Planning a home modification like a stairlift, home elevator, or a homelift is a significant step towards ensuring long-term safety and independence in your own home. As you budget for the project, you’re likely focused on the cost of materials and installation. But have you thought about the municipal permit fees? These often-overlooked costs can add an unexpected expense to your bottom line.
What if you could legally waive those fees? A New Jersey state law, N.J.S.A. 52:27D-126e, does just that for many residents, but the rules are very specific. We’ve put together this guide to break down the law in simple terms, helping you understand if you qualify to save money on your next project.
Veterans w/ Service-Connected Disability:
A Mandatory Fee Waiver
This is the most straightforward part of the law and is fantastic news for qualifying veterans. If you meet the criteria, your local municipality must waive your construction permit and enforcing agency fees. This is a statewide mandate, not an optional program.
Who Qualifies?
A veteran who has a service-connected disability that the United States Department of Veterans Affairs has declared to be a total or 100% permanent disability. This is the same disability level that would entitle the veteran to a specific property tax exemption in New Jersey. This waiver also extends to the veteran's spouse, parent, sibling, or guardian undertaking the project on their behalf.
What Projects Are Covered?
The fee waiver applies to any construction, reconstruction, alteration, or improvement project that is designed and undertaken solely to promote accessibility for the disabled veteran to their own living unit.
Your Action Step: When you or your contractor file for the permit, you must notify your local municipal construction office that you are eligible for the fee waiver under N.J.S.A. 52:27D-126e. Be prepared to provide your official VA disability documentation to verify your status.
Construction Code Communicator: N.J.S.A. 52:27D-126e, Waiving of construction permit, enforcing agency fees for certain construction projects to benefit disabled persons: Per P.L. 2015, c.273, a municipality shall not charge a person who has a service-connected disability declared by the United States Department of Veterans Affairs, or its successor, to be a total or 100% permanent disability that would entitle them to a property tax exemption under section 1 of P.L.1948, c.259 (C.54:4-3.30) or a spouse, parent, sibling, or guardian of the disabled veteran, a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration, or improvement designed and undertaken solely to promote accessibility by the disabled veteran to his own living unit.
Other Persons w/ Disabilities:
It Depends on Your Town
This second part of the law is broader but comes with a key difference: it is optional for municipalities. Your ability to get a fee waiver depends entirely on whether your specific town has passed an ordinance to adopt this rule.
Who Qualifies?
The law defines a "person with a disability" as someone with a total and permanent inability to work. In simple terms, this can include:
- An individual who qualifies for disability benefits under the federal Social Security Act or the Railroad Retirement Act.
- A veteran with a disability rating of 60 percent or higher.
- An individual who is legally blind.
The waiver can also apply to a parent or sibling who is performing the work to make the disabled person’s own home more accessible.
Your Action Step: You need to do a little research. The best way is to call or email your municipal clerk's office or construction office directly. You should ask a specific question: "Has our town passed an ordinance to waive construction fees for accessibility projects under N.J.S.A. 52:27D-126e?" This shows you’ve done your homework and directs them to the exact law in question.
My town denied my request to waive permit fees. What can I do?
Receiving a denial can be frustrating, but don't give up. The right next step depends entirely on why the request was denied, which is tied to the two distinct parts of the state law.
First, determine which category of the law applies to your situation.
Scenario 1
You are a Veteran with a 100% Permanent Service-Connected Disability.
If you fall into this category, the waiver is mandatory across all of New Jersey. A denial from a municipal office in this case is likely due to a misunderstanding of the state law.
Here’s a step-by-step approach to resolve this:
- Confirm Your Documentation: Ensure you have a clear, official letter from the U.S. Department of Veterans Affairs stating you have a 100% permanent and total service-connected disability.
- Request a Conversation: Ask to speak directly with the Construction Official, who is the head of the department, rather than just the front desk staff.
- Politely State the Law: Clearly and respectfully explain that you are entitled to the fee waiver under New Jersey state law, specifically N.J.S.A. 52:27D-126e, subsection (b). Citing the exact statute shows you have done your research and are aware of your rights.
- Escalate if Necessary: If the local office remains unresponsive, you can contact the New Jersey Department of Community Affairs (DCA), Division of Codes and Standards. Their Code Assistance Unit can provide clarification on state-wide construction code rules and their enforcement.
Scenario 2
You Qualify Under the General Disability Category.
If you qualify under the broader category (e.g., receiving Social Security Disability, have a 60% VA rating), the waiver is optional for your town. A denial most likely means your municipality has not passed the specific local ordinance required to activate this part of the state law.
In this case, you have two potential paths forward:
Path A: Advocate for a Local Ordinance
This is a long-term strategy that involves civic action to benefit both yourself and other residents in the future.
- Step 1: Confirm the Situation. Call your Municipal Clerk’s office and ask if the town has ever passed an ordinance pursuant to N.J.S.A. 52:27D-126e(a) regarding construction fee waivers for persons with disabilities. This confirms whether the law is on the books or not.
- Step 2: Start a Dialogue. Contact your Mayor and Town Council members. Write a clear, respectful email explaining the purpose of the state law, the benefit to residents with disabilities, and ask them to consider adopting such an ordinance.
- Step 3: Speak Up. Attend a public Town Council meeting and use the public comment portion to make your case. Explain how this ordinance would help residents age in place and live more safely and independently.
- Step 4: Rally Support. Connect with local disability advocacy groups, senior community organizations, and veterans' groups. A collective voice is always more powerful than a single request.
Path B: Request a One-Time Waiver
While the ordinance is the formal process, you can also appeal to the governing body for a one-time exception for your specific project.
- Step 1: Write a Formal Request. Draft a letter to the Mayor and Council.
- Step 2: Explain Your Circumstances. Clearly describe the accessibility project, who it is for, and why it is necessary for safe living in your home.
- Step 3: Make a Direct Appeal. Acknowledge that you understand the town may not have the specific ordinance in place, but ask if they would consider granting a one-time waiver of the fees for your project in the spirit of the state law. Frame it as a request for help that allows a resident to remain a safe and active member of the community.
Knowledge is Power (and Savings!)
Making your home safer and more accessible is one of the best investments you can make in your quality of life. Knowing these New Jersey laws can make that investment more affordable by eliminating permit fees. Whether you are a veteran or a resident with a disability, understanding your rights is the first step toward a successful and cost-effective project.
Ready to start planning your modification? The experts at Mobility123 can help you design the perfect solution for your needs and guide you on how to approach your local construction office about these potential savings. Contact us today for a free consultation!
FAQ about N.J.S.A. 52:27D-126e
How can I get construction permit fees waived for a disability ramp in New Jersey?
You may be eligible under state law N.J.S.A. 52:27D-126e. The law has two parts: a mandatory waiver for veterans with a 100% service-connected disability, and an optional waiver for other persons with disabilities that your town may have adopted. The first step is to identify which category you fall into and contact your local construction office.
Does NJ law require towns to waive permit fees for all disabled veterans?
No, the mandatory waiver is specifically for veterans with a service-connected, total or 100% permanent disability as determined by the VA. Veterans with a disability rating of 60% or higher may qualify under the optional part of the law, but only if their municipality has passed an ordinance to allow it.
What is the 100% disabled veteran permit fee waiver in New Jersey?
This refers to subsection (b) of N.J.S.A. 52:27D-126e, which requires all New Jersey municipalities to waive construction permit and enforcing agency fees for any project designed solely to make a veteran's home more accessible, provided that veteran has a VA-declared 100% permanent and total service-connected disability.
My town denied my request to waive permit fees. What can I do?
First, determine why. If you are a veteran with a 100% permanent service-connected disability and have proof, the waiver is mandatory, and you should politely refer the construction office to the state law. If you fall under the broader disability category, the waiver is optional for the town. It is possible your municipality has not enacted the local ordinance required to grant the waiver.
What types of home modifications are covered by the NJ permit fee waiver law?
The law covers any "construction, reconstruction, alteration, or improvement designed and undertaken solely to promote accessibility." This can include elevators, wheelchair lift, stairlifts, widening doorways, installing grab bars, or creating an accessible bathroom. The key is that the project's only purpose is to improve accessibility.
Who qualifies as a "person with a disability" for the optional NJ permit fee waiver?
A person with a "total and permanent inability to engage in any substantial gainful activity." This includes individuals recognized as disabled by the Social Security Act or the Railroad Retirement Act of 1974, veterans with a disability rating of 60% or higher, and individuals with legal blindness.
How do I find out if my New Jersey town has adopted the optional fee waiver for disability construction?
The most effective way is to contact your municipal clerk's office or the local construction code office. Ask them directly if the town has an ordinance pursuant to N.J.S.A. 52:27D-126e(a) that provides for the waiving of construction fees for projects benefiting persons with disabilities.
Does the NJ accessibility permit waiver apply to my spouse, parent, or child?
Yes, in specific cases. For the mandatory veteran's waiver, a spouse, parent, sibling, or guardian is covered. For the optional waiver, a parent or sibling making modifications to the disabled person's living unit is covered.
Do I still need to get a construction permit in NJ if the fee is waived?
Yes, absolutely. The law provides an exemption from the fee, not from the permit itself. You must still go through the entire permitting and inspection process to ensure the work is done safely and complies with the Uniform Construction Code.
What documents do I need to prove my eligibility for the NJ veteran's fee waiver?
You will need official documentation from the U.S. Department of Veterans Affairs (VA) stating that you have a service-connected disability and that it is rated as a total or 100% permanent disability. A letter from the VA outlining your disability status is typically required.
Disclaimer: This blog post is for informational purposes only and is not a substitute for legal advice. Please consult with your local municipal office to confirm all details and requirements regarding your specific project and eligibility.
