The exception to the warrant requirement for administrative inspections of commercial property in a closely regulated business recognized in New York v.Burger, 482 U.S. 691 (1987), does not apply to a regulatory inspection of residential property under the FWPA. Land subject to FWPA restrictions, which by law must be recorded, is subject to the statutory, reasonable right of entry and inspection. In exercising that right, the DEP must comply with its processes, which require presentation of credentials before seeking consent to entry at reasonable times. If entry is denied, the Commissioner may order that entry be provided and the DEP is entitled to judicial process to compel access to the property subject to the permit. Here, even excluding Nystrom’s testimony about his inspection, there was sufficient evidence to sustain the finding of a violation of the FWPA. 4-4-13
