New Jersey Chapter of Nat'l Ass'n of Indus. and Office Parks v. New Jersey Dep't of Envtl. Prot

In New Jersey Chapter of Nat'l Ass'n of Indus. and Office Parks v. New Jersey Dep't of Envtl. Prot., 241 N.J. Super. 145, 150-57, 574 A.2d 514 (App.Div.), certif. denied, 122 N.J. 374, 585 A.2d 379, 380 (1990), the Court held that under N.J.S.A. 13:9B-30, the DEP may only regulate wetlands concerns through the Freshwater Wetlands Protection Act (FWPA), not through other statutes that may tangentially relate to wetlands such as CAFRA (Coastal Area Facility Review Act) However, the DEP must continue to administer the other overlapping permit programs (such as CAFRA) to the extent that they are predicated upon a different regulatory concern. Id. at 156-57, 574 A.2d 514.