reglab/housing_qa huggingface dataset:
NJ Rev Stat § 13:9A-2 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9A-2 - Authority of commissioner to adopt, modify or repeal orders regulating, altering or polluting coastal wetlands; coastal wetlands defined

13:9A-2. Authority of commissioner to adopt, modify or repeal orders regulating, altering or polluting coastal wetlands; coastal wetlands defined  The Commissioner may from time to time, for the purpose of promoting the public safety, health and welfare, and protecting public and private property, wildlife and marine fisheries, adopt, amend, modify or repeal orders regulating, restricting or prohibiting dredging, filling, removing or otherwise altering, or polluting, coastal wetlands. For the purposes of this act the term "coastal wetlands" shall mean any bank, marsh, swamp, meadow, flat or other low land subject to tidal action in the State of New Jersey along the Delaware bay and Delaware river, Raritan bay, Barnegat bay, Sandy Hook bay, Shrewsbury river including Navesink river, Shark river, and the coastal inland waterways extending southerly from Manasquan Inlet to Cape May Harbor, or at any inlet, estuary or tributary waterway or any thereof, including those areas now or formerly connected to tidal waters whose surface is at or below an elevation of 1 foot above local extreme high water, and upon which may grow or is capable of growing some, but not necessarily all, of the following: Salt meadow grass (Spartine patens), spike grass (Distichlis spicata), black grass (Juncus gerardi), saltmarsh grass (Spartina alterniflora), saltworts (Salicornia Europaea, and Salicornia bigelovii), Sea Lavendar (Limonium carolinianum), saltmarsh bulrushes (Scirpus robustus and Scirpus paludosus var. atlanticus), sand spurrey (Spergularia marina), switch grass (Panicum virgatum), tall cordgrass (Spartina pectinata), hightide bush (Iva frutescens var. oraria), cattails (Typha angustifolia, and Typha latifolia), spike rush (Eleocharis rostellata), chairmaker's rush (Scirpus americana), bent grass (Agrostis palustris), and sweet grass (Hierochloe odorata). The term "coastal wetlands" shall not include any land or real property subject to the jurisdiction of the Hackensack Meadowlands Development Commission pursuant to the provisions of P.L.1968, chapter 404, sections 1 through 84 (C. 13:17-1 through C. 13:17-86). L.1970, c. 272, s. 2, eff. Nov. 5, 1970.
NJ Rev Stat § 13:9A-3 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9A-3 - Public hearing; notice to owner; recordation of orders

13:9A-3. Public hearing; notice to owner; recordation of orders  The commissioner shall, before adopting, amending, modifying or repealing any such order, hold a public hearing thereon in the county in which the coastal wetlands to be affected are located, giving notice thereof to each owner having a recorded interest in such wetlands by mail at least 21 days prior thereto addressed to his address as shown in the municipal tax office records and by publication thereof at least twice in each of the 3 weeks next preceding the date of such hearing in a newspaper of general circulation in the municipality or municipalities in which such coastal wetlands are located. Upon the adoption of any such order or any order amending, modifying or repealing the same, the commissioner shall cause a copy thereof, together with a plan of the lands affected, including reference to the filed wetlands map or maps on which the same are shown and a list of the owners of record of such lands, to be recorded in the office of the county clerk or register of deeds, where it shall be indexed and filed as a judgment, and shall mail a copy of such order and plan to each owner of record of such lands affected thereby. L.1970, c. 272, s. 3, eff. Nov. 5, 1970.
NJ Rev Stat § 13:9A-4 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9A-4 - Regulated activity; necessity of permit to conduct; application; notice; determination of issuance

13:9A-4. Regulated activity; necessity of permit to conduct; application; notice; determination of issuance  a. For purposes of this section "regulated activity" includes but is not limited to draining, dredging, excavation or removal of soil, mud, sand, gravel, aggregate of any kind or depositing or dumping therein any rubbish or similar material or discharging therein liquid wastes, either directly or otherwise, and the erection of structures, drivings of pilings, or placing of obstructions, whether or not changing the tidal ebb and flow. "Regulated activity" shall not include continuance of commercial production of salt hay or other agricultural crops or activities conducted under section 7 of this act. b. No regulated activity shall be conducted upon any wetland without a permit. c. Any person proposing to conduct or cause to be conducted a regulated activity upon any wetland shall file an application for a permit with the commissioner, in such form and with such information as the commissioner may prescribe and shall provide notice to each electric or gas public utility in the State and to each owner of all real property as shown on the current tax duplicate, located in the State and within 200 feet in all directions of the property which is the subject of such application in the manner prescribed by section 7.1 of P.L.1975, c. 291 (C. 40:55D-12). Such application shall include a detailed description of the proposed work and a map showing the area of wetland directly affected, with the location of the proposed work thereon, together with the names of the owners of record of adjacent land and known claimants of rights in or adjacent to the wetlands of whom the applicant has notice. All applications, with any maps and documents relating thereto, shall be open for inspection at the office of the Department of Environmental Protection. d. In granting, denying or limiting any permit the commissioner shall consider the effect of the proposed work with reference to the public health and welfare, marine fisheries, shell fisheries, wildlife, the protection of life and property from flood, hurricane and other natural disasters, and the public policy set forth in section 1a. of this act. L.1970, c. 272, s. 4, eff. Nov. 5, 1970. Amended by L.1983, c. 133, s. 1, eff. April 13, 1983.
NJ Rev Stat § 13:9A-5 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9A-5 - Jurisdiction of violations

