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Environmental Law

In a state noted for its strict and pace-setting environmental laws, Riker Danzig’s Environmental Law Group is among...

Proposed Wetlands Regulations are Shelved

October 30, 2016

At NJDEP's request, Governor Whitman signed a waiver last month that extends the current wetlands regulations for another year, effectively shelving revised regulations that had been proposed late last year. The withdrawal of the proposed regulations marks Whitman's second retreat on an environmental initiative; last October, her administration withdrew the proposed water pollution control regulations.

The proposed wetlands regulations would have made it easier to obtain permits for certain types of construction in a wetland, such as minor road crossings, road expansions, storm water outfall pipes, and filling or removing vegetation on less than one acre of isolated wetland. The proposed regulations also would have allowed developers to continue to obtain waivers to build in transition areas, those lands adjacent to a wetland that serve as a buffer zone.

NJDEP received comments from concerned environmental groups regarding the proposed regulations. According to Robert Friant, the governor's aide on environmental issues, NJDEP will take the next year to address the concerns expressed by the environmental groups and to review certain technical aspects of the regulations.

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