reglab/housing_qa huggingface dataset:
NJ Rev Stat § 13:9B-10 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-10 - Rebuttable presumption

13:9B-10. Rebuttable presumption  a. It shall be a rebuttable presumption that there is a practicable alternative to any nonwater-dependent regulated activity that does not involve a freshwater wetland, and that such an alternative to any regulated activity would have less of an impact on the aquatic ecosystem. An alternative shall be practicable if it is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and may include an area not owned by the applicant which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity.  b. In order to rebut the presumption established in subsection a. of this section an applicant for a freshwater wetlands permit must demonstrate the following  (1) That the basic project purpose cannot reasonably be accomplished utilizing one or more other sites in the general region that would avoid, or result in less, adverse impact on an aquatic ecosystem; and  (2) That a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs to that of the project as proposed that would avoid, or result in less, adverse impact on an aquatic ecosystem will not accomplish the basic purpose of the project; and  (3) That in cases where the applicant has rejected alternatives to the project as proposed due to constraints such as inadequate zoning, infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such constraints.  c. In order to rebut the presumption established in subsection a. of this section with respect to wetlands of exceptional resource value, an applicant, in addition to complying with the provisions of subsection b. of this section, must also demonstrate that there is a compelling public need for the proposed activity greater than the need to protect the freshwater wetland that cannot be met by essentially similar projects in the region which are under construction or expansion, or have received the necessary governmental permits and approvals; or that denial of the permit would impose an extraordinary hardship on the part of the applicant brought about by circumstances peculiar to the subject property.  L. 1987, c. 156, s. 10.
NJ Rev Stat § 13:9B-11 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-11 - Determination of public interest

13:9B-11. Determination of public interest  In determining whether a proposed regulated activity in any freshwater wetland is in the public interest, the department shall consider the following:  a. the public interest in preservation of natural resources and the interest of the property owners in reasonable economic development;  b. the relative extent of the public and private need for the proposed regulated activity;  c. where there are unresolved conflicts as to resource use, the practicability of using reasonable alternative locations and methods, including mitigation, to accomplish the purpose of the proposed regulated activity;  d. the extent and permanence of the beneficial or detrimental effects which the proposed regulated activity may have on the public and private uses for which the property is suited;  e. the quality of the wetland which may be affected and the amount of freshwater wetlands to be disturbed;  f. the economic value, both public and private, of the proposed regulated activity to the general area; and  g. the ecological value of the freshwater wetlands and probable impact on public health and fish and wildlife.  L. 1987, c. 156, s. 11.
NJ Rev Stat § 13:9B-12 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-12 - Accessibility to approved site

13:9B-12. Accessibility to approved site  If a freshwater wetlands permit is approved and issued pursuant to the provisions of this act the department shall waive or modify the requirement for a transition area to the extent required to provide access to the site of the approved regulated activity.  L. 1987, c. 156, s. 12.
NJ Rev Stat § 13:9B-13 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-13 - Mitigation of adverse environmental impacts

