New Jersey § 13:13a-14

§ 13:13a-14.

a. The commission shall determine, after a public hearing, or public hearings held

in Hunterdon, Somerset, Mercer, and Middlesex counties respectively, the extent and

limits of the region to be designated the review zone. Any subsequent modification of the review zone shall be made by the commission only

after public hearings in the county or counties in which the modification is to be

made. All public hearings required pursuant to this section shall be held only after giving

prior notice thereof by public advertisement once each week for two consecutive weeks

in such newspaper or newspapers selected by the chairman of the commission as will

best give notice thereof. The last publication of such notice shall be not less than 10 days prior to the

date set for the hearing. b. The commission shall approve all State actions within the review zone that impact

on the park, and insure that these actions conform as nearly as possible to the commission's

master plan and relevant local plans or initiatives. The State actions which the commission shall review will include the operations

of the Division of Water Resources concerning water supply and quality; the Division

of Parks and Forestry in developing recreation facilities; and the activities of

any other State department or agency that might affect the park. c. The commission shall review and approve, reject, or modify any project within the

review zone. The initial application for a proposed project within the zone shall be submitted

by the applicant to the appropriate municipal reviewing agency. If approved by the agency, the application shall be sent to the commission for review. The commission shall review each proposed project in terms of its conformity with,

or divergence from, the objectives of the commission's master plan and shall: (1)

advise the appropriate municipal reviewing agency that the project can proceed as

proposed; (2) reject the application and so advise the appropriate municipal reviewing

agency and the governing body of the municipality; or (3) require modifications or

additional safeguards on the part of the applicant, and return the application to

the appropriate municipal reviewing agency, which shall be responsible for insuring

that these conditions are satisfied before issuing a permit. If no action is taken by the commission within a period of 45 days from the date

of submission of the application to the commission by the municipal reviewing agency,

this shall constitute an approval by the commission. The commission's decision shall be final and binding on the municipality, and the

commission may, in the case of any violation or threat of a violation of a commission's

decision by a municipality, or by the appropriate municipal reviewing agency, as the

case may be, institute civil action (1) for injunctive relief; (2) to set aside and

invalidate a decision made by a municipality in violation of this subsection; or

(3) to restrain, correct or abate such violation. As used herein: (1) “ project ” means any structure, land use change, or public improvements for which a permit

from, or determination by, the municipality is required, which shall include, but

not be limited to, building permits, zoning variances, and excavation permits; and

(2) “ agency ” means any body or instrumentality of the municipality responsible for the issuance

of permits or the approval of projects, as herein defined, which shall include, but

not be limited to, governing bodies, planning and zoning boards, building inspectors,

managers and municipal engineers. d. To the extent that any action the commission takes pursuant to this section may

impact upon or otherwise affect the Highlands Region or the Highlands regional master

plan, as defined in section 3 of P.L.2004, c. 120 ( C.13:20-3 ), the commission shall consult with the Highlands Water Protection and Planning Council,

established pursuant to section 4 of P.L.2004, c. 120 ( C.13:20-4 ), and any such action taken shall be consistent with the Highlands regional master

plan adopted by the council pursuant to that act. e. Notwithstanding the provisions of P.L.1974, c. 118 ( C.13:13A-1 et seq. ), and any rules and regulations adopted pursuant thereto, to the contrary, the commission

is authorized to issue a general permit in lieu of an approval required pursuant to

subsection b. or c. of this section. The commission shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ), rules and regulations that identify the types of projects eligible for a general

permit and establish the criteria for the approval or rejection of a general permit

issued pursuant to this subsection. The commission may authorize, by adoption of a resolution by the affirmative vote

of a majority of the members, the executive director of the commission to approve,

approve with conditions, or reject an application for a general permit issued pursuant

to this subsection in accordance with the provisions of P.L.1974, c. 118 ( C.13:13A-1 et seq. ) and any rules and regulations adopted pursuant thereto.