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
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.
