Bulletin Board Magazine [Volume 2 - 2025]

290 Ocean LLC applied to NJDEP for a CAFRA permit to build an eight-story, 109-unit residential building on vacant land near the beach in Long Branch. The site is located in a redevelopment zone, specifically, the Beachfront South Sector, which is subject to redevelopment ordinances. Blackridge (the owner of the neighboring property with an existing apartment building) objected to the application, claiming the project did not comply with the view corridor and setback requirements under the SRD Rule. NJDEP initially denied the application, but following further review, NJDEP and 290 Ocean entered into a settlement agreement and NJDEP issued the CAFRA permit. The settlement acknowledged that the property was governed by Long Branch’s redevelopment ordinances, which did not require compliance with the SRD’s stricter design standards. Blackridge appealed, arguing that NJDEP’s decision to issue the permit was arbitrary and violated due process and equal protection laws. The Appellate Division affirmed, finding that NJDEP acted within its authority, as the property was subject to the special Long Branch regulations under the Coastal Rules, which, in turn relied on the Long Branch redevelopment ordinances, which did not require compliance with the SRD Rule. The court emphasized that NJDEP’s decision was supported by substantial evidence, including a setback survey showing that many nearby structures that were also within the Beachfront South Sector did not comply with the SRD rule. This case highlights the importance of understanding local redevelopment ordinances and how they interact with broader environmental regulations like CAFRA. The court’s decision underscores that properties governed by the Long Branch coastal rule may be subject to different standards than those outside the redevelopment area governed by the Long Branch rule. Additionally, the case illustrates the potential for negotiation and settlement with regulatory agencies, which can lead to favorable outcomes even after an initial permit denial. NJDEP Proposed Amendments to Mitigation Rules The New Jersey Department of Environmental Protection (“NJDEP”) has proposed amendments to several environmental regulations, including the Coastal Zone Management Rules, Freshwater Wetlands Protection Act Rules, and Flood Hazard Area Control Act Rules, affecting mitigation options for environmental impacts. 50 N.J.R. 500(a) (Mar. 17, 2025). One significant change is the proposal to allow all applicants, not just those with single-family or duplex projects, to use mitigation banks for intertidal and subtidal shallows. Mitigation banks are pre-established projects that provide credits to applicants, ensuring timely and cost-effective mitigation. This change is intended to streamline and make such mitigation more cost effective by eliminating case-by-case mitigation assessments. The proposal also introduces wetland preservation as a new mitigation option under both the Coastal and Freshwater Wetland rules, recognizing the ecological benefits of preserving existing wetlands. Wetlands serve as critical habitats and buffers against flooding, and their preservation can protect these functions even if it does not increase wetland area. NJDEP has outlined criteria for wetlands to qualify for preservation, such as being adjacent to public lands or containing critical habitats.

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Bulletin Board | 36 | www.shorebuilders.org