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121 IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 756

... the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35; N.J.S.A. 13:20-7(b). In this appeal, FFHD challenges the final ... 4, that the substation was exempt from the Highlands Act. N.J.S.A. 13:20-28(a)(11) provides an exemption "from the provisions ... from the permitting requirements of the Highlands Act pursuant to N.J.S.A. 13:20-28(a)(11) and N.J.A.C. 7 ... is not merely a "routine upgrade" within the meaning of N.J.S.A. 13:20-28(a)(11) and that the project is not ... to "preserve farmland and historic sites and other historic resources[,]" N.J.S.A. 13:20-10(b)(4); and to "prohibit or limit ...

docket:	a3236-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-13
status:	unpublished
citation:	433 N.J.Super. 223 78 A.3d 574
Document Size:	40414

122 IN THE MATTER OF THE PROPOSED XANADU REDEVELOPMENT PROJECT -- rank: 756

... s review under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, of a large scale residential and ... evidence was insufficient to support the necessary findings required under N.J.S.A. 13:19-10 and -11 for the issuance, or conditional issuance ... that case, we held that The Wetlands Act of 1970, N.J.S.A. 13:9A-1 to -10, "prescribe[d] a public hearing for ... Office of Maritime Resources in the Department of Transportation (DOT)); N.J.S.A. 13:13-3.2 (DOT); N.J.S.A. 13:20-9 (Highlands Water Protection and Planning Council); N.J.S.A. 13:20-24 (Site Improvement Advisory Board and Commissioner of ...

docket:	a0688-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-17
status:	published
citation:	402 N.J.Super. 587 955 A.2d 964
Document Size:	109413

123 Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders -- rank: 754

... meant to preserve historic resources: the New Jersey Historic Trust, N.J.S.A. 13:1B-15.111 to -15.127, and the Garden State Preservation Trust Act, N.J.S.A. 13:8C-1 to -57. Neither act, however, refers to religious ... in any event, could not override a constitutional guarantee. See N.J.S.A. 13:1B-15.111 to -15.127; N.J.S.A. 13:8C-1 to -57. We therefore find that the Countyâ ...

docket:	a_71_16
court:	NJ Supreme Court
decided:	2018-04-18
status:
citation:
Document Size:	116600

124 SUSSEX COUNTY MUNICIPAL UTILITIES AUTHORITY v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 754

... including toxic effluents as indicated herein[.] "Permit" is defined by N.J.S.A. 13:1D-101 to include any permit issued by the DEP ... the following [listed] State enactments," including the WPCA. Pursuant to N.J.S.A. 13:1D-105, the DEP is required to "establish classes or ... an applicant to engage in a regulated activity." Pursuant to N.J.S.A. 13:1D-110, the DEP is to review permit applications within ... for the purposes of DEP's technical review. Pursuant to N.J.S.A. 13:1D-111 (emphasis added), the DEP is required to develop ... L.1968, c.410 (C.52:14B-1 et seq.). N.J.S.A. 13:1D-112 deals with the effect of a technical manual ... Discharge Elimination System" contains regulations authorized by various enactments including " N.J.S.A. 13:1D-1 et seq." and " N.J.S.A. ...

docket:	a4723-05
court:	njappellate
decided:	2007-06-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	98915

125 Island Venture Associates v. NJDEP -- rank: 752

... permit pursuant to the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13: 19-1 to -21 that included an administrative condition requiring ... a CAFRA permit to the applicant's compliance with conditions. N.J.S.A. 13: 19-11. Once a permit is issued, its provisions are ... successors, absent a "change in the nature of the development [.]" N.J.S.A . 13: 19-14. The statute does not contain any provision requiring ... Issued pursuant to the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, the permit identifies the location of ... scenic attributes at the site and within the surrounding region." N.J.S.A. 13:19-10g. In discharging that function, the DEP may subject ... a CAFRA permit to the applicant's compliance with conditions. N.J.S.A. 13:19-14. More particularly, the statute provides that [i] ...

docket:	a-20-03
court:
decided:	2004-05-05
status:
citation:	179 N.J. 485 846 A.2d 122
Document Size:	105580

