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1 /usr/local/share/www/libweb/collections/courts/appellate/a0065-13a3947-13.opn.html -- rank: 1000
... cases require us once again to discuss the interplay between N.J.S.A. 13:1B-13.1 to -13.6 (Title 13), and the ... certify those lands which it finds are State owned lands.' N.J.S.A. 13:1B-13.2 (emphasis added). The Legislature gave explicit direction ... Council 'shall take into account' specific categories of source material, N.J.S.A. 13:1B-13.3,6 and establishing specific requirements for the ... those lands designated by the council as State-owned lands.' N.J.S.A. 13:1B-13.4. The statute was also explicit as to ... the Resource Development Council were, first, the Natural Resource Council, N.J.S.A. 13:1D-3, and then the TRC, N.J.S.A. 13:1D-18.2. When we use 'Council,' we refer ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 80051
2 ASDAL BUILDERS v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 959
... based on the New Jersey Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30. The NOV cited the disturbance of ... within the wetlands transition area, was an exempt activity. See N.J.S.A. 13:9B - 4 (2004) . The enabling statute in effect in 2004 ... any adverse effect on the aquatic environment will be minimized[.] [ N.J.S.A. 13:9B-4 (2004).] Construing this grant of authority, NJDEP enacted ... person" is defined without reference to a responsible corporate officer, N.J.S.A. 13:9B-3, and no separate provision imposes liability for a ... 58:16A-63 (2004) (allowing penalties for violations of FHACA); N.J.S.A. 13:9B-21 (2004) (allowing penalties for violations of FWPA). Also ... continued wetlands disturbances resulting from current activities may be sustained. N.J.S.A. 13:9B-21. This archive is a service of Rutgers ...
docket: a2392-10
court: NJ Superior Court Appellate Division
decided: 2012-06-25
status: published
citation: 426 N.J. Super. 564 46 A.3d 575
Document Size: 130052
3 New Jersey Department of Environmental Protection v. Robert Huber -- rank: 941
... permit-restricted residential property under the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30 (FWPA or the Act), without a ... disturbing the water level, adding fill, or destroying plant life. N.J.S.A. 13:9B-3. Without a FWPA permit, regulated activity affecting wetlands is strictly prohibited. N.J.S.A. 13:9B-17. Violations of the Act, its regulations, or a ... Act may lead to civil penalties, costs, and injunctive relief. N.J.S.A. 13:9B-21(a) to (e). The DEP became involved with ... civil action to obtain a court order directing the entry. N.J.S.A. 13:9B-21. The Commissioner may also assess a separate violation ... compel access to the property subject to the FWPA permit. N.J.S.A. 13:9B-21(b) & (c). (pp. 42-48) 4. The ...
docket: A-116-10
court: NJ Supreme Court
decided: 2013-04-04
status:
citation:
Document Size: 144110
4 IN THE MATTER OF PERMIT NUMBER 0807-21-0002.1 -- rank: 937
... to regulation by DEP under the Coastal Wetlands Act (CWA), N.J.S.A. 13:9A-1 to -10, the Waterfront Development Act, N.J ... 5-1 to -11, the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, and the Flood Hazard Area Control ... the Legislature enacted the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, 'to protect the unique and fragile ... 354 N.J. Super. 293, 310 (App. Div. 2002) (citing N.J.S.A. 13:19-5, -5.2, and - 5.3). The Legislature also ... power to promulgate regulations 'to effectuate the purposes of' CAFRA. N.J.S.A. 13:19-17(a). CWA was enacted in 1970 to 'preserve ... the dredging, filling, removing or otherwise altering or polluting thereof.' N.J.S.A. 13:9A- -1. This statute covers 'any bank, marsh, swamp, ...
docket: a1897-21
court: NJ Superior Court Appellate Division
decided: 2023-11-21
status: Unpublished
citation:
Document Size: 102561
5 IN RE NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL APPROVAL OF THE PETITION FOR PLAN CONFORMANCE FOR THE TOWN OF CLINTON HUNTERDON COUNTY -- rank: 935
... the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35. Accordingly, consolidation of the appeals is ... to the Highlands Water Protection and Planning Council (the Council), N.J.S.A. 13:20-4." In re Highlands Master Plan , 421 N.J ... in eighty-eight municipalities" and seven counties. Ibid. ; see also N.J.S.A. 13:20-2, -7. The Highlands Act was adopted to address ... system that left development to property owners and local planners. N.J.S.A. 13:20-2. The Council's primary responsibilities include development of ... plans and land use regulations as conforming with the RMP. N.J.S.A. 13:20-8 to -12 (RMP development); N.J.S.A. 13:20-14 to -15 (conformance process). The RMP uses ...
