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NEW JERSEY STATUTES AND CODES

13:9B-11 - Determination of public interest

13:9B-11.    Determination of public interest
    In determining whether a proposed regulated activity in any freshwater wetland is in the public interest, the department shall consider the following:

   a.   the public interest in preservation of natural resources and the interest of the property owners in reasonable economic development;

   b.   the relative extent of the public and private need for the proposed regulated activity;

   c.   where there are unresolved conflicts as to resource use, the practicability of using reasonable alternative locations and methods, including mitigation, to accomplish the purpose of the proposed regulated activity;

   d.   the extent and permanence of the beneficial or detrimental effects which the proposed regulated activity may have on the public and private uses for which the property is suited;

   e.   the quality of the wetland which may be affected and the amount of freshwater wetlands to be disturbed;

   f.   the economic value, both public and private, of the proposed regulated activity to the general area; and

   g.   the ecological value of the freshwater wetlands and probable impact on public health and fish and wildlife.

   L. 1987, c. 156, s. 11.

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