Friday, February 02, 2007

NJ Court Upholds Restriction on Wetlands Development

TRENTON – Attorney General Stuart Rabner announced today that the State has successfully defended before an appeals court its refusal to issue a permit that would have enabled home construction on a tract of environmentally-fragile wetlands in southern New Jersey.

According to Rabner, a three-judge Appellate Division panel upheld an earlier decision by the Department of Environmental Protection Commissioner to deny a general permit to Samuel L. Doyal. Doyal had sought to build a single-family home on a wetlands parcel he owns in West Cape May.

In rejecting Doyal’s 2003 application for a permit, the DEP concluded that New Jersey law prohibits the issuance of a general permit for a regulated activity on any wetlands that discharge into a surface water tributary system.

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