docket: a3224-10
court: NJ Superior Court Appellate Division
decided: 2013-01-25
status: unpublished
citation:
Document Size: 61905
6 IN RE NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL APPROVAL OF THE PETITION FOR PLAN CONFORMANCE FOR THE TOWN OF CLINTON HUNTERDON COUNTY -- rank: 935
... the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35. Accordingly, consolidation of the appeals is ... to the Highlands Water Protection and Planning Council (the Council), N.J.S.A. 13:20-4." In re Highlands Master Plan , 421 N.J ... in eighty-eight municipalities" and seven counties. Ibid. ; see also N.J.S.A. 13:20-2, -7. The Highlands Act was adopted to address ... system that left development to property owners and local planners. N.J.S.A. 13:20-2. The Council's primary responsibilities include development of ... plans and land use regulations as conforming with the RMP. N.J.S.A. 13:20-8 to -12 (RMP development); N.J.S.A. 13:20-14 to -15 (conformance process). The RMP uses ...
docket: a3223-10
court: NJ Superior Court Appellate Division
decided: 2013-01-25
status: unpublished
citation:
Document Size: 61905
7 IN THE MATTER PROTEST OF COASTAL PERMIT PROGRAM RULES -- rank: 926
... Plan, DEP, and Designated Boundaries .21 II.    Discussion ...............................................30     A.     N.J.S.A. 13:19-1 to -21.     Appellants challenge a new permit program ... J.A.C. 7:7-1.4(b) CONFLICTS WITH N.J.S.A. 13:19-10 BECAUSE IT ALLOWS DEP TO AVOID MAKING THE ... obviate the necessity of DEP making the findings required by N.J.S.A. 13:19-10 before issuing a permit. DEP is ordered to ... aesthetic and recreational interests of all people of the State." N.J.S.A. 13:19-2 (West Supp. 2002).     The jurisdictional expansion was also ... that meets the initial construction and development thresholds articulated in N.J.S.A. 13:19-4 as generally extending along the State's coast ... enacting and amending CAFRA, the Legislature declared in part in N.J.S.A. 13:19-2         that the coastal area and the State ...
docket: A3852-99
court: NJ Superior Court Appellate Division
decided: 2002-05-31
status: published
citation:
Document Size: 168615
8 IN THE MATTER PROTEST OF COASTAL PERMIT PROGRAM RULES -- rank: 926
... Plan, DEP, and Designated Boundaries .21 II.    Discussion ...............................................30     A.     N.J.S.A. 13:19-1 to -21.     Appellants challenge a new permit program ... J.A.C. 7:7-1.4(b) CONFLICTS WITH N.J.S.A. 13:19-10 BECAUSE IT ALLOWS DEP TO AVOID MAKING THE ... obviate the necessity of DEP making the findings required by N.J.S.A. 13:19-10 before issuing a permit. DEP is ordered to ... aesthetic and recreational interests of all people of the State." N.J.S.A. 13:19-2 (West Supp. 2002).     The jurisdictional expansion was also ... that meets the initial construction and development thresholds articulated in N.J.S.A. 13:19-4 as generally extending along the State's coast ... enacting and amending CAFRA, the Legislature declared in part in N.J.S.A. 13:19-2         that the coastal area and the State ...
docket: A3853-99
court: NJ Superior Court Appellate Division
decided: 2002-05-31
status: published
citation:
Document Size: 168615
9 PHOENIX PINELANDS CORPORATION v. HARRY DAVIDOFF -- rank: 924
... h)(1)(A). New Jersey enacted the Pinelands Protection Act, N.J.S.A. 13:18A-1 to -58, the following year, creating the Pinelands ... law and assume primary responsibility for planning in the Pinelands, N.J.S.A. 13:18A-4. In that Act, the Legislature singled out 'a ... in a severe adverse impact upon the entire pinelands area.' N.J.S.A. 13:18A-2. It established this 'Preservation Area' within the Pinelands ... significant ecological and other resources representative of the pinelands area.' N.J.S.A. 13:18A-9(c)(1); see also Uncle v. N.J ... State should concentrate 'public acquisition of land or interests therein.' N.J.S.A. 13:18A-2. In its 1980 Comprehensive Management Plan, the Pinelands ... acts as the acquisition agency. Id. at 214; see also N.J.S.A. 13:18A-4. Acting on the Commission's recommendation, the ...
docket: a2823-16
court: NJ Superior Court Appellate Division
decided: 2021-04-29
status: Published
citation:
Document Size: 302360
10 ALLSTATE NEW JERSEY INSURANCE COMPANY v. GREGORIO LAJARA -- rank: 924
... the patient's file to determine necessity, in violation of [ N.J.S.A. 13:35- - 2.6](m)(3) and (6).' The court also ...
