Does the New Jersey Department of Environmental Protection (DEP) have the right to inspect private property covered by the state’s Wetlands Protection Act when they have grounds to suspect a violation has occurred?

Yes, the state’s Supreme Court ruled yesterday, but with conditions.

The Philadelphia Inquirer‘s Chris Mondics reports today:

The court said in a unanimous opinion that homeowners and others who acquire permits under the state Freshwater Wetlands Protection Act agree as part of the process to allow such inspections, so long as they are conducted at reasonable times.

 In its 56-page opinion, the court said the government’s right to search for wetlands violations carries restrictions. Environmental officials may not forcibly enter a property and in cases where there is a dispute, must first seek an order from the Department of Environmental Protection commissioner. The homeowner has the right to contest that in court, but there is a heavy presumption in favor of the state, the Supreme Court said.

"In view of the vital importance of protecting freshwater wetlands in New Jersey, privacy expectations . . . are diminished," the court said. "In effect, a property owner receives the right to develop restricted land in exchange for giving the right of reasonable entry to the DEP to inspect."

In his NJ Spotlight story covering the decision, environmental reporter Tom Johnson writes:

The case was far from simple. The court decision had several caveats, which some conservationists believe could make it harder for the agency to enforce the wetlands law, and possibly other environmental statues.

Related environmental news stories:
NJ high court: DEP OK to fine Hunterdon couple
New Hampshire Company Fined for ‘Largest Illegal Wetlands Fill’
Great Lakes wetlands may mitigate climate change

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Two organizations you would not expect to see sharing a news release today did.

Dave Matthews

The NY/NJ Baykeeper, the environmental group dedicated to protecting and restoring the Hudson and Raritan estuary, announced it has received a $16,057 grant from the Dave Mathews Band‘s Bama Works Fund, through its special Hurricane Sandy Relief
grants.

The funding will be used to relocate and rebuild Baykeeper’s
Aquaculture Facility that was destroyed by Superstorm Sandy. The group said the funding also will it to achieve our goal to place 50,000 research oysters in
the waters of Naval Weapons Station Earle.  


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For thorough coverage of environmental news, issues, legislation and regulation in NJ, PA, NY & DE, try a FREE subscription to EnviroPolitics. Our daily newsletter also tracks NJ & PA environment and energy bills–from introduction to enactment
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The Baykeeper’s news release provides the following details:

Baykeeper’s Aquaculture facility
houses its 450 gallon tanks used for setting oyster larvae onto shell for
oyster restoration projects. Once the oyster larvae have been set on the shell,
and grown for about two months, they are ready for release onto newly
established oyster beds, or reefs, around the region.  

 In August 2010, NJ DEP, because
of alleged concerns about poaching, banned research, restoration, and education
projects using oysters in waters where shellfish harvesting is
prohibited.  As a result, Baykeeper approached the Navy about placing
oyster nets at Naval Weapons Station (NWS) Earle, which is under 24/7 security,
and therefore eliminates any poaching risk. 

 Oyster survival research
began at NWS Earle in October, 2011. Baykeeper and its research partner,
Rutgers University, recently received a permit from New Jersey Department
of Environmental Protection to utilize 10.7 acres of Navy property
for oyster restoration and research.  Because NWS Earle is the only
research site available to Baykeeper, the aquaculture facility is moving from Highlands
and being rebuilt on NWS Earle property.  This summer Baykeeper will place
50,000 research oysters in the waters of NWS Earle.  

 “Our oyster research is
continually supported by acts of generosity,” said Meredith Comi, Oyster
Restoration Program Director. “Bama Works is helping us to rebuild
and NWS Earle is the new home for our research. We are so grateful,” Comi
added.  

Oysters are filter feeders that
can filter up to 50 gallons of water per day, removing pollutants.  By
filtering particles out of the water, oysters reduce turbidity which promotes
plant life. They are vital to the ecological integrity of the Hudson-Raritan
Estuary and Baykeeper has been working to restore oyster beds in NY and NJ
waters since 1999. Oysters naturally build up in reefs that provide refuge for
juvenile fish and protect the shoreline by dampening storm energy and
preventing erosion.