News & Analysis as of

Wetlands Local Ordinance

Mitchell, Williams, Selig, Gates & Woodyard,...

Is a Wetland Mitigation Project Permitted in an Area Zoned "Agricultural Residential"?: New Jersey Appellate Court Opinion

A New Jersey appellate court addressed in a July 31st opinion whether a wetlands mitigation project is permitted in an agricultural residential zone. See Baduini v. Land Use Bd. Of Independence Township Docket No.,...more

Beveridge & Diamond PC

Conservation Commission Retains Authority to Regulate under Stricter Local Law Despite MassDEP Superseding Order of Conditions

Beveridge & Diamond PC on

The Massachusetts Appeals Court recently held that a Superseding Order of Conditions issued by the MassDEP under the Wetlands Protection Act (WPA) does not divest a municipal Conservation Commission from all authority to...more

Holland & Knight LLP

Court of Appeal Upholds Issuance of Erosion-Control Permit as Ministerial and Exempt from CEQA

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In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more

Beveridge & Diamond PC

Local Wetlands Bylaw Decision Survives Pre-emption Challenge

The Massachusetts Appeals Court has again upheld the validity of a local conservation commission’s ruling under a local wetlands bylaw notwithstanding that the commission’s partial reliance on the State Wetland Protection Act...more

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