126 ANIMAL PROTECTION LEAGUE OF NEW JERSEY v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 752

... Council exists within the DFW, a division of the NJDEP. N.J.S.A. 13:1B-24. See also U.S. Sportsmen's Alliance Found ... the protection and propagation of fish, birds, and game animals . . . ." N.J.S.A. 13:1B-28. The Council is authorized to adopt appropriate and ... their use and development for public recreation and food supply . . . ." N.J.S.A. 13:1B-30. The Council may do so only "after first ... such action on the basis of scientific investigation and research . . . ." N.J.S.A. 13:1B-30. In 2010, pursuant to the enabling legislation and ... their use and development for public recreation and food supply . . . ." N.J.S.A. 13:1B-30. The Council may do so only "after first ... such action on the basis of scientific investigation and research . . . ." N.J.S.A. 13:1B-30. Appellants question the validity of the data ...

docket:	a1603-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-01
status:	published
citation:	423 N.J. Super. 549 34 A.3d 784
Document Size:	81728

127 INTELLECT REAL ESTATE DEVELOPMENT v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF LAND USE REGULATION -- rank: 749

... of the Highlands Water Protection and Planning Act (the Act), N.J.S.A. 13:20-1 to -35. After consideration of the issues presented ... as "stringent standards governing major development" in the preservation area. N.J.S.A. 13:20-2. The Act "established a state agency, called the Highlands Water Protection and Planning Council . . . , N.J.S.A. 13:20-4, which was delegated responsibility for land use planning ... of Morris, Sussex, Passaic, Bergen, Warren, Hunterdon and Somerset Counties, N.J.S.A. 13:20-7(a)." OFP, L.L.C. v. State , 395 ... 2007), aff'd o.b. , 197 N.J. 418 (2008). N.J.S.A. 13:20-28a provides exemptions "from the provisions of th[e ... authorization issued pursuant to the "Flood Hazard Area Control Act," . . . . [ N.J.S.A. 13:20-28a(3) (emphasis added).] Intellect argued before the ...

docket:	a5818-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-19
status:	unpublished
citation:
Document Size:	40129

128 GARY WALKER v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON -- rank: 749

... District [Plan]." We disagree. The Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -48, "establishe[d] a comprehensive system for ... Twp. of Howell , 145 N.J. 590 , 597 (1996) (citing N.J.S.A. 13:1E-2b). The SWMA authorizes each county, under the supervision ... Certain Amendments , supra , 275 N.J. Super. at 379 (quoting N.J.S.A. 13:1E-2(b)(2)). In adopting the plan, a Freeholder ... a plan, which must then be submitted to the DEP. N.J.S.A. 13:1E-23. An owner seeking to operate a new solid ... ERG Container Servs. , supra , 352 N.J. Super. at 171; N.J.S.A. 13:1E-23; N.J.A.C. 7:26-6.10 ...

docket:	a2296-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-27
status:	unpublished
citation:
Document Size:	50697

129 HUDSON COUNTY IMPROVEMENT AUTHORITY v. MIELE SANITATION COMPANY INC -- rank: 749

... In 1970, the Legislature enacted the Solid Waste Management Act . . . N.J.S.A. 13:1E-1 to -207, and the Solid Waste Utility Control ... including all twenty-one counties and a "Hackensack Meadowlands" district. N.J.S.A. 13:1E-20. Each district was assigned the responsibility for developing ... its authority in imposing the penalties in this matter. Under N.J.S.A. 13:1E-9e, when the DEP Commissioner is assessing a civil ... the need for both personal and general deterrence was substantial. N.J.S.A. 13:1E-9e. Moreover, the trial judge carefully parsed through the ...

docket:	a4590-07
court:	superior court appellate division
decided:	2010-06-18
status:	unpublished
citation:
Document Size:	117267

130 /usr/local/share/www/libweb/collections/courts/appellate/a2605-19.opn.html -- rank: 749

... enacted the Highlands Water Protection and Planning Act (the Act), N.J.S.A. 13:20-1 to -35, which designated an area A-2605 ... eighty-eight municipalities in seven counties, as the Highlands Region. N.J.S.A. 13:20-2. The Act recognizes the Highlands Region as an ... adopt, and periodically revise a Regional Master Plan (Master Plan). N.J.S.A. 13:20-4, -6 and -10. The Act established two distinct ... and subject to stringent natural resource protection standards and regulations, N.J.S.A. 13:20-2; and the 'planning area,' which is an area ... other significant resources while accommodating appropriate development and economic growth, N.J.S.A. 13:20- 10(b) to (c). Municipalities and counties in the ... conform their land use and development to the Master Plan. N.J.S.A. 13:20- - 14. Municipalities and counties in the planning area ...

