By Michael Sinkevich | Published April 19, 2013 | Posted in Administrative Law, Coastal & Waterfront Development, Coastal Area Facility Review Act (CAFRA), Constitutional Law, Development, Environmental Issues, Freshwater Wetlands Protection Act (FWPA), Land Use, Litigation, New Jersey Environmental Laws | Tagged Tags: Coastal Wetlands, Environmental Litigation, Environmental Penalties, Environmental Rules and Regulations, Freshwater Wetlands, Land Use Attorneys, New Jersey Department of Environmental Protection (NJDEP), New Jersey Freshwater Wetlands Protection Act, Wetlands | Leave a comment
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Development
NJDEP Can Conduct Warrantless Searches Under Freshwater Wetlands Protection Act
In 1987, the New Jersey Legislature passed the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1, et seq. (“FWPA”), to protect and regulate New Jersey’s vast sensitive freshwater wetlands. This law followed the Wetlands Act of 1970, N.J.S.A. 13:9A-1, et seq., which delineated and regulated New Jersey’s coastal wetlands. The FWPA established a permitting process which a Read More
Read MorePost-Sandy Dune Construction: Not So Fast
Did Superstorm Sandy make it safe for the State to deride waterfront property owners for refusing to allow the State to erect two-story beach dunes on their waterfront property? The State may think that such extreme protective measures may be more politically palpable because, after living through Sandy and witnessing her destruction, New Jerseyans better Read More
Read MoreNJDEP Updates Elevation Standards and Flood Maps
On March 26, 2013 the Administration of Governor Christie filed an adoption package that will set new statewide elevation standards, based on flood maps by the Federal Emergency Management Agency (FEMA). This package will keep an emergency rule from January 2013 in place. The update reflects the first change to New Jersey’s coastal county flood Read More
Read MoreNJDEP "Waiver Rule" Upheld by Appellate Court
On March 21, 2013, an Appellate Division panel upheld the controversial “waiver rule” adopted by the New Jersey Department of Environmental Protection (NJDEP) last March. The rule has been promulgated at N.J.A.C. 7:1B-1.1, et seq. An outgrowth of Governor Chris Christie’s effort to reduce bureaucracy and encourage economic growth through application “common sense principles,” the Read More
Read MoreRecent NJ Appeals Court Ruling May Bring Trouble for Victims of Superstorm Sandy
Property owners affected by Superstorm Sandy may be in for a big surprise as they try to re-build their homes and businesses. In a recent NJ Appellate Division case, Motley v. Borough of Seaside Park, No. A03214-11 the Court strictly construed N.J.S.A.40:55D-68, holding that the statute only allows a nonconforming structure to be rebuilt if Read More
Read MoreBillboards: A Constitutional Battleground
As Justice Byron White brought to our attention, “[e]ach method of communication has its own set of laws, and we deal here with the law of billboards.” This “law of billboards” seeks to resolve the confluence between the First Amendment and the billboard, a particularly unique means of expression–especially in our ever increasingly technical society Read More
Read MoreNJ Appeals Court Reverses Lane Use Variances in Closter Case
NJ Appeals Court Reverses Lane Use Variances in Closter Case Applicants before zoning boards and planning boards must prove that their application is consistent with local zoning. In other words, as a general matter, only residential applications can be approved within zones that are limited to residential use. Likewise, commercial applications are only acceptable in zones Read More
Read More"Rebuilding New Jersey," a Seminar on Nov. 29 at 5:30p
Lieberman Blecher & Sinkevich will be participating in a seminar focused on “Rebuilding New Jersey,” in the wake of Superstorm Sandy on Thursday, November 29, 2012 at 5:30 p.m. in New Brunswick, New Jersey. This devastating storm has left businesses, municipalities, homeowners and the legal community with many many questions. We will be teaming up Read More
Read MoreRebuilding in the Wake of Sandy: Insurance, Legal and Regulatory Issues
New Jersey and New York residents have suffered through one of the most difficult storms in American history with an unmatched trail of destruction in this part of the country. Now (and well over the next few years), comes the process of rebuilding what was lost or damaged. There will be serious economic and emotional Read More
Read MoreAttorneys Assisting in Hurricane Sandy Recovery
All of us at Lieberman Blecher & Sinkevich P.C. hope that you, your families, and colleagues are safe and well following Hurricane Sandy. Like many others, our offices experienced a power outage and delay in receiving e-mail and other communications. We are fully back online and stand ready to assist you, your business, and your Read More
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