13:9A-5. Jurisdiction of violations  The Superior Court shall have jurisdiction to restrain violations of orders issued pursuant to this act. L.1970, c. 272, s. 5, eff. Nov. 5, 1970.
NJ Rev Stat § 13:9A-6 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9A-6 - Complaint by landowner affected by order; recordation of finding

13:9A-6. Complaint by landowner affected by order; recordation of finding  Any person having a recorded interest in land affected by any such order or permit, may, within 90 days after receiving notice thereof, file a complaint in the Superior Court to determine whether such order or permit so restricts or otherwise affects the use of his property as to deprive him of the practical use thereof and is therefore an unreasonable exercise of the police power because the order or permit constitutes the equivalent of a taking without compensation. If the court finds the order or permit to be an unreasonable exercise of the police power, the court shall enter a finding that such order or permit shall not apply to the land of the plaintiff; provided, however, that such finding shall not affect any other land than that of the plaintiff. Any party to the suit may cause a copy of such finding to be recorded forthwith in the office of the county clerk or register of deeds, where it shall be indexed and filed as a judgment. The method provided in this section for the determination of the issue shall be exclusive, and such issue shall not be determined in any other proceeding. L.1970, c. 272, s. 6, eff. Nov. 5, 1970.
NJ Rev Stat § 13:9A-7 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9A-7 - Application of act on powers and duties of certain state departments or agencies

13:9A-7. Application of act on powers and duties of certain state departments or agencies  No action by the commissioner under this act shall prohibit, restrict or impair the exercise or performance of the powers and duties conferred or imposed by law on the State Department of Environmental Protection, the Natural Resource Council and the State Mosquito Control Commission in said Department, the State Department of Health, or any mosquito control or other project or activity operating under or authorized by the provisions of chapter 9 of Title 26 of the Revised Statutes. L.1970, c. 272, s. 7, eff. Nov. 5, 1970.
NJ Rev Stat § 13:9A-8 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9A-8 - Application of act to riparian lands

13:9A-8. Application of act to riparian lands  Nothing in this act or any permit issued hereunder shall affect the rights of the State in, or the obligations of a riparian owner with respect to, riparian lands. L.1970, c. 272, s. 8, eff. Nov. 5, 1970.
NJ Rev Stat § 13:9A-10 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9A-10 - Short title

13:9A-10. Short title  This act may be cited as "The Wetlands Act of 1970." L.1970, c. 272, s. 10, eff. Nov. 5, 1970.
NJ Rev Stat § 13:9B-1 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-1 - Short title

13:9B-1. Short title  This act shall be known and may be cited as the "Freshwater Wetlands Protection Act."  L. 1987, c. 156, s. 1.
NJ Rev Stat § 13:9B-2 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-2 - Findings, declarations

13:9B-2. Findings, declarations  The Legislature finds and declares that freshwater wetlands protect and preserve drinking water supplies by serving to purify surface water and groundwater resources; that freshwater wetlands provide a natural means of flood and storm damage protection, and thereby prevent the loss of life and property through the absorption and storage of water during high runoff periods and the reduction of flood crests; that freshwater wetlands serve as a transition zone between dry land and water courses, thereby retarding soil erosion; that freshwater wetlands provide essential breeding, spawning, nesting, and wintering habitats for a major portion of the State's fish and wildlife, including migrating birds, endangered species, and commercially and recreationally important wildlife; and that freshwater wetlands maintain a critical baseflow to surface waters through the gradual release of stored flood waters and groundwater, particularly during drought periods.  The Legislature further finds and declares that while the State has acted to protect coastal wetlands, it has not, except indirectly, taken equally vigorous action to protect the State's inland waterways and freshwater wetlands; that in order to advance the public interest in a just manner the rights of persons who own or possess real property affected by this act must be fairly recognized and balanced with environmental interests; and that the public benefits arising from the natural functions of freshwater wetlands, and the public harm from freshwater wetland losses, are distinct from and may exceed the private value of wetland areas.  The Legislature therefore determines that in this State, where pressures for commercial and residential development define the pace and pattern of land use, it is in the public interest to establish a program for the systematic review of activities in and around freshwater wetland areas designed to provide predictability in the protection of freshwater wetlands; that it shall be the policy of the State to preserve the purity and integrity of freshwater wetlands from random, unnecessary or undesirable alteration or disturbance; and that to achieve these goals it is important that the State expeditiously assume the freshwater wetlands permit jurisdiction currently exercised by the United States Army Corps of Engineers pursuant to the Federal Act and implementing regulations.  L. 1987, c. 156, s. 2.
NJ Rev Stat § 13:9B-3 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-3 - Definitions

