Posted on August 15, 2016
By Al Campbell, Cape May County Herald.com
A bill sponsored by Sens. Jeff Van Drew (D-1st) and James Whelan (D-2nd) (S2369) was on the freeholder agenda for support at the board’s Aug. 9 meeting. The bill would limit the application of Department of Environmental Protection (DEP) shellfish habitat rules for certain dredging activities.
While the freeholder resolution was likely to pass, it is unknown what its fate will be in Trenton. Introduced June 16, the bill would prohibit the DEP from requiring a person to comply with requirements of certain state regulations concerning shellfish habitat, when that person applies to the department for any permit of other approval to dredge.
The bill would apply to:
* The established footprint of a functioning marina that is in operation on the date of passage of the law.
* Along a 75-foot wide direct channel between the existing functioning marina and its docks and the closest state or federal navigation channel serving the area of the marina.
* Within 250 feet of a vertical timber or other bulkhead supporting an upland development with a water-dependent use.
A person dredging as permitted under the bill could dredge only the area of the bay floor that is essential to the water-dependent use of the development existing on the date of enactment of the bill into law.
The bill would not apply to new development or to an expansion of any water-dependent use at the existing development.
The person dredging under the bill would have to obtain all other permits and approvals for the dredging as required by state or federal law.
Source: Cape May County Herald.com
