Land Use Management and Compliance
Land Use Regulation Program

Notice of Rule Proposal
Freshwater Wetlands Protection Act rules
Coastal Permit Program rules
Proposed Amendments: N.J.A.C. 7:7-1.10; 7:7A- 1.4, 7.2, and 10.6
Proposed Repeal: N.J.A.C. 7:7A-7.3
Proposed New Rules: N.J.A.C. 7:7A-17

Public Notice
Take notice that the NJ Department of Environmental Protection
is proposing amendments to N.J.A.C. 7:7-1.10; 7:7A- 1.4, 7.2,
and 10.6; repeal of N.J.A.C. 7:7A-7.3 and new rules at N.J.A.C.
7:7A-17. A statement of the substance of the proposal follows:

Re-proposal of amendments and new rules to address Appellate
Division’s decision in “East Cape May II” (East Cape
May Associates v. State of New Jersey, Department of Environmental
Protection, A-1000-99T5, July 25, 2001), which requires Department
to establish in the freshwater wetlands rules and the coastal
rules standards for reconsidering the application of the regulations
in order to avoid a taking. The re-proposal establishes criteria
for the reconsideration of an individual freshwater wetlands or
CAFRA permit denial after all appeals of the denial have been
concluded and a takings action filed in court. The initial proposal
was published on January 22, 2002.

The re-proposal is scheduled to be published in the New Jersey
Register dated July 15, 2002. A copy of the proposal is available
from the NJDEP Land Use Regulation Program web site (www.state.nj.us/dep/landuse)
and Westlaw Publishing at 1-800-808-WEST. Be advised that there
may be a fee for obtaining a copy of the proposal from Westlaw.

A public hearing(s) concerning the proposal is scheduled as follows:

Wednesday, July 31, 2002, at 10:00 A.M
New Jersey Department of Environmental Protection
Public Hearing Room
401 East State St.
Trenton, NJ

Written comments may be submitted by September 13, 2002 to:

NJ Department of Environmental Protection
Janis Hoagland, Esq.
ATTN: 14-02-06/332
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625