Federal rules for development in NJ, NY, CT and PA
The federal rules that reach development projects in New Jersey, New York, Connecticut and Pennsylvania, with status and the official citation. Subscribers see who each rule covers, what it requires, how long it takes, the penalties and every date ahead.
Air, energy and climate
Area designations under the 2024 annual fine-particle (PM2.5) standard
High impactFederalProposed
EPA is deciding which areas fail the 2024 annual PM2.5 standard of 9.0 micrograms per cubic meter. Final designations are due by February 6, 2027 under a court order. Pennsylvania recommended nonattainment for eight counties; EPA's letter to New Jersey names four South Jersey counties in the multi-state Philadelphia area. EPA told New York and Connecticut they have no affected monitors.
Clean Air Act § 107(d), 42 U.S.C. 7407(d); 91 Fed. Reg. 63516 (Oct. 6, 2026); Docket EPA-HQ-OAR-2024-0078 · US EPA · checked Oct 7, 2026
Federal tax credit deadlines for wind and solar projects
High impactFederal
Under the 2025 budget law, wind and solar projects lose the clean electricity credits unless construction began by July 4, 2026 or they are placed in service by December 31, 2027. A federal court vacated the IRS notice limiting how construction can be shown (June 6, 2026), restoring the 5% safe harbor for now.
26 U.S.C. 45Y, 48E as amended by P.L. 119-21 · US Treasury and IRS · checked Oct 6, 2026
Building operations
Asbestos notice before demolition and renovation
Medium impactFederal
Before demolishing a commercial, industrial or multifamily building, and before renovations disturbing more than set amounts of regulated asbestos, the owner or operator must inspect for asbestos and notify the delegated state agency or EPA at least 10 working days in advance.
40 CFR 61.145 · US EPA, with delegated state agencies · checked Oct 6, 2026
Lead-safe renovation of pre-1978 housing and child-occupied buildings
Low impactFederal
Renovation, repair and painting that disturbs more than 6 square feet inside or 20 square feet outside in housing or child-occupied facilities built before 1978 must be done by EPA-certified firms using lead-safe work practices, with pre-renovation notice to occupants.
40 CFR Part 745, Subpart E · US EPA · checked Oct 6, 2026
Cleanup and contamination
Oil spill prevention plans for fuel storage (SPCC)
Low impactFederal
Facilities with more than 1,320 gallons of aboveground oil storage (counting containers of 55 gallons or more), or 42,000 gallons underground, that could reach waters must prepare and follow a Spill Prevention, Control and Countermeasure plan.
40 CFR Part 112 · US EPA · checked Oct 6, 2026
PFOA and PFOS as federal hazardous substances
High impactFederal
Since July 8, 2024, PFOA and PFOS are CERCLA hazardous substances: releases of a pound or more in 24 hours must be reported, and owners can face federal cleanup liability. EPA kept the designation (September 2025) and the D.C. Circuit upheld it on August 18, 2026.
40 CFR 302.4; 89 FR 39124 · US EPA · checked Oct 6, 2026
Superfund liability and the buyer’s defence (All Appropriate Inquiries)
High impactFederal
Owners of contaminated property can be liable for federal cleanup costs. A buyer can protect itself as a bona fide prospective purchaser by completing All Appropriate Inquiries (a Phase I to ASTM E1527-21) before acquisition and meeting continuing obligations afterwards.
42 U.S.C. 9601(40), 9607(r); 40 CFR Part 312 · US EPA · checked Oct 6, 2026
Environmental review and justice
Federal endangered species review, including tree-clearing limits for bats
High impactFederal
Projects with a federal permit or funding need Fish and Wildlife Service consultation where listed species may be affected, and no project may “take” a listed species. The northern long-eared bat (endangered since March 31, 2023) limits tree clearing across all four states; the tricolored bat is proposed for listing.
16 U.S.C. 1536, 1538, 1539; 50 CFR Parts 17 and 402 · US Fish and Wildlife Service · checked Oct 6, 2026
Federal environmental review (NEPA)
High impactFederal
A federal permit, licence or funding decision triggers review under NEPA. CEQ’s regulations were removed (final January 8, 2026), so each agency now follows its own procedures, and the statute sets page limits and deadlines: one year for an environmental assessment and two years for an impact statement.
42 U.S.C. 4321 et seq.; 42 U.S.C. 4336a · Each federal agency; Council on Environmental Quality (guidance) · checked Oct 6, 2026
Historic preservation review for federal permits and funding (Section 106)
Medium impactFederal
Before a federal permit, licence or funding decision, the agency must consider effects on historic properties and consult the State Historic Preservation Office. The Advisory Council voted on July 24, 2026 to propose a major overhaul; the proposal is not yet published.
