Thomas J. Olenik, Ph.D., P.E. 1
In 1987 the State of New Jersey passed the Freshwater Wetlands Protection Act (P.L. 1987) which would be administered by the New Jersey Department of Environmental Protection (NJDEP). A year after the Act was promulgated, the NJDEP established regulations that administered the Act through rules and a permitting process. The objective of the legislation was to provide protection for freshwater wetland areas throughout the state, except for those coastal areas already regulated by previous legislation. The current law has a major impact on both agricultural and non-agricultural areas with regard to development, farming, road and driveway crossings, house additions, etc. This paper will discuss these impacts with regard to the negative consequences the Act has had on development rights and costs, and the use of private property. The consequences of the law and subsequent regulations will be outlined through the use of several cases in which the author has been involved on a professional basis.
