New Jersey Statutes
N.J. Stat. § 40:55D-20 (2026)
Exclusive authority of planning board and board of adjustment
✓ current as of May 2026
Any power expressly authorized by this act to be exercised by (1) planning board or (2) board of adjustment shall not be exercised by any other body, except as otherwise provided in this act.
Notes of Decisions
Cited in 5
cases (4 in the last 5 years), 2019–2025 · leading case: Old Tennent Cemetery Ass'n Vs. Twp. of Manalapan Plan. Bd. (l-3635-16, Monmouth Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).
Old Tennent Cemetery Ass'n Vs. Twp. of Manalapan Plan. Bd. (l-3635-16, Monmouth Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “40:55D-68; N.J.S.A. 40:55D-20). Pursuant to N.J.S.A.”
Constantine Matthews Vs. Charles Ehrmann (c-000064-17, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “40:55D-20 ("[a]ny power expressly authorized by this act to be exercised by .”
Anand Dash v. Twp. of Sparta Zoning Bd. of Adjustment (N.J. Super. Ct. App. Div. 2024). “Pursuant to N.J.S.A. 40:55D-20, the Zoning Board did not have authority to substitute its judgment for that of the Planning Board.”
Red Oaks Homeowners' Ass'n, LLC v. Plan. Bd. of the Twp. of Lakewood (N.J. Super. Ct. App. Div. 2024). “2009) (noting the exclusive jurisdiction of boards of adjustment with resp ect to (d) variances). Under N.”
Foulke v. Twp. of Cherry Hill (D.N.J. 2025). “§ 40:55D-20 (“Any power expressly authorized by this act to be exercised by (1) planning board or (2) board of adjustment shall not be exercised by any other body, except as otherwise provided in this act.”
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