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The New Jersey Legislature passes statutes that task the Department with protecting the environment by regulating certain areas, activities, and/or resources. The statutes pertaining to the regulation of land use actives include:
1. The Freshwater Wetlands Protection Act (N.J.S.A. 13-9B et. seq.)
2. The Flood Hazard Area Control Act (N.J.S.A. 58:16A)
3. The Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et. seq.)
4. The Coastal Area Facility Review Act (N.J.S.A. 13:19-1 et. seq.)
5. The Waterfront Development Law (N.J.S.A. 12:5-3)
6. The Tidelands Act (N.J.S.A. 12:3)
7. The New Jersey Water Pollution Control Act (N.J.S.A. 58:10A et. seq.)
8. The Highlands Water Protection and Planning Act (P.L. 2004, c.120)
Statutes
The Department then adopts rules spelling out precisely how it will regulate the particular area, activity, and/or resource. Other states and the Federal government generally refer to their rules as "regulations."
Because all of the Department's rules are required to protect the environment, incorporate the most recent science, and reflect the Department's current transformation priorities, they are subject to modification through the rulemaking process. OPI's Rule Team is responsible for managing this process for three rules - the Coastal Zone Management Rules, the Freshwater Protection Act Rules, and the Flood Hazard Area Control Act Rules.
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Last Updated: January 10, 2019