Bill Text: NJ S2602 | 2012-2013 | Regular Session | Introduced

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Bill Title: Repeals law providing CAFRA permit exemption for certain grading or excavation of a dune.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Enrolled - Dead) 2014-01-21 - Pocket Veto - Bills not Acted on by Governor-end of Session [S2602 Detail]

Download: New_Jersey-2012-S2602-Introduced.html

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SENATE, No. 2602

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 21, 2013

 

 

Sponsored by:

Senator  BOB SMITH

District 17 (Middlesex and Somerset)

 

 

 

 

SYNOPSIS

     Repeals law providing CAFRA permit exemption for certain grading or excavation of a dune.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning certain activities on dunes, and repealing section 21 of P.L.1993, c.190.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  Section 21 of P.L.1993, c.190 (C.13:19-5.3) is repealed.

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill repeals section 21 of P.L.1993, c.190 (C.13:19-5.3), i.e., the section of law that granted the Commissioner of Environmental Protection the authority to waive the permit requirements of the "Coastal Area Facility Review Act" (CAFRA), P.L.1973, c.185 (C.13:19-1 et seq.) (the law that regulates certain construction activities in the coastal area) for any development that involves the grading or excavation of a dune by a governmental agency if the commissioner finds that such a waiver is warranted as a result of a storm, natural disaster or similar act of God. 

     The Department of Environmental Protection has the authority under the department's Coastal Permit Program Rules, specifically at N.J.A.C.7:7-1.7, to issue an emergency permit authorization if the department determines that there is an imminent threat to lives or property, or there is the potential for severe environmental degradation, if regulated construction activities are not immediately commenced.  This emergency permit authorization allows the department to immediately authorize regulated activities, such as the grading or excavation of a dune, in order to respond to emergent conditions and protect people, property, and the environment.  This bill does not affect the department's ability to provide emergency permit authorizations.