13:9B-3. Definitions  As used in this act:  "Bank" means the Wetlands Mitigation Bank established pursuant to section 14 of this act;  "Commissioner" means the Commissioner of the Department of Environmental Protection;  "Council" means the Wetlands Mitigation Council established pursuant to section 14 of this act;  "Department" means the Department of Environmental Protection;  "Environmental commission" means a municipal advisory body created pursuant to P.L. 1968, c. 245 (C. 40:56A-1 et seq.);  "Federal Act" means section 404 of the "Federal Water Pollution Control Act Amendments of 1972" as amended by the "Clean Water Act of 1977" (33 U.S.C. s. 1344) and the regulations adopted pursuant thereto;  "Freshwater wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation; provided, however, that the department, in designating a wetland, shall use the 3-parameter approach (i.e. hydrology, soils and vegetation) enumerated in the April 1, 1987 interim-final draft "Wetland Identification and Delineation Manual" developed by the United States Environmental Protection Agency, and any subsequent amendments thereto;  "Freshwater wetlands permit" means a permit to engage in a regulated activity issued pursuant to this act;  "Hydrophyte" means plant life adapted to growth and reproduction under periodically saturated root zone conditions during at least a portion of the growing season;  "Linear development" means land uses such as roads, drives, railroads, sewerage and stormwater management pipes, gas and water pipelines, electric, telephone and other transmission lines and the rights-of-way therefor, the basic function of which is to connect two points. Linear development shall not mean residential, commercial, office, or industrial buildings;  "Person" means an individual, corporation, partnership, association, the State, municipality, commission or political subdivision of the State or any interstate body;  "Regulated activity" means any of the following activities in a freshwater wetland:  (1) The removal, excavation, disturbance or dredging of soil, sand, gravel, or aggregate material of any kind;  (2) The drainage or disturbance of the water level or water table;  (3) The dumping, discharging or filling with any materials;  (4) The driving of pilings;  (5) The placing of obstructions;  (6) The destruction of plant life which would alter the character of a freshwater wetland, including the cutting of trees;  "Transition area" means an area of land adjacent to a freshwater wetland which minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem.  L. 1987, c. 156, s. 3.
NJ Rev Stat § 13:9B-5 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-5 - Permit process

13:9B-5. Permit process  a. The department shall consolidate the processing of wetlands related aspects of other regulatory programs which affect activities in freshwater wetlands, including, but not limited to, sewer extension approvals required pursuant to P.L. 1977, c. 74 (C. 58:10A-1 et seq.), permits required pursuant to P.L. 1973, c. 185 (C. 13:19-1 et seq.), and any permits and approvals required pursuant to P.L. 1977, c. 75 (C. 58:11A-1 et seq.) and P.L. 1962, c. 19 (C. 58:16A-50 et seq.), with the freshwater wetlands permit process established herein so as to provide a timely and coordinated permit process consistent with the Federal Act.  b. Within 60 days after the department receives comment on a complete application for a permit from the United States Environmental Protection Agency, or upon receipt of notice from the United States Environmental Protection Agency that no comment will be forthcoming, the department may hold a public hearing on the application for a permit. If such a hearing is held, it shall be in the county wherein the freshwater wetland is located whenever practicable. The department may issue or deny a permit without a public hearing, unless there is a significant degree of public interest in the application as manifested by written requests for a hearing within 20 days after the publication of notice of the permit application in the bulletin of the department.  c. The department shall issue or deny a permit within 90 days of receipt of comments, or notice that comments will not be forthcoming, from the United States Environmental Protection Agency, or within 180 days of submittal of a complete application, whichever is later. Until the State assumes the implementation of the Federal Act, the department shall issue or deny a permit within 180 days of submittal of a complete application, except as may otherwise be provided by the Federal Act. The department shall review an application for a permit for completeness, and make any necessary requests for further information, within 30 days of receipt of the application for a permit; provided, however, that this deadline shall not apply to requests for further information made by the department on the basis of comments received from the United States Environmental Protection Agency. If the department issues the permit, the department shall send notice thereof to the applicant. If the department denies, or requests a modification of, the complete permit application, the department shall send notice thereof to the applicant. The department may issue a permit imposing conditions necessary for compliance with this act and the "Water Pollution Control Act," P.L. 1977, c. 74 (C. 58:10A-1 et seq.).  d. The fees authorized pursuant to sections 8, 9, and 17 of this act shall be dedicated to further the specific purposes of this act.  L. 1987, c. 156, s. 5.
NJ Rev Stat § 13:9B-5.1 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-5.1 - Regulation of freshwater wetlands area.

