In the Matter of Freshwater Wetlands Protection Act Rules

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that the Department of Environmental Protection exceeded its statutory authority by (1) expanding transition‑area buffers beyond the limits set in the Freshwater Wetlands Protection Act and by creating buffers for ordinary wetlands, and (2) prohibiting activities in vernal habitats under a general permit, which the statute does not authorize. The Court based its decision on the plain‑language limits of the Act and rejected the agency’s reliance on administrative convenience.