Pursuant to the Hackensack Meadowlands Reclamation and Development Act, N.J.S.A. 13:17-1 et seq. the New Jersey Meadowlands Commission (NJMC) has been given the responsibility for land use planning and permitting within the Hackensack Meadowlands District (District) and is also the lead planning agency in the District.
The New Jersey Department of Environmental Protection (NJDEP) has been given responsibility for regulating activities occurring in state tidal waters; pursuant to the Waterfront Development Law (N.J.S.A. 12:5-3) and is also responsible for regulating activities within the 100-year floodplain pursuant to the Flood Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.)
In addition, The NJDEP is also responsible for issuing Water Quality Certificates for activities which may result in a discharge into navigable waters including the discharge of dredged or fill material under Section 401 of the Clean Water Act, at 33 U.S.C. §1341, and implementing state regulations as well as implementing the New Jersey Coastal Management Program. The approved Coastal Zone Management Plan includes the District. This means that NJDEP is responsible for issuing all Federal Consistency determinations for Federal actions within or affecting New Jersey's coastal zone. Federal actions, as further defined at 15 CFR 930, are Federal agency activities, Federal license and permit activities and Federal financial assistance to State and local governments.
Because of these conflicting mandates it was necessary for the NJMC and NJDEP to come to an agreement as to how projects would be reviewed in the District. This agreement is memorialized in the Memorandum of Agreement (MOA) between the NJDEP and Hackensack Meadowlands.