13:9B-5.1 Regulation of freshwater wetlands area.  38. Notwithstanding the provisions of P.L.1987, c.156 (C.13:9B-1 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, major Highlands development as defined in section 3 of P.L.2004, c.120 (C.13:20-3) that includes a regulated activity as defined in section 3 of P.L.1987, c.156 (C.13:9B-3) in a freshwater wetland or freshwater wetland transition area located in the Highlands preservation area as defined in section 3 of P.L.2004, c.120 (C.13:20-3) shall also be regulated pursuant to sections 32 through 37 of P.L.2004, c.120 (C.13:20-30 through C.13:20-35). L.2004,c.120,s.38.
NJ Rev Stat § 13:9B-6 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-6 - Meadowlands, Pinelands exemptions

13:9B-6. Meadowlands, Pinelands exemptions  a. Activities in areas under the jurisdiction of the Hackensack Meadowlands Development Commission pursuant to P.L. 1968, c. 404 (C. 13:17-1 et seq.) shall not require a freshwater wetlands permit, or be subject to transition area requirements, except that the discharge of dredged or fill material shall require a permit issued under the provisions of the Federal Act, or under an individual and general permit program administered by the State under the provisions of the Federal Act and applicable State laws.  b. Activities in areas under the jurisdiction of the Pinelands Commission pursuant to P.L. 1979, c. 111 (C. 13:18A-1 et seq.) shall not require a freshwater wetlands permit, or be subject to transition area requirements established in this act, except that the discharge of dredged or fill material shall require a permit issued under the provisions of the Federal Act, or under an individual and general permit program administered by the State under the provisions of the Federal Act and applicable State laws, provided that the Pinelands Commission may provide for more stringent regulation of activities in and around freshwater wetland areas within its jurisdiction.  L. 1987, c. 156, s. 6.
NJ Rev Stat § 13:9B-7 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-7 - Classification system

13:9B-7. Classification system  The department shall develop a system for the classification of freshwater wetlands based upon criteria which distinguish among wetlands of exceptional resource value, intermediate resource value, and ordinary resource value.  a. Freshwater wetlands of exceptional resource value shall be freshwater wetlands which exhibit any of the following characteristics:  (1) Those which discharge into FW-1 waters and FW-2 trout production (TP) waters and their tributaries; or  (2) Those which are present habitats for threatened or endangered species, or those which are documented habitats for threatened or endangered species which remain suitable for breeding, resting, or feeding by these species during the normal period these species would use the habitat. A habitat shall be considered a documented habitat if the department makes a finding that the habitat remains suitable for use by the specific documented threatened and endangered species, based upon information available to it, including but not limited to, information submitted by an applicant for a freshwater wetlands permit. An applicant shall have the opportunity to request the department that a documented habitat not result in the classification of a freshwater wetland as a freshwater wetland of exceptional value if the applicant can demonstrate the loss of one or more requirements of the specific documented threatened or endangered species, including, but not limited to wetlands or overall habitat size, water quality, or vegetation density or diversity.  b. Freshwater wetlands of ordinary value shall be freshwater wetlands which do not exhibit the characteristics enumerated in subsection a. of this section, and which are certain isolated wetlands, man-made drainage ditches, swales, or detention facilities.  c. Freshwater wetlands of intermediate resource value shall be all freshwater wetlands not included in subsection a. or b. of this section.  d. As used in this section "threatened or endangered species" shall be those species identified pursuant to "The Endangered and Nongame Species Conservation Act," P.L. 1973, c. 309 (C. 23:2A-1 et seq.) or which appear on the federal endangered species list, and "FW-1, FW-2, trout production (TP) waters" shall mean those waters delineated as such by the department under regulations adopted pursuant to the "Water Pollution Control Act," P.L. 1977, c. 74 (C. 58:10A-1 et seq.) and the "Water Quality Planning Act," P.L. 1977, c. 75 (C. 58:11A-1 et seq.).  e. The classification system established in this section shall not restrict the department's authority to require the creation or restoration of freshwater wetlands pursuant to the provisions of section 13 of this act.  L. 1987, c. 156, s. 7.