
The Environmental Justice Liaison can lead the development of the Municipal
Environmental Justice Action Plan, oversee its implementation, serve as a point of contact
for residents and leaders in overburdened communities and serve as a point of contact for
coordination with other state, regional and local agencies.
Similar to requirements of other agencies and departments for an annual report, an annual
report can summarize ongoing activities in relationship to goals and recommendations
outlined in the Municipal Environmental Justice Action Plan.
The municipality should adopt a master contact list of all residents, leaders, and other
stakeholders that have expressed interest in being notied about environmental justice
efforts in the municipality.
The municipality can establish a system whereby residents, leaders and other stakeholders
can be notied about environmental justice efforts in the municipality. Ideally, the notice
system would allow for varying types of notice (email, phone calls, texts, mail) based on
individual preferences.
Municipalities should develop an approach for effective notice strategies that: are
culturally appropriate and are translated into languages of the people who live in
overburdened communities; and that rely on trusted community based organizations to
assist with identifying locations that are routinely accessed by residents of overburdened
communities where notices can be posted. Examples include houses of workship,
federally qualied health centers, schools and child care facilities, etc.
The municipality can train its staff, elected and appointed ocials about concepts
associated with environmental justice as well as the ndings and recommendations of the
Municipal Environmental Justice Action Plan with the intent of each ocial and agency
assessing its role in advancing environmental justice in the municipality.
12. Appoint a local ocial as the
municipal Environmental Justice
Liaison
13. Require an annual written
report on municipal environmental
justice activities
14. Establish a master contact list
of residents, community leaders
and other stakeholders that are
interested in environmental justice
issues in the municipality to allow
for proactive notication about
environmental justice activities.
15. Establish a voluntary
notication system that allows
residents to sign up for alerts
regarding environmental justice
efforts in the municipality
(including permit and
development applications in
overburdened communities,
public meetings, etc.)
16. Develop a system for
placement of public notices
that complements traditional
newspaper notices in ways that
effectively reach residents of
overburdened communities.
17. Train municipal staff and
elected and appointed ocials to
increase their understanding of
environmental justice and their
role in implementation of the
Municipal Environmental Justice
Action Plan
Examples of Municipal Actions to Advance Environmental Justice
Environmental Justice Action Plans: Guidance for Municipalities
Examples of Municipal Actions to Advance Environmental Justice
Environmental Justice Action Plans: Guidance for Municipalities
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The Municipal Environmental Justice Action Plan will outline recommendations
for action that may necessitate funding support. The municipality can set
these funding needs as a priority both for municipal budgeting as well as for
applications for grant funds.
Residents of overburdened communities have historically been
underrepresented in government and civic decision-making. The municipality
can undertake actions to maximize their involvement in municipal decision-
making bodies through appointments, training, involvement in committees, etc.
Conduct proactive outreach and education to residents and stakeholders in
overburdened communities to ensure that they are fully aware of any permit
applications as well as the process by which they can offer comment on the
permit application.
While municipalities are not required to participate, testify or provide written
comments as part of the regulated facility’s public hearing process under the
state Environmental Justice Law, a municipality may choose to participate in
the public hearing and provide testimony as well as offer written comments
through the governing body or another mechanism.
While the regulated facility is required to transmit the written comments and
transcript of the public hearing to the NJDEP as part of its permit application,
the municipality can choose to also review any written comments and public
hearing transcripts as part of transmitting municipal comments on a permit
application directly to NJDEP.
Adopt ordinances and development application checklists to make any
municipal approvals of applications regulated under the state Environmental
Justice Law contingent on NJDEP approval.
Provide neighboring municipalities with access to the Municipal Environmental
Justice Action Plan.
Consider including provisions in the Municipal Environmental Justice Action
Plan that stipulate that the municipality shall notify neighboring municipalities
when the application process pursuant to the New Jersey Environmental
Justice Law is triggered.
Adopt a policy to notify neighboring municipalities when considering
applications for uses that the Municipal Environmental Justice Action Plan
identies as contributing to environmental burdens and public health stressors.
18. Prioritize funding support for
implementation of recommendations
and actions outlined in the Municipal
Environmental Justice Action Plan in the
annual municipal budget as well as in
municipal applications for grant funding.
19. Increase representation of individuals
representing and/or living in overburdened
communities on municipal decision-making
bodies (e.g. governing body, Planning Board,
Board of Zoning Adjustment, Board of
Health, etc.)
20. Undertake efforts to ensure that
municipal ocials and agencies are actively
involved in implementation of the New
Jersey Environmental Justice Law
21. Adopt “good neighbor” provisions
with the intent of alerting neighboring
municipalities as to applications for
activities that may increase environmental
burdens and public health stressors.
Opportunity for Municipal Action
Examples
Background: In 2021, New Jersey passed a law (P.L. 2021, c6) amending the state Municipal Land Use Law that, requires
municipalities to incorporate a Climate Change-Related Hazard Vulnerability Assessment (CCRHVA) into its Master Plan Land
Use Element. Development of a municipal CCRHVA as part of the Municipal Master Plan Land Use Element presents a valuable
opportunity to advance elements of the municipal Environmental Justice Action Plan. A separate section of this guidance
elaborates on actions that a municipality can take to align its CCRHVA with its Municipal Environmental Justice Action Plan.
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Integrate Environmental Justice into the Municipal Climate Change Related Hazard Vulnerability Assessment
Opportunity for Municipal Action Examples
Ensure engagement of overburdened communities in development of the CCRHVA
Gather data to ensure information about overburdened communities and environmental
burdens within the Environmental Justice Action Plan are reected in the CCRHVA
Conduct a build out analysis that reects proposed changes to municipal policies and
zoning outlined in the Environmental Justice Action Plan
Ensure that the policy statement adopted as part of the CCRHVA reects policies that the
municipality commits to as part of its Environmental Justice Action Plan
Assess risks and hazards with recognition that underlying inequitable conditions may
make overburdened communities more vulnerable to climate hazards
Identify hazard mitigation options in ways that set priorities for those options that benet
overburdened communities
22. Align planning efforts related
to the development of the CCRHVA
and the Municipal Environmental
Justice Action Plan.
23. In development of the
CCRHVA, recognize that underlying
conditions in the municipality that
may contribute to environmental
injustices, may also render
certain communities and certain
populations more vulnerable to
natural hazards.
Examples of Municipal Actions to Advance Environmental Justice
Environmental Justice Action Plans: Guidance for Municipalities
