While everyone breathes a sigh of relief as COVID-19 transmission rates are down and vaccination rates are up, land use attorneys are busy trying to acquaint themselves and their clients with the “new” normal. The first step in that process is unwinding the layers of executive orders, rules, and statutes adopted during the last 16 months in response to the COVID-19 pandemic.

The touchstone for this unwinding is P.L. 2021, c.104 (“the Legislation”). The Legislation, signed into law by Governor Murphy on June 4, 2021, was intended to, 30 days after enactment, end the COVID-19 “public health emergency” invoked by the governor under the Health Powers Act. The Legislation also maintains certain executive orders (EOs) put into effect during the pandemic which would otherwise have expired. 

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