docket: a1151-16
court: NJ Superior Court Appellate Division
decided: 2019-03-08
status: Unpublished
citation:
Document Size: 64912
11 IMO Freshwater Wetlands Protection Act Rules -- rank: 922
... Environmental Protection (DEP) under the Freshwater Wetlands Protection Act (Act), N.J.S.A. 13:9B-1 to -30. In 1987, the Legislature passed the ... the isolated wetlands general permit required by DEP pursuant to N.J.S.A. 13:9B-23b. A prior rule, N.J.A.C. 7 ... Act and the CWA, GP 6 was issued pursuant to N.J.S.A. 13: 9B-23b, which does not mandate an adverse environmental impact analysis. We find no justification to read into N.J.S.A. 13: 9B-23b the adverse environmental impact requirement of N.J.S.A. 13: 9B-23c. If the Legislature intended to make general permits under both N.J.S.A. 13: 9B-23b and N.J.S.A. 13: 9B- ...
docket: a-91-03
court:
decided: 2004-07-26
status:
citation:
Document Size: 101597
12 IN THE MATTER PROTEST OF COASTAL PERMIT PROGRAM RULES -- rank: 920
... Plan, DEP, and Designated Boundaries .21 II.    Discussion ...............................................30     A.     N.J.S.A. 13:19-1 to -21.     Appellants challenge a new permit program ... J.A.C. 7:7-1.4(b) CONFLICTS WITH N.J.S.A. 13:19-10 BECAUSE IT ALLOWS DEP TO AVOID MAKING THE ... obviate the necessity of DEP making the findings required by N.J.S.A. 13:19-10 before issuing a permit. DEP is ordered to ... aesthetic and recreational interests of all people of the State." N.J.S.A. 13:19-2 (West Supp. 2002).     The jurisdictional expansion was also ... that meets the initial construction and development thresholds articulated in N.J.S.A. 13:19-4 as generally extending along the State's coast ... enacting and amending CAFRA, the Legislature declared in part in N.J.S.A. 13:19-2         that the coastal area and the State ...
docket: a3498-99
court: njappellate
decided: 2002-05-31
status: published
citation: 354 N.J. Super. 293
Document Size: 162888
13 IN THE MATTER PROTEST OF COASTAL PERMIT PROGRAM RULES -- rank: 920
... Plan, DEP, and Designated Boundaries .21 II.    Discussion ...............................................30     A.     N.J.S.A. 13:19-1 to -21.     Appellants challenge a new permit program ... J.A.C. 7:7-1.4(b) CONFLICTS WITH N.J.S.A. 13:19-10 BECAUSE IT ALLOWS DEP TO AVOID MAKING THE ... obviate the necessity of DEP making the findings required by N.J.S.A. 13:19-10 before issuing a permit. DEP is ordered to ... aesthetic and recreational interests of all people of the State." N.J.S.A. 13:19-2 (West Supp. 2002).     The jurisdictional expansion was also ... that meets the initial construction and development thresholds articulated in N.J.S.A. 13:19-4 as generally extending along the State's coast ... enacting and amending CAFRA, the Legislature declared in part in N.J.S.A. 13:19-2         that the coastal area and the State ...
docket: a4250-00
court: njappellate
decided: 2002-05-31
status: published
citation: *CITE_PENDING*
Document Size: 162858
14 IN THE MATTER PROTEST OF COASTAL PERMIT PROGRAM RULES -- rank: 920
... Plan, DEP, and Designated Boundaries .21 II.    Discussion ...............................................30     A.     N.J.S.A. 13:19-1 to -21.     Appellants challenge a new permit program ... J.A.C. 7:7-1.4(b) CONFLICTS WITH N.J.S.A. 13:19-10 BECAUSE IT ALLOWS DEP TO AVOID MAKING THE ... obviate the necessity of DEP making the findings required by N.J.S.A. 13:19-10 before issuing a permit. DEP is ordered to ... aesthetic and recreational interests of all people of the State." N.J.S.A. 13:19-2 (West Supp. 2002).     The jurisdictional expansion was also ... that meets the initial construction and development thresholds articulated in N.J.S.A. 13:19-4 as generally extending along the State's coast ... enacting and amending CAFRA, the Legislature declared in part in N.J.S.A. 13:19-2         that the coastal area and the State ...
docket: a3606-99
court: njappellate
decided: 2002-05-31
status: published
citation: *CITE_PENDING*
Document Size: 162858
15 STRATEGIC ENVIRONMENTAL v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 918
... as we explain, infra, the Department exceeded its authority under N.J.S.A. 13:1E-125.4 by seizing control of SEP's property ... make the requisite showing to justify an emergency order under N.J.S.A. 13:1E-125.9. 2 A-5283-12T3 On remand, the ... with the requirements of the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -99.47, and included certain conditions and ... the closure of over six hundred legacy landfills, codified at N.J.S.A. 13:1E-125.1 to -125.9 (the Legacy Landfill Law ... the standard for hydrogen sulfide emissions from a legacy landfill. N.J.S.A. 13:1E-125.4(a). Upon the Department verifying complaints about ... require the owner or operator to take certain corrective action. N.J.S.A. 13:1E-125.4(b)(1)-(4). If the Department ...
docket: a5283-12
court: NJ Superior Court Appellate Division
decided: 2014-11-13
status: published
citation: 438 N.J.Super. 125 102 A.3d 939
Document Size: 59734
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