ENVIRONMENTAL SURVEY UPDATE ARTICLES
NJ CAFRA LAW-PROPOSED CHANGES
The Department of Environmental Protection has proposed regulations that will funnel coastal growth into cities and towns - and away from ecologically sensitive areas. The proposal will effectively shift the battle over Shore protection from the developed barrier islands to the coast's back bays and back woods. "Those rural areas still stand a chance of being protected", says Andersen, the South Jersey director for the American Littoral Society. But critics say proposed new regulations - due to take effect in late 1999 will unleash battles over "takings." This is the legal argument used by property owners who say state growth controls strip away their rights to develop and enjoy their land.
The plan will implement 5-year-old amendments to the state's Coastal Area Facility Review Act (CAFRA). It is one of the most drastic steps the state has taken in 25 years of mostly ineffective attempts to control growth along New Jersey's economically vital coastline. Supporters say coastal wetlands and upland forests help make the Shore the popular tourist destination it is, that visitors want more than just boardwalks and the beach houses.
Environmentalists hope the states open space funding plan, approved by voters in the November 3 election, will compensate landowners who are unable to build their land - and avert takings battles. New Jersey has already lost about 40 percent of its coastal wetlands to development, including marshes filled in during the 1970s to create Mystic Island. State and federal laws now prohibit such large-scale filling of wetlands. But duplexes, upscale housing developments and single family homes are continually being squeezed in between older homes around this community.
Scientists blame wetlands loss and degradation in part for declines in catches experienced by commercial fishermen. Many species, including flounder, weakfish and striped bass, spawn in these wetlands before heading out to sea. Pollution-sensitive scallops and oysters are all but gone in most back bays and sounds. Clamming must be carefully managed to avoid contamination. New Jersey's proposed coastal regulations would rely on complex formulas to curtail development in ecologically sensitive areas such as the uplands flanking Barnegat and Great Bays. These formulas restrict "impervious cover" - including roads, parking lots, driveways and buildings - based on an area's ecological sensitivity and past development patterns.
The formulas will channel growth into 102 already developed cities, towns and villages, such as Atlantic City, Ocean City, Cape May Court House, Absecon and Somers Point. But in the most highly protected areas, builders may need as much as seven acres for every house built. Individual property owners may be surprised to find that building even a single house could trigger the restrictive density requirements.
When crafting the original CAFRA law in 1973, the Legislature included a provision requiring all determinations of zoning densities to be based on tax maps existing at the time. Property owners who have waited to build may find their properties virtually worthless if they are unable to purchase adjacent land and meet the state's guidelines. The state Department of Environmental Protection has scheduled public meetings on proposed regulations to control coastal growth. Written comments may be sent by February 8 to Janis Hoagland, Office of Legal Affairs, New Jersey Department of Environmental Protection, P.O. Box 402, Trenton 08625, attention docket 32-98-11/680.
A copy of the proposed regulation is available on 31/2-inch computer diskette by calling 292-1254. It is available at the DEP's Web site: www.state.nj.us/DEP.
(Courier Post, November 29, 1998)
