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MORICH v. NEW JERSEY D.E.P.

269 N.J. Super. 240 (1992)

635 A.2d 509

PAUL MORICH AND MARGARET FISH, APPELLANTS, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT. IN RE TERRY WATSON. IN THE MATTER OF HOWARD J. LOFTUS.

Superior Court of New Jersey, Appellate Division.

Decided September 15, 1992.

Attorney(s) appearing for the Case

Richard M. Hluchan argued the cause for appellants Morich and Fish (Levin & Hluchan, attorneys; Mr. Hluchan, on the brief).

Benjamin Zeltner argued the cause for appellant Watson (Levin, Staller, Sklar, Chan & Brodsky, attorneys; Mr. Zeltner, on the brief).

James E. Jaworski argued the cause for appellant Loftus (Wells, Garofalo, Jaworski & Liebman, attorneys; Mr. Jaworski, on the brief).

Carol A. Blasi, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Ms. Blasi, on the briefs).

Before Judges PETRELLA, ARNOLD M. STEIN and KESTIN.

PER CURIAM.

These three appeals have been consolidated for the purpose of this opinion. They involve the scope and meaning of two provisions of the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 et seq., which exempt certain uses from the Act's coverage.

The Morich and Fish matter and the Watson matter implicate N.J.S.A. 13:9B-4d(1), exempting projects for which preliminary site plan or subdivision applications received local...

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