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), the New Jersey Appellate Division upheld the validity of
two provisions of the DEP’s Water Quality Management Planning Rules: N.J.A.C.
7:15-5.24, which prohibits the extension of sewage lines in environmentally
sensitive areas, and N.J.A.C. 7:15-5.25(e), which sets a minimum nitrate level
for septic system discharge. The Court rejected the developer’s contention that
these provisions are ultra vires and constitute non water-related land-use
regulation, and concluded that the rules are authorized by a host of statutes
that empower the DEP to set water quality standards and in doing so to consider
related environmental, social and land-use policies. The Court noted that the
agency’s decision which essentially structures sewage lines to limit the density
of development in environmentally sensitive areas is the most efficient and
beneficial way to address water quality concerns in environmentally sensitive
areas and thus represents a valid and reasonable exercise of the DEP’s statutory
authority.
The Law Office of Christopher D. Hopkins offers services
related to land use, development and environmental law and helps clients adapt to the ever changing
land use law and permitting challenges.
For more information regarding laws and regulations pertaining to land
use and water quality please contact Christopher D. Hopkins, Esq. at (908)
322-6121 or at chris@chopkinslaw.com .
About The Law Office of Christopher D. Hopkins, LLC
The Law Office of Christopher D. Hopkins,
LLC is a boutique law firm located in Scotch Plains, New
Jersey committed to providing the highest quality of legal services in the
select areas of real estate, land use and environmental law. The firm is committed
to working collaboratively with clients to achieve practical, cost effective
results- whether it be in complex litigation, transactions, cleanups and/or
development projects. The firm provides transactional and litigation counsel to
a broad spectrum of clients including private and public corporations, trade
associations, nonprofit institutions, banks, real estate investment trusts and
individuals in New Jersey, New York and Pennsylvania.
Contact Information
The Law Office of Christopher D.
Hopkins, LLC
1812 Front Street
Scotch Plains, NJ 07076
TEL:
908.322.6121
FAX: 908.322.5701
Email: chris@chopkinslaw.com
Website http://www.chopkinslaw.com
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