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Monday, November 21, 2016

IN THE MATTER OF THE PETITION OF SOUTH JERSEY GAS COMPANY FOR A DETERMINATION PURSUANT TO THE PROVISIONS OF N.J.S.A. 40:55D-19./ IN THE MATTER OF THE PETITION OF SOUTH JERSEY GAS COMPANY FOR A CONSISTENCY DETERMINATION FOR A PROPOSED NATURAL GAS PIPELINE A-1685-15T1

IN THE MATTER OF THE PETITION OF SOUTH JERSEY GAS COMPANY FOR A DETERMINATION PURSUANT TO THE PROVISIONS OF N.J.S.A. 40:55D-19./ IN THE MATTER OF THE PETITION OF SOUTH JERSEY GAS COMPANY FOR A CONSISTENCY DETERMINATION FOR A PROPOSED NATURAL GAS PIPELINE A-1685-15T1/A-2705-15T1/A-2706-15T1
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There is sufficient credible evidence in the record to support the decision of the Board of Public Utilities that the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, and any local regulations adopted pursuant to the MLUL shall not apply to a pipeline that South Jersey Gas proposes to construct in the Pinelands, but the Board mistakenly relied upon a decision by the Executive Director of the Pinelands Commission (Commission), who found that construction of the pipeline was consistent with the requirements of the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 to -10.35, because the Executive Director did not have authority to render a final decision for the Commission on that issue. Therefore, the matter is remanded to the Commission for review of the Executive Director's decision, and the Board is directed to issue an

amended order, stating that its approval of the pipeline is conditioned upon issuance by the Commission of a final decision finding that the pipeline satisfies the requirements of the CMP.