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New Jersey Statutes, Title: 13, CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

    Chapter 9b:

      Section: 13:9b-11: Determination of public interest

           In determining whether a proposed regulated activity in any freshwater wetland is in the public interest, the department shall consider the following:

a. the public interest in preservation of natural resources and the interest of the property owners in reasonable economic development;

b. the relative extent of the public and private need for the proposed regulated activity;

c. where there are unresolved conflicts as to resource use, the practicability of using reasonable alternative locations and methods, including mitigation, to accomplish the purpose of the proposed regulated activity;

d. the extent and permanence of the beneficial or detrimental effects which the proposed regulated activity may have on the public and private uses for which the property is suited;

e. the quality of the wetland which may be affected and the amount of freshwater wetlands to be disturbed;

f. the economic value, both public and private, of the proposed regulated activity to the general area; and

g. the ecological value of the freshwater wetlands and probable impact on public health and fish and wildlife.

L. 1987, c. 156, s. 11.



This section added to the Rutgers Database: 2013-06-10 16:36:30.






Older versions of 13:9b-11 (if available):



Court decisions that cite this statute: CLICK HERE.