Legal Opinion

M. Alfieri Co. v. State

New Jersey Superior Court Appellate Division

Decided January 10, 1994PublishedCited by 8 opinions

1Opinion of the Court

The opinion of the court was delivered by

BAIME, J.A.D.

The Freshwater Wetlands Protection Act (N.J.S.A 13:9B-1 to -30) (FWPA) provides a comprehensive regulatory scheme for the protection- of New Jersey’s freshwater wetlands. Toward this end, the Legislature instituted a permit program to be administered by the Department of Environmental Protection and Energy (DEPE) with stringent criteria designed to discourage disturbance of wetland areas. Certain classes of activities are exempted from the broad reach of the Act. These include projects for which the developer obtained site plan or…

2Cases cited21 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
  4. Right to Choose v. ByrneSupreme Court of New Jersey · 1982
  5. Service Armament Co. v. HylandSupreme Court of New Jersey · 1976

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3Cited by8 opinions

  1. In Re Freshwater Wetlands Protection Act RulesSupreme Court of New Jersey · 2004
  2. MCG ASSOCIATES v. Department of Environmental ProtectionNew Jersey Superior Court Appellate Division · 1994
  3. In re New Jersey Department of Environmental Protection Conditional Highlands Applicability DeterminationNew Jersey Superior Court Appellate Division · 2013
  4. M. Alfieri Co. v. StateSupreme Court of New Jersey · 1995
  5. Garma v. Township of LakewoodNew Jersey Tax Court · 1994

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