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IN RE N.J.A.C. 7:15-5.24(b)

No. A-3262-08T1.

22 A.3d 94 (2011)

420 N.J. Super. 552

In the Matter of the ADOPTION OF N.J.A.C. 7:15-5.24(b) and N.J.A.C. 7:15-5.25(e).

Superior Court of New Jersey, Appellate Division.

Decided June 29, 2011.

Attorney(s) appearing for the Case

David R. Oberlander argued the cause for appellant Bi-County Development Corporation (Bisgaier Hoff, LLC, attorneys; Mr. Oberlander , on the brief).

Jane F. Engel , Deputy Attorney General, argued the cause for respondent ( Paula T. Dow , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Engel , on the brief).

Eastern Environmental Law Center, attorneys for amici curiae New Jersey Audubon Society and American Littoral Society ( William Schulte and Julia LeMense , on the brief).

Before Judges PARRILLO, YANNOTTI and ROE.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

This appeal asks us to decide the legality of two provisions of the Department of Environmental Protection's (DEP) Water Quality Management Planning Rules (WQMP Rules), N.J.A.C. 7:15, which set policies and procedures for State, County and area water quality management planning. The first regulation, N.J.A.C. 7:15-5.24, prohibits the extension of sewage lines in "environmentally sensitive...

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