| NJ Anti-Sprawl Rule Delayed to
Close Loophole
"The new rule was written to limit growth and decrease water pollution by restricting development near high-quality water bodies and requiring [building?] lots to be water-permeable." " ... "as strict an approach we can take without repealing existing permits and applying the rule retroactively ... " September 3, 2003 The Star-Ledger Newark, New Jersey 973-392-4141 To submit a Letter to the Editor: eletters@starledger.com Part of New Jersey Governor James McGreevey's "war on sprawl" will be delayed at least a year for revisions and further public comment. The new rule was written to limit growth and decrease water pollution by restricting development near high-quality water bodies and requiring [building] lots to be water-permeable. The rule was originally expected to take effect this summer, but state officials were alerted to a potential loophole by builders' association lobbyists pushing for broad exemptions. The questionable language, in the grandfathering clause, could be interpreted to mean that developments with preliminary local approval before the rule took effect -- a relatively easy step -- were exempt. The clause has since been rewritten to require developments to have one of four more strict state permits for building near water -- in addition to local approval -- in order to qualify for exemption. Local environmentalists support the revised rule, but want it to take effect more quickly. Some have also expressed concern that the grandfathering clause, even after being strengthened, would exempt too many pending developments. The state Department of Environmental Protection Commissioner, Bradley Campbell, has called the rule "as strict an approach we can take without repealing existing permits and applying the rule retroactively, which we don't think we could defend in court." |