The State House Commission’s 60th Anniversary May Be Dampened By New Proposed Legislation

The State House Commission of New Jersey is celebrating its 60th anniversary this year.  Two bills making their way through the legislative process will dramatically change the Commission’s jurisdiction concerning Green Acres land dispositions. The Commission’s original mandate by the legislature was to oversee the construction of buildings in the State Capital – the City […]

Appellate Division Narrowly Construes Highlands Act Exemption

A recent decision of the Appellate Division of the Superior Court highlights that statutory exemptions from legislation designed to protect the environment will be narrowly construed.  At issue in Intellect Real Estate Development v. DEP was the scope of a “grandfather” exemption under the Highlands Water Protection and Planning Act (the “Highlands Act”).  The Highlands […]

NJDEP Has Issued Proposed Amendments To The Flood Hazard Area Control Act Rules

On February 19, 2013, the New Jersey Department of Environmental Protection published in the New Jersey Register the emergency adoption (effective January 24, 2013) and concurrent proposal of amendments to the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.  The emergency adoption and proposed rules concern the construction and reconstruction of buildings in flood […]

NJDEP Weighs in on 2014 Remediation Deadlines

This morning,  NJDEP convened a joint meeting of its Site Remediation Advisory Group (SRAG) and Cooperative Venture Project (CVP).  One of the main topics for consideration was whether the Department would entertain extensions from responsible parties who will not meet certain mandatory time frames for cleanups.  Current law requires that a “remedial investigation” (RI) be […]

Coastal Property Owners’ Rights Upheld

Scoring a victory for property owners, the Appellate Division of the New Jersey Superior Court recently confirmed the necessity of balancing the public’s access to the sea and the rights of coastal property owners. In a February 1, 2013 decision in Ritter v Harbor Commission of Atlantic Highlands (“Commission”) the court ruled against Ritter affirming […]