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May 23, 2012

Re:      ACR-37, Overturning the DEP Waiver Rule

Dear Mayor:

ACR-37, which would overturn DEP’s new waiver rule, is being posted for a vote in the full Assembly tomorrow, May 24.  There is a possibility that it could then be posted in the Senate as early as Thursday, May 31. 

Local officials are often in a unique position when dealing with the DEP.  As regulators, local officials are stewards of our lands, and implement land use and environmental policies at the local level, consistent with the Municipal Land Use Law (MLUL) and various environmental laws and regulations.  At the same time, municipalities are also part of the regulated community, seeking approvals from the Department for approvals to promote economic development, environmental protections, and other sound planning initiatives.  Local officials recognize the need to safeguard our precious natural resources and the need to be flexible so that worthwhile projects can proceed in a timely fashion.

For these reasons, the League supports the waiver proposal and opposes ACR-37, which would determine that the proposed rule is inconsistent with legislative intent. 

We encourage you to contact your state legislators and express your support of the waiver rule and your opposition to ACR-37.

Please do not hesitate to contact us if you have questions or require further information.

Very truly yours,


William G. Dressel, Jr.
Executive Director

Hon. Arthur R. Ondish
Mayor, Mount Arlington Township
President, NJLM




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