APPEAL OF ADOPTION OF N.J.A.C., 7:7A-1.4


240 N.J. Super. 224 (1989)

573 A.2d 162

IN THE MATTER OF APPEAL OF ADOPTION OF N.J.A.C. 7:7A-1.4 (DEFINITION OF "DOCUMENTED HABITATS FOR THREATENED AND ENDANGERED SPECIES" AND "SWALE"), 7:7A-2.5(B)(2), AND 7:7A-2.7(F).

Superior Court of New Jersey, Appellate Division.

Decided September 7, 1989.


Attorney(s) appearing for the Case

James P. Wyse argued the cause for appellant (Schenck, Price, Smith & King, attorneys; James P. Wyse, of counsel; Anne E. Aronovitch and James P. Wyse, on the brief).

Carol A. Blasi, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr. Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Carol A. Blasi, on the brief).

Before Judges KING, ASHBEY and SKILLMAN.


The opinion of the court was delivered by ASHBEY, J.A.D.

Appellants, New Jersey Conservation Foundation and New Jersey Audubon Society, appeal from the adoption of certain regulations implementing the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq. (the Act) by the Department of Environmental Protection (DEP). With one exception, we affirm.

In July 1987 the Legislature enacted the...

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