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136 ZRB, LLC - v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND USE REGULATION -- rank: 747
... authority under the Freshwater Wetlands Protection Act (the Wetlands Act), N.J.S.A. 13:9B-1 to -30, and the New Jersey Endangered and ... R esource V alue , W etlands P rotection A ct , ( N.J.S.A. 13:9B-1 et seq .) B ased on D ocumentation of ... three classifications of wetlands: exceptional, intermediate, and ordinary resource value. N.J.S.A. 13:9B-7. The DEP is required to develop a system ... issued if the wetlands are classified as exceptional resource value. N.J.S.A. 13:9B-23b. The Wetlands Act defines freshwater wetlands of exceptional ... during the normal period these species would use the habitat." N.J.S.A. 13:9B-7d. The barred owl is not listed as threatened ... which is specifically incorporated by reference into the Wetlands Act. N.J.S.A. 13:9B-7d. The regulations are valid because they are ...
docket: a6046-06
court: njappellate
decided: 2008-11-17
status: published
citation: 403 N.J. Super. 531
Document Size: 81459
137 IN THE MATTER OF THE NEW JERSEY PINELANDS COMMISSION'S APPROVAL OF NEW JERSEY NATURAL GAS'S APPLICATION (NO. 2014-0045.001 FOR THE INSTALLATION AND OPERATION OF THE SOUTHERN RELIABILITY LINK PROJECT COMMISSION RESOLUTION PC4-17-10 -- rank: 745
... the environmental protections in the Pinelands Protection Act (Pinelands Act), N.J.S.A. 13:18A-1 to -29, and the CMP. II. A-0925 ... in matters in which the member has a financial interest. N.J.S.A. 13:18A-17(a). The Act states that '[n]o member ... 372 (App. Div. 2003)). The Pinelands Act established the Commission, N.J.S.A. 13:18A-4(a), and directed the Commission 'to prepare and ... plan [(CMP)]' for the different portions of the Pinelands Area. N.J.S.A. 13:18A-8. Among other things, the Act provides that the ... the purposes and provisions of the [state and federal legislation].' N.J.S.A. 13:18A-8(i). Accordingly, the Commission adopted the CMP Rules ... divided the Pinelands Area into the Preservation and Protection Areas. N.J.S.A. 13:18A-2; -3(j) and (k); -9, and -11( ...
docket: a0925-17
court: NJ Superior Court Appellate Division
decided: 2021-04-29
status: Unpublished
citation:
Document Size: 63717
138 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. MARCAL PAPER MILLS, et al. -- rank: 745
... subject to regulation under the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -47, that the two appellants "were jointly ... a destination not authorized by the Department in violation of N.J.S.A. 13:1E-3, and therefore whether N.J.A.C. 7 ... accordance with [DEP] approvals and regulations," with specific references to N.J.S.A. 13:1E-2. The ALJ explained that these "policies do not ... including but not limited to, the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., the Water Pollution Control Act, N ... conditions in the BUD, as accepted by Marcal, Marcal violated N.J.S.A. 13:1E-3 and cannot be regulated as such. Marcal further ... Top Soil had taken no corrective action for its violations. N.J.S.A. 13:1E-3 provides: "Solid waste" means garbage, refuse, and ...
docket: A3964-06
court: NJ Superior Court Appellate Division
decided: 2008-01-23
status: unpublished
citation:
Document Size: 95239
139 IN THE MATTER OF FRESHWATER WETLANDS PROTECTION ACT RULES, STATEWIDE GENERAL PERMIT, CRANBERRY EXPANSION, PROMULGATED BY NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 745
... the Pinelands.     The Pinelands are classified as Freshwater Wetlands under N.J.S.A. 13:9B-3 and Federal Wetlands under the Clean Water Act ... character of a freshwater wetland, including the cutting of trees[.] N.J.S.A. 13:9B-3.     The federal regulations require permits for "the construction ... effect of the wetland activity de minimus .     In New Jersey, N.J.S.A. 13:9B-23 allows the DEP to issue general permits, and ... anticipated the State's assumption of the Federal permitting program. N.J.S.A. 13:9B-6. The CWA provides that states that have assumed ... u); 32 N.J.R. 1253 (a). Footnote: 10      10 N.J.S.A. 13:9B-6 became effective on July 1, 1988. The State ...
docket: A1432-99
court: NJ Superior Court Appellate Division
decided: 2002-05-17
status: published
citation: 351 N.J. Super. 362 798 A.2d 634
Document Size: 54630
140 D&M ASBURY REALTY, LLC, et al. v. CITY OF ASBURY PARK -- rank: 743
... satisfy applicable requirements under the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -33, and the Residential Site Improvement Standards ...
docket: A3022-03
court: NJ Superior Court Appellate Division
decided: 2006-01-24
status: unpublished
citation:
Document Size: 175545
141 FRIENDSHIP, INC v. TOWNSHIP OF NEW HANOVER -- rank: 743
... 402 N.J. Super. 587 , 596 (App. Div. 2008) (citing N.J.S.A. 13:1D-9). "Among numerous other powers, the NJDEP has the ... waste and refuse disposal laws, rules and regulations.'" Ibid. (quoting N.J.S.A. 13:1D-9(n)). "A strong presumption of reasonableness accompanies an ...
