REALsmart

the league for real smart growth

68 So. Main Street, Phillipsburg, N.J. 08865 ~ Phone & Fax  908.454.4141

 

 

July 1, 2006

 

Commissioner Lisa Jackson

New Jersey Department of Environmental Protection 

 

Dear Commissioner Jackson,

 

We the undersigned have concerns regarding the current interpretation of C-1

stream buffers on farmland being converted to non-agricultural uses like residential or commercial subdivisions.

 

NJDEP rules require a 300-foot buffer zone to protect the resource qualities of C-1 waters.  Recognizing the special role of farmers, the rules allow a reduction of the buffer to 150 feet for farming purposes if the land is already "disturbed," meaning not in its natural state.  NJDEP interpretation is presently allowing this buffer reduction to be permanent - even when the land is taken out of agricultural production - and thus allowing construction of buildings in the buffer.

 

We strongly urge that this interpretation be reconsidered.  Where no farm buildings have occupied land, we believe it should not be considered as "disturbed" land when being developed for other uses, and the 300-foot buffer should be enforced.  This would allow the land to return to its natural state and provide the protections for C-1 resources intended by the rules.  Furthermore, the NJ Supreme Court has supported the right of NJDEP to adopt the C-1 protection rules.  There is, therefore, no reason to allow construction in the 300-foot buffer of C-1 waterways and their tributaries.

 

Thank you for your consideration of our comments, and we look forward to your response to our request.

 

Sincerely,

 

Association of New Jersey Environmental Commissions (ANJEC) Sandy Batty, Executive Director

 

Citizens United to Protect the Maurice River and its Tributaries, Inc, Jane Morton Galetto, President

 

Coalition for Affordable Housing and the Environment, Paul Chrystie, Executive Director

 

Delaware Riverkeeper Network, Tracy Carluccio, Special Projects Director

 

Friends of Holland Highlands, Michael Keady, President

 

Friends of Little York, (Hunterdon County). Robert Reid, spokesperson

 

Hackensack Riverkeeper, Capt. Bill Sheehan

 

Musconetcong Watershed Association, Beth Styler Barry, Executive Director

 

New Jersey Audubon Society, Susan Kraham, Director of Policy and Counsel to the President

 

New Jersey Conservation Foundation, Alison Mitchell, Policy Director

 

New Jersey Environmental Federation, David Pringle, Campaign Director

 

New Jersey Highlands Coalition, Julia Somers, Executive Director

 

New Jersey State Federation of Sportsmen's Clubs, George P. Howard , Conservation Director

 

New Jersey State Federation of Women's Clubs, Marjorie Strohsahl

 

Newton Creek Watershed Association, Mark Dill, President

 

New York - New Jersey Trail Conference, Dennis W. Schvejda, Advocacy Director

 

North Byram Concerned Citizens, Scott Olson

 

Phillipsburg Riverview Organization, Reggie Regrut, Executive Director

 

Pinelands Preservation Alliance, Richard Bizub, Director of Water Programs

 

Rancocas Conservancy, Barbara Rich, President

 

Save Barnegat Bay, Willie deCamp, President

 

Sierra Club, N.J. Chapter, Jeff Tittle, Director

 

Skylands CLEAN, Eve Tomczak, Associate Director

 

South Branch Watershed Association, William S.  Kibler, Executive Director

 

Stony Brook-Millstone Watershed Association, Jim Waltman, Executive Director

 

The Upper Raritan Watershed Association, Cindy Ehrenclou

 

Upper Rockaway River Watershed Association, Connie Stroh

 

 

Cc. Mark Mauriello, Assistant Commissioner

       Debbie Mans, Governor’s Office