Appeal of Adoption of Njac 7: 7a-1.4

This appeal involves the validity of one of several regulations adopted by the Department of Environmental Protection (DEP) to implement the provisions of the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30 (the Act). In a companion case, the same panel of the Appellate Division as decided this case upheld the validity of all but one of the regulations challenged in that proceeding, striking down as invalid a regulation imposing a five-year limitation on exemptions statutorily granted to projects that had received preliminary site-plan or subdivision approval prior to the Act’s…