docket: a0591-10
court: NJ Superior Court Appellate Division
decided: 2012-03-07
status: unpublished
citation:
Document Size: 113284
142 IN RE HIGHLANDS MASTER PLAN OF UNDERSTANDING BETWEEN THE HIGHLANDS COUNCIL AND THE COUNCIL ON AFFORDABLE HOUSING -- rank: 743
... the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35, the Legislature delegated responsibility for land ... eight municipalities in the northeast corner of the State, see N.J.S.A. 13:20-7(a), to the Highlands Water Protection and Planning Council (Council), N.J.S.A. 13:20-4. One of the Council's primary responsibilities is ... plan (RMP) to govern development in the Highlands Region. See N.J.S.A. 13:20-8 to -12. The Highlands Act requires COAH to ... affordable] housing need in any municipality in the Highlands Region." N.J.S.A. 13:20-23(a). Thus, COAH retains responsibility, notwithstanding enactment of ... action was taken, the RMP became effective, as provided by N.J.S.A. 13:20-5(j). Following COAH's adoption of the ...
docket: a1026-08
court: NJ Superior Court Appellate Division
decided: 2011-08-15
status: published
citation: 421 N.J. Super. 614 25 A.3d 1172
Document Size: 49105
143 1FRIENDSHIP, INC v. TOWNSHIP OF NEW HANOVER -- rank: 743
... 402 N.J. Super. 587 , 596 (App. Div. 2008) (citing N.J.S.A. 13:1D-9). "Among numerous other powers, the NJDEP has the ... waste and refuse disposal laws, rules and regulations.'" Ibid. (quoting N.J.S.A. 13:1D-9(n)). "A strong presumption of reasonableness accompanies an ...
docket: a0592-10
court: NJ Superior Court Appellate Division
decided: 2012-03-07
status: unpublished
citation:
Document Size: 113285
144 D&M ASBURY REALTY, LLC, et al. v. CITY OF ASBURY PARK -- rank: 743
... satisfy applicable requirements under the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -33, and the Residential Site Improvement Standards ...
docket: A3240-03
court: NJ Superior Court Appellate Division
decided: 2006-01-24
status: unpublished
citation:
Document Size: 175546
145 D&M ASBURY REALTY, LLC, et al. v. CITY OF ASBURY PARK -- rank: 743
... satisfy applicable requirements under the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -33, and the Residential Site Improvement Standards ...
docket: A3239-03
court: NJ Superior Court Appellate Division
decided: 2006-01-24
status: unpublished
citation:
Document Size: 175546
146 /usr/local/share/www/libweb/collections/courts/trial/trial_court_squibs.opn.html -- rank: 741
... do not have jurisdiction to hear charges of violations of N.J.S.A. 13:9-19. Hearings on such charges must be conducted by ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 76360
147 U.S. SPORTSMEN'S ALLIANCE FOUNDATION, et al. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al. -- rank: 741
... education, enforcement of the statutory ban on feeding bears, see N.J.S.A. 13:1B-24. Three members must be farmers recommended by the ... established under The Endangered and Nongame Species Conservation Act, see N.J.S.A. 13:1B-24.     The Council's primary responsibility is to determine ... 448 of the Laws of 1948, which is codified as N.J.S.A. 13:1B-29 to -41. The Council's exercise of its ... does not even refer to the Commissioner. See footnote 2 N.J.S.A. 13:1B-30 provides in pertinent part: For the purpose of ... established shall be called the State Fish and Game Code. N.J.S.A. 13:1B-33 requires the Council to conduct a public hearing before adopting such regulations, and N.J.S.A. 13:1B-34 provides in pertinent part:     If after such ...
docket: A0744-04
court: NJ Superior Court Appellate Division
decided: 2004-11-16
status: published
citation: 372 N.J. Super. 598 860 A.2d 463
Document Size: 30515
148 HPT TA Properties Trust v. Bloomsbury Borough -- rank: 741
... 3 The Highlands Water Protection and Planning Act (“Act”), N.J.S.A. 13:20-1 to -35, is a 2004 law aimed at ...
docket: 004400-17
court: NJ Tax Court
decided: 2018-09-28
status: Unpublished
citation:
Document Size: 68079
149 IN THE MATTER OF AMENDMENT TO RECREATION AND OPEN SPACE INVENTORY CITY OF PLAINFIELD TO REMOVE PARK-MADISON SITE, BLOCK 246, LOT 1 -- rank: 739
... plan for Park-Madison. Around the same time, pursuant to N.J.S.A. 13:8A-35 to -55, Plainfield received $425,000 in Green ... New Jersey Green Acres Land Acquisition and Recreation Opportunities Act, N.J.S.A. 13:8A-35 to -55, (Act):         A local unit which receives ... unit at least 1 month prior to any such approvals.         [ N.J.S.A. 13:8A-47(b).]     This statute was construed by the Supreme ... so used for many years, a statutory restriction existed under N.J.S.A. 13:8A-47b forbidding its sale without prior State approval, even ... welfare in light of the needs of an expanding population. N.J.S.A. 13:8A-36. Thus, the Act provides that lands held for ... under limited circumstances and upon definite conditions. In that sense, N.J.S.A. 13:8A-47b, Section 21.1 and Cedar Cove taken ...
docket: A2979-01
court: NJ Superior Court Appellate Division
decided: 2002-07-18
status: published
citation: 353 N.J. Super. 310 802 A.2d 581
Document Size: 61026
150 IN THE MATTER OF LACEY TOWNSHIP CAFRA PERMIT -- rank: 739
... Protection (DEP) to issue a Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -21, (CAFRA) permit to the Township of ...
docket: a3173-16
court: NJ Superior Court Appellate Division
decided: 2019-04-26
status: Unpublished
citation:
Document Size: 34446
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