13:9B-13. Mitigation of adverse environmental impacts  13. a. The department shall require as a condition of a freshwater wetlands permit that all appropriate measures have been carried out to mitigate adverse environmental impacts, restore vegetation, habitats, and land and water features, prevent sedimentation and erosion, minimize the area of freshwater wetland disturbance and insure compliance with the Federal Act and implementing regulations.  b. The department may require the creation, enhancement, or restoration of an area of freshwater wetlands of equal ecological value to those which will be lost, and shall determine whether the creation, enhancement, or restoration of freshwater wetlands is conducted onsite or offsite. The department shall accept and evaluate a proposal to create, enhance, or restore an area of freshwater wetlands only after the department has evaluated the permit application for which the proposal is made, and shall evaluate the proposal to create, enhance, or restore an area of freshwater wetlands independently of the permit application. The department's evaluation of a proposal to create, enhance, or restore an area of freshwater wetlands shall be conducted in consultation with the United States Environmental Protection Agency.  c. If the department determines that the creation, enhancement, or restoration of freshwater wetlands onsite is not feasible, the department, in consultation with the United States Environmental Protection Agency, may consider the option of permitting: the creation of freshwater wetlands or the enhancement or restoration of degraded freshwater wetlands offsite on private property with the restriction on these freshwater wetlands of any future development; the protection of transition areas or upland areas offsite, on private property, that are deemed by the department to be valuable for the protection of a freshwater wetlands ecosystem, with the restriction on these areas of any future development; or the making of a contribution to the Wetlands Mitigation Bank. The contribution shall be equivalent to the lesser of the following costs: (1) purchasing, and enhancing or restoring, existing degraded freshwater wetlands, resulting in preservation of freshwater wetlands of equal ecological value to those which are being lost; or (2) purchase of property and the cost of creation of freshwater wetlands of equal ecological value to those which are being lost. The applicant may also donate land as part of the contribution if the Wetlands Mitigation Council determines that the donated land has potential to be a valuable component of the freshwater wetlands ecosystem. The department shall permit the donation of land as a part of the contribution to the Wetlands Mitigation Bank only after determining that all alternatives to the donation are not practicable or feasible.  L.1987,c.156,s.13; amended 1993,c.298,s.5.
NJ Rev Stat § 13:9B-13.1 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-13.1 - Permit not required for certain restoration work on manmade drainage ditch.

13:9B-13.1 Permit not required for certain restoration work on manmade drainage ditch.  35. Notwithstanding any rules or regulations to the contrary, no permit shall be required of a county or municipality by the Department of Environmental Protection for the purpose of performing restoration work on any manmade drainage ditch located in the jurisdiction, provided that the restoration activity does not deviate in any manner from the original cross sectional area and location. For the purposes of this section, "ditch" means a linear topographic depression with bed and banks of human construction which conveys water to or from a site, but does not include channelized or redirected water courses. L.2000,c.126,s.35.
NJ Rev Stat § 13:9B-14 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-14 - Wetlands Mitigation Bank; council membership

13:9B-14. Wetlands Mitigation Bank; council membership  a. There is established in the Executive Branch of State Government the Wetlands Mitigation Bank. For the purpose of complying with Article V, section IV, paragraph 1 of the New Jersey Constitution, the bank is allocated within the Department of Environmental Protection but, notwithstanding this allocation, the bank shall be independent of any supervision or control by the department or the commissioner, or any other officer or employee thereof.  b. The bank shall be governed by the Wetlands Mitigation Council which shall comprise seven members as follows: the Commissioner of Environmental Protection, who shall serve ex officio; and six members of the general public to be appointed by the Governor with the advice and consent of the Senate, two of whom shall be appointed from persons recommended by recognized building and development organizations; two of whom shall be appointed from persons recommended by recognized environmental and conservation organizations; and two of whom shall be appointed from institutions of higher learning in the State. Each of the members appointed from the general public shall serve for a term of three years and until a successor is appointed and qualified, except that of the members first appointed, two shall serve terms of one year, and two shall serve terms of two years. All vacancies, except those created through the expiration of term, shall be filled for the unexpired term only, and in the same manner, and with a member having the same class, as the original appointment. Each member shall be eligible for reappointment, but may be removed by the Governor for cause.  c. A majority of the membership of the council shall constitute a quorum for the transaction of council business. Action may be taken and motions and resolutions adopted by the council at any meeting thereof by the affirmative vote of a majority of the full membership of the council.  d. The Governor shall appoint a chairman from the public members and the council may appoint such other officers as may be necessary. The council may appoint such staff or hire such experts as it may require within the limits of appropriations made for these purposes.  e. Members of the council shall serve without compensation, but may be reimbursed for expenses necessarily incurred in the discharge of their official duties.  f. The council may call to its assistance such employees as are necessary and made available to it from any agency or department of the State or its political subdivisions.  g. The council may adopt, pursuant to the "Administrative Procedure Act," and in consultation with the department, any rules and regulations necessary to