54 U.S.C. 306108; 36 CFR Part 800 · Advisory Council on Historic Preservation; State Historic Preservation Offices · checked Oct 6, 2026
Flooding and the coast
Coastal consistency review of federal permits
Medium impactFederal
In a state’s coastal zone, an applicant for a federal permit must certify that the project is consistent with the state’s coastal management program, and the state can object. NJ, NY, CT and PA (Delaware Estuary and Lake Erie) all have approved programs.
16 U.S.C. 1456(c); 15 CFR Part 930 · NOAA; state coastal programs (NJDEP, NY DOS, CT DEEP, PA DEP) · checked Oct 6, 2026
Federal flood map and floodplain building rules (NFIP)
High impactFederal
Towns in the National Flood Insurance Program must permit development in mapped flood zones and require new and substantially improved buildings to be elevated or floodproofed to the base flood elevation. A preliminary map change opens a 90-day appeal period.
42 U.S.C. 4001 et seq.; 44 CFR 59.1, 60.3; 44 CFR Part 67 · FEMA; municipal floodplain administrators · checked Oct 6, 2026
Work in navigable waters: piers, bulkheads and dredging (Section 10)
Medium impactFederal
Building structures in, over or under navigable waters, or dredging them, needs an Army Corps permit under Section 10 of the Rivers and Harbors Act, often together with a Section 404 permit.
33 U.S.C. 403; 33 CFR Part 322 · US Army Corps of Engineers · checked Oct 6, 2026
Land use and housing
FAA notice for tall structures and cranes
Medium impactFederal
Structures and construction cranes over 200 feet, or lower near airports, need notice to the FAA at least 45 days before construction starts. The FAA decides whether the structure is a hazard and may require marking and lighting.
49 U.S.C. 44718; 14 CFR Part 77 · Federal Aviation Administration · checked Oct 6, 2026
HUD environmental review and flood standard for assisted housing
Medium impactFederalChanges pending
Housing using HUD funds needs an environmental review before funds are committed, and new or substantially improved HUD-assisted buildings must meet the Federal Flood Risk Management Standard adopted in 2024. HUD proposed on July 10, 2026 to rescind that standard; comments closed September 8, 2026.
24 CFR Parts 50, 55 and 58 · US Department of Housing and Urban Development · checked Oct 6, 2026
Wetlands and water
Army Corps nationwide permits (2026 set)
Medium impactFederal
Fifty-seven general permits cover common activities with limited impacts, such as residential and commercial development, utility lines and land-based renewable energy, without an individual permit. Each district adds regional conditions. The 2026 set took effect March 15, 2026 and expires March 15, 2031.
91 FR 768 (January 8, 2026); 33 CFR Part 330 · US Army Corps of Engineers · checked Oct 6, 2026
Federal permits to fill wetlands and waters (Section 404)
High impactFederal
Placing fill or dredged material in federally regulated waters or wetlands needs an Army Corps permit: a nationwide or regional general permit for smaller impacts, or an individual permit with public notice, alternatives analysis and mitigation for larger ones.
33 U.S.C. 1344; 33 CFR Parts 320–332; 40 CFR Part 230 · US Army Corps of Engineers (New York, Philadelphia, New England, Baltimore and Pittsburgh Districts) · checked Oct 6, 2026
State water quality certification of federal permits (Section 401)
Medium impactFederalChanges pending
A federal permit that may cause a discharge to waters needs the state’s water quality certification, which can add conditions or be denied. The 2023 federal rule governs; EPA proposed on January 15, 2026 to narrow state review to point-source discharges, and the final rule has cleared White House review but is not yet published.
33 U.S.C. 1341; 40 CFR Part 121 · US EPA; NJDEP, NYSDEC, CT DEEP and PA DEP certify · checked Oct 7, 2026
Which waters and wetlands are federally regulated (WOTUS)
High impactFederalChanges pending
Federal permits under the Clean Water Act apply only to “waters of the United States.” In NJ, NY, CT and PA the agencies apply the January 2023 definition as amended after the Supreme Court’s Sackett decision. A narrower definition is proposed; comments on the latest supplement close October 9, 2026.
33 U.S.C. 1362(7); 33 CFR 328.3; 40 CFR 120.2 · US EPA and US Army Corps of Engineers · checked Oct 9, 2026