Wednesday, March 12, 2008

Disclosure when nature exceeds DEP limits?

Can a municipal planning board require, as a condition of approval, that a developer provide individual deed notices as to the presence of naturally-occurring environmental conditions (such as arsenic levels) that exceed New Jersey Department of Environmental Protection’s unrestricted soil use standard?

Yes, a state appellate court has ruled.

In the blog, New Jersey Zoning Watch, Saul Ewing attorney Philip Morin provides the background to the decision--and discusses its implications. You can read it here.

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