Search Rutgers Law Library N.J. Court Opinions

1 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 1000

... area requirements, including "[n]ormal farming, silviculture, and ranching activities." N.J.S.A. 13:9B-4(a). However, the regulations establish that such activities are only ... areas that were actually farmed, not to an entire property. N.J.S.A. 13:9B-4(e); N.J.A.C. 7:7A-2.8(b ...

docket:	a3259-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-20
status:	unpublished
citation:
Document Size:	83333

2 IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERFRONT DEVELOPMENT PERMIT, FLOOD HAZARD AREA INDIVIDUAL PERMIT AND FLOOD HAZARD AREA VERIFICATION, 1500-16-0004.1 WFD16001, 1508-18-0002.1 FHA18001, and 1508-18-0002.1 FHA180002 IN TH -- rank: 987

... renewal thereof shall be made to the appropriate regulatory agency. [N.J.S.A. 13:9B-4(d)(3).] Based on that statute, the reporting requirements cited ... blueberry fields, and ongoing farming, ranching, or silviculture operations. In N.J.S.A. 13:9B-4(a), the Legislature exempts those A-5525-17 53 activities ... wetlands permit. For the purposes of explaining that particular exemption, N.J.S.A. 13:9B-4(f) injects concepts of abandonment: For the purposes of the ... factor as to whether the agricultural use has been abandoned. [ N.J.S.A. 13:9B-4(f) (emphasis added).] These exemptions relating to the abandonment of ...

docket:	a5525-17
court:	NJ Superior Court Appellate Division
decided:	2021-11-24
status:	Unpublished
citation:
Document Size:	117435

3 ASDAL BUILDERS v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 981

... 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 provided: The ... 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 regulations stating ...

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

4 IN RE: EXEMPTION FROM TRANSITION AREA REQUIREMENTS FOR FRESHWATER WETLANDS PROTECTION ACT FOR JF BUILDERS -- rank: 916

... part, the regulations define the transition area exemption the way N.J.S.A. 13:9B-4 does, as applying to "[ a ] project for which a preliminary ... would be inconsistent with the plain language of the FWPA, N.J.S.A. 13:9B-4, which contains no such requirement. See Morich v. New Jersey ... complying with the Act's permit and transition area requirements. N.J.S.A. 13:9B-4. The Legislature provided a mechanism for reconciling the conflict between ... In Morich , we explicitly held that the statutory exemption in N.J.S.A. 13:9B-4 extends to minor subdivision approvals, and cannot be limited to ...

docket:	a0342-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-28
status:	unpublished
citation:
Document Size:	30164

5 RAJESHWAR SINGH YADAV v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND USE REGULATION -- rank: 907

... claim they are exempt from the FWPA's requirements under N.J.S.A. 13:9B-4(d). In pertinent part, the statute provides an exemption 'from ... A-4035-15T2 been submitted prior to June 8, 1987.' N.J.S.A. 13:9B-4(d). The exemption, however, does not apply where 'the United ... Act[9] require a permit for any of these activities.' N.J.S.A. 13:9B-4. In that case, the DEP 'shall require a permit for ... Protection, 278 N.J. Super. 108, 111 (App. Div. 1994), N.J.S.A. 13:9B-4 exempts projects that were approved prior to the FWPA's ... the federal program,' id. at 111. As a result, the N.J.S.A. 13:9B- 4(d) exemption upon which petitioners rely does not apply to ... A-4035-15T2 freshwater wetlands on their property. Ibid. The N.J.S.A. 13:9B- 4(d) exemption, however, continues to apply to the State' ...

docket:	a4035-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-15
status:	unpublished
citation:
Document Size:	42596

6 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. LEO H. WAGNER et al. -- rank: 558

... federal program; . . . The court reiterated, citing from the language of N.J.S.A. 13:9B-4 itself, that the FWPA eliminates the statutory exemptions if EPA ...

docket:	a5205-05
court:	njappellate
decided:	2007-08-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	34081

7 SAM HAUBRICH - v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF LAND USE REGULATION -Respondent -- rank: 493

... t is entirely correct for the DEP, operating pursuant to N.J.S.A. 13:9B-4 and N.J.A.C. 7:7A-2.2-8 ...

docket:	a4000-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-07
status:	unpublished
citation:
Document Size:	19248