Crema v. New Jersey Department of Environmental Protection

The opinion of the Court was delivered by

HANDLER, J.

Historic Smithville Development Corporation (HSDC) sought to construct a large scale residential and commercial development in an environmentally sensitive area governed by the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -21 (CAFRA). It applied to the New Jersey State Department of Environmental Protection (Department or DEP) for a permit authorizing the development. DEP ultimately granted a permit approving only the “concept” of the development. The permit did not authorize or allow any actual construction until all prescribed…