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IN RE PROTEST OF COASTAL PERMIT

807 A.2d 198 (2002)

354 N.J. Super. 293

In the Matter of the PROTEST OF COASTAL PERMIT PROGRAM RULES. In the Matter of the Challenge by the New Jersey Association of Realtors to Amendments of the Coastal Permit Program Rules and the Coastal Zone Management Rules. In the Matter of Coastal Permit Program Rules and Coastal Zone Management Rules Promulgated by New Jersey Department of Environmental Protection, N.J.A.C. 7:7E. In the Matter of Coastal Permit Program Rules and Coastal Zone Management Rules Promulgated by New Jersey Department of Environmental Protection, N.J.A.C. 7:7E. In the Matter of Amendments to the Coastal Permit Program Rules and Coastal Zone Management Rules.

Superior Court of New Jersey, Appellate Division.

Decided May 31, 2002.

Attorney(s) appearing for the Case

Paul H. Schneider argued the cause for appellant New Jersey Builders Association, Appeal No. A-3498-99T3 (Giordano, Halleran & Ciesla, attorneys; Michael J. Gross, of counsel; Mr. Schneider and Steven M. Dalton, Middletown, on the brief).

Richard M. Hluchan argued the cause for appellant, New Jersey Association of Realtors, Appeal No. A-3606-99T3 (Ballard Spahr Andrews & Ingersoll, attorneys; Mr. Hluchan and Richard S. Morrison, Voorhees, on the brief).

Thomas A. Borden argued the cause for appellants, Association of New Jersey Environmental Commissions and New Jersey Conservation Foundation, Appeal No. 3852-99T2 (Rutgers Environmental Law Clinic, attorneys, Marjorie Fox, on the brief).

Columbia Environmental Law Clinic, attorneys for appellants, American Littoral Society, New Jersey Environmental Federation, Pinelands Preservation Alliance and Sierra Club—New Jersey Chapter, Appeal No. A-3853-99T3 (Edward Lloyd, Newark, on the brief).

Rutgers Environmental Law Clinic, attorney for appellants American Littoral Society, Sierra Club—New Jersey Chapter, Pinelands Preservation Alliance, and New Jersey Environmental Federation, Appeal No. A-4250-00T3 (Thomas A. Borden, on the brief).

Szaferman, Lakind, Blumstein, Watter, Blader, Lehmann & Goldshore, attorneys for amicus curiae, New Jersey State League of Municipalities, Appeal No. 3853-99T3 (Lewis Goldshore, Plainsboro, on the brief).

Rachel Horowitz, Deputy Attorney General, argued the cause for respondent, New Jersey Department of Environmental Protection, Appeal Nos. A-3498-99T3, A-3606-99T3, 3852-99T3 (David Samson, Attorney General, attorney, Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Horowitz, on the brief).

David Samson, Attorney General, attorney for respondent, New Jersey Department of Environmental Protection, Appeal Nos. 3853-99T3 and A-4250-00T3 (Patrick DeAlmeida, Deputy Attorney General, of counsel; Rachel Horowitz, Deputy Attorney General, on the brief).

Before Judges BRAITHWAITE, COBURN and WEISSBARD.

TABLE OF CONTENTS

Introduction........................................................205
   I.  Background.....................................................207
      A. History of the CAFRA Legislation.............................207
      B. History of the CAFRA Regulations.............................209
      C. The Regulations at Issue.....................................211
         1. The Upland Waterfront Development Area................

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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