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Wetlander’s Pick of the Posts

Wetlander's Pick of the Posts New Jersey: State’s Top Court Curbs How Far DEP Can Go With Wetlands Inspections

By Tom Johnson – NJ Spotlight – April 5, 2013
How much latitude does the New Jersey Department of Environmental Protection have to inspect for violations of the state’s freshwater wetlands protection law? Perhaps not as much as lawmakers envisioned when they enacted the law in 1987 during former Gov. Thomas Kean’s administration, a measure widely regarded by the environmental community as one of the signature achievements of his terms. In a unanimous decision yesterday the state Supreme Court upheld a ruling by the agency to impose a civil penalty of $4,500 on homeowners who improperly filled in wetlands on their property in Clinton Township in Hunterdon County. The court also ordered restoration of the impaired wetlands.

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