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IN RE FRESHWATER WETLANDS PERMITS

888 A.2d 441 (2006)

185 N.J. 452

I/M/O FRESHWATER WETLANDS STATEWIDE GENERAL PERMITS.

Supreme Court of New Jersey.

Decided January 11, 2006.

Attorney(s) appearing for the Case

Susan J. Kraham, Staff Attorney, Rutgers Environmental Law Clinic, argued the cause for appellants, Preserve Old Northfield, Karen Davis, Terry Davis, Evelyn Jaffe, Herbert Jaffe, Sue Jager, Steven Jager, Joanne Jones, Steven Jones, Andrea Lawrence, Dana Miller, Michael Miller, Edith Scharfstein, Sol Scharfstein, Joyce Kleinberg, Neal Simon, Al Stoloff, Jean Stoloff, Beth Waldron, Bob Waldron, Gail Winard, Ted Winard, Phyllis Kalfus, Ronald Kalfus, Dot Beller, Gerry Beller, Medley Christopher, Chris Christopher, Joan Gruber, Charles Gruber and Joan Simms.

A. Colleen Malloy, Deputy Attorney General, argued the cause for respondent, New Jersey Department of Environmental Protection (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. Malloy and Lisa A. Runyon, Deputy Attorney General, on the briefs).

Ronald P. Heksch submitted a brief on behalf of amicus curiae, New Jersey Builders Association (Giordano, Halleran & Ciesla, attorneys; Mr. Heksch and Paul H. Schneider, of counsel).

Justice ALBIN delivered the opinion of the Court.

Maramark Builders, L.L.C., owns a seven-acre wooded and undeveloped piece of property in Livingston Township on which it intends to build single-family residences. While seeking subdivision approval from the Livingston Township Planning Board, Maramark applied to the Department of Environmental Protection (DEP or Agency) for a freshwater wetlands permit to fill a portion of "isolated" wetlands on that property, pursuant...

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