NJAS Opinion: January 2000

Governor Christine Todd Whitman
State House
Trenton, New Jersey 08625

Dear Governor Whitman:

As a committee representing New Jersey environmental organizations, we have
worked for many months with staff of the NJDEP to strengthen New Jersey's
Coastal Area Facility Review Act(CAFRA) following amendments passed by the
legislature.

Our goal has been to support adoption of rules that would protect sensitive
coastal habitats by concentrating development where it makes sense and
preventing sprawl out into areas where a combination of low densities and
open space would preserve valuable habitats in New Jersey's coastal
counties.

This is consistent with concepts of "smart growth" and with the opinions of
residents who see the major failure of the state to be the lack of planning
to stop sprawl and manage growth (The Star-Ledger/Eagleton-Rutgers Poll,
December 19, 1999).

We oppose the rules under consideration because they fail to establish
sufficient measures necessary to protect New Jersey's coastal environment.
Of special concern are weak coordination between CAFRA and the State Plan,
lax impervious coverage limitations in Planning Areas 4 and 5, and no
commitment from you to work with us in the legislature and out among the
public to close the 24-unit CAFRA loophole. Further, the level of growth on
the coast ratified by these rules will lead to water demands that exceed
regional limits and jeopardize the Pinelands aquifer.

We believe that the rules perpetuate too many of the weaknesses of the
original CAFRA. At each iteration of the rules -- there have been three --
we feel we have compromised away strong points: impervious surface coverage
limitations have been weakened; municipalities have been signaled that the
availability of state funding for infrastructure need not be based on sound
planning at the local level; and newly proposed sector permits will allow,
indeed, may encourage, accelerated growth outside of centers. Earlier rule
changes have diluted the efficacy of public hearings and environmental
impact statements for CAFRA permits, and third-party appeals have been
banned. As a result, development in the CAFRA region continues to sprawl.

New Jersey needs effective coastal land use planning, protective rules, and
loophole closure.

Sincerely,

D. W. Bennett Dave Pringle

American Littoral Society NJ Environmental Federation

Bill Neil Carleton Montgomery

NJ Audubon Society Pinelands Preservation Alliance

Ed Lloyd Marie Curtis

Rutgers Env. Law Clinic NJ Environmental Lobby

Curtis Fisher

NJ Public Interest Research Group Citizen Lobby