NJ SUPREME COURT REFUSES TO REVIEW DECISION INVALIDATING DEP’S COASTAL PUBLIC ACCESS RULE

The uncertainty involving the New Jersey Department of Environmental Protection’s (“DEP”) Public Access Rule promulgated in 2012 under the Coastal Zone Management Rules continues. The Supreme Court by Order dated June 17, 2016 denied the State’s Petition for Certification to challenge the Appellate Division’s Hackensack Riverkeeper, Inc. and NY/NJ Baykeeper v DEP, 443 N.J. Super […]

Extension of Freshwater Wetlands, Waterfront Development, and CAFRA Approvals after June 30, 2016

The extended date of validity of approvals under the Permit Extension Act is June 30, 2016. For any wetlands approvals that can be further extended, you must request that extension at least 90 days prior to the expiration date. Therefore, the last date to request an extension for those approvals that expire June 30, 2016 […]

DEP Coastal Centers Expiring

As of December 31, 2015, coastal centers established by the New Jersey Department of Environmental Protection (“DEP”) and classified as “mainland” coastal centers will expire absent legislative or administrative action to make mainland coastal centers a permanent designation or to extend their expiration date.  DEP mainland coastal centers include Egg Harbor, Lower Township, Toms River […]

Coastal Rule Amendments Effective July 6, 2015

DEP’s proposed amendment of its regulations governing CAFRA, Waterfront Development and Coastal Wetland approvals creating a single regulatory chapter, now called the Coastal Zone Management Rules, took effect on July 6, 2015. The rule amendment consolidates the procedural aspects of the former Coastal Permit Program Rules and substantive provisions of the former Coastal Zone Management […]

DEP Waives Some Permitting Requirements To Promote Rebuilding After Sandy

The devastation caused by Hurricane Sandy is massive and the loss of lives, homes and belongings is heartbreaking.  The recovery effort will present many practical challenges and legal issues.  Those who seek to reconstruct destroyed or damaged property will likely need to address environmental issues, particularly in the coastal areas.  Department of Environmental Protection (“DEP”) […]