Division of Local Government Services Issues Local Finance Notice 2026-01: “Changes to Legal Notice Publication Requirements”

On June 30, 2025, Governor Murphy signed into law L.2025 c.72 (the “Law”), which updated legal notice publication requirements for local government units and boards of education (each a “Public Entity”) throughout the State of New Jersey.  In sum, the Law permits legal news publication in certain online formats after March 1, 2026.  Prior to March 1, 2026, any newspaper authorized to be utilized by a Public Entity pursuant to the Open Public Meetings Act, L.1975, c.231 (N.J.S.A. 10:4-8) is deemed eligible for legal publication regardless of whether the paper has an electronic publication option.  On and after March 1, 2026, Public Entities will be required by law to have created a direct hyperlink for current legal notices and conspicuously place such link on the homepage of its official website, which is to be available to the public free of charge.  The website will need to incorporate the “conspicuously placed” link into a mobile friendly format, also free of charge. Additionally, as of March 1, 2026, Public Entities are to create an internet archive for public notices to be maintained thereafter, and said archive must be published on the Public Entity’s website no later than July 1, 2026.  All archived legal notices must be maintained in the Public Entity’s internet archive for at least one year after having been transferred from its current legal notices webpage.  Both current and archived legal notices should be accessible either as a linked pdf or a full notice directly embedded in the webpage.

The Department of Local Government Services released Local Finance Notice 2026-01 on January 12, 2026 (the “Notice”), which can be found here. The Notice provides guidance on several areas of the Law, most notably that Public Entities are to provide a link to its archived legal notices webpage both on the Public Entity's homepage as well as at the bottom of the current legal notices webpage. Archived legal notices should also be maintained offline to enable restoration in the event of a technical malfunction or cybersecurity incident.  Moreover, the Notice suggests that Local Entities contact their webmaster and legal counsel to ensure compliance with ADA design principles set forth in the United States Department of Justices April 24, 2024 Final Rule.

No later than March 1, 2026, the New Jersey Secretary of State shall establish an internet web page listing hyperlinks to each Public Entity’s current legal notices webpage. The webpage established by the Secretary of State shall be made available to the public free-of-charge by direct hyperlink conspicuously placed on the Secretary of State’s internet homepage.  In advance of the webpage going live, each Public Entity shall submit the hyperlink for their current legal notices webpage to the Secretary of State. Public Entities are strongly encouraged to standardize the location of their current legal notices webpage (e.g. https:// entity-website.nj.gov/notices). The Public Entity must provide the Secretary of State with any subsequent hyperlink updates.

The Notice also encourages Public Entities to conduct additional outreach to ensure the public is sufficiently aware of where legal notices can be found on their websites, particularly (i) regular announcements at public meetings; (ii) periodic notifications through existing e-mail listservs, text message-based community alert systems, public television channels, social media, and newsletters; (iii) physical posting in public buildings and community centers; and (iv) distribution to local senior housing and 55+ communities for posting in their meeting rooms or clubhouses.

The Notice urges Public Entities to confer with its webmaster on methods that prove the notice appeared on the current legal notices webpage during the required period, such as screenshots with date stamps. Another potential option is for either the webmaster or the official responsible for publishing the notice (e.g. municipal clerk, secretary of an authority board of commissioners) to complete and maintain on file a certification setting forth: (i) the start and end date for the legal notice appearing on the Public Entity's legal notices webpage; and (ii) a statement that the legal notice was published on the Public Entity's website in such a manner as required pursuant to law.

If you have any questions, please contact John Cantalupo at jcantalupo@archerlaw.com or 732-268-8009, or Alexis Batten at abatten@archerlaw.com or 609-602-1223.

DISCLAIMER: This client advisory is for general information purposes only. It is a summary, not a full analysis, of the topic. It is not intended, and should not be construed, as legal advice, and may not be used or relied upon as a substitute for legal advice by a qualified attorney regarding a specific matter. It may be considered an advertisement for certain purposes.