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Document Size:	24190

131 A&S RUSSO REAL ESTATE, LLC v. RODMAN W. CHRYSLER -- rank: 749

... with the requirements of the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -14, prior to the sale of its ... contract (count one), fraud (count two), strict liability pursuant to N.J.S.A. 13:1K-13 (count three) and negligence (count seven). The complaint ... negligence and liability under the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -14. Plaintiff has not argued for the ...

docket:	a1743-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-21
status:	unpublished
citation:
Document Size:	46139

132 BOROUGH OF AVALON v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 747

... s argument that the Coastal Areas Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, provides authority for the DEP to ... the DEP before certain types of development may be undertaken. N.J.S.A. 13:19-5. However, even though CAFRA delegates authority to the ... of money from the Shore Protection Fund is governed by N.J.S.A. 13:19-16.1 and -16.2. N.J.S.A. 13:19-16.1 provides in relevant part: a. There is ... with the priority list approved by the Legislature pursuant to [ N.J.S.A. 13:19-16.2] for shore protection projects associated with the ... nonfederal share of any State-federal project. The requirements of [ N.J.S.A. 13:19-16.2] notwithstanding, the Commissioner of [the DEP] ...

docket:	a3410-07
court:	njappellate
decided:	2008-11-19
status:	published
citation:	403 N.J. Super. 590
Document Size:	79924

133 MOUNT LAUREL TOWNSHIP v. MIPRO HOMES, L.L.C. -- rank: 747

... Acres Land Acquisition Act of 1961, L. 1961, c. 45; N.J.S.A. 13:8A-1 to -18, the New Jersey Green Acres Land Acquisition Act of 1971, L. 1971, c. 419; N.J.S.A. 13:8A-19 to -34, and the New Jersey Green Acres ... Land Acquisition and Recreation Opportunities Act, L. 1975, c. 155; N.J.S.A. 13:8A-35 to -55. These statutes declare that it is ... land for "public recreation and the conservation of natural resources," N.J.S.A. 13:8A-36, and authorize the State to make loans or grants to municipalities to acquire property for these purposes, N.J.S.A. 13:8A-38. These statutes also provide that the power of ... amendment, the Legislature enacted the Garden State Preservation Trust Act, N.J.S.A. 13:8C-1 to -42. This legislation contains legislative declarations ...

docket:	a6766-02
court:	njappellate
decided:	2005-08-02
status:	published
citation:	379 N.J. Super. 358
Document Size:	74497

134 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

135 NEW JERSEY OUTDOOR ALLIANCE v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 747

... of the supply thereof in the waters to the State.' N.J.S.A. 13:1B-28. Pursuant to that delegated authority, the Council has ... members, appointed by the Governor with Senate advice and consent. N.J.S.A. 13:1B-24. The applicable statute prescribes that three members of ... of black bears pursuant to the Commissioner’s authority at N.J.S.A. 13:1B-5 et seq., as clarified and confirmed in Safari ... lands controlled by the State of New Jersey; and WHEREAS, N.J.S.A. 13:1B-5 authorizes me to exercise the State's propriety ... McCabe, Commissioner, pursuant to the authority vested in me under N.J.S.A. 13:1B-5, hereby ORDER and DIRECT that all lands owned ... to hunting rules and regulations. Id. at 520. In particular, N.J.S.A. 13:1B-5(a) declares 'the [DEP] [C]ommissioner shall ...

docket:	a0525-18
court:	NJ Superior Court Appellate Division
decided:	2018-11-16
status:	Unpublished
citation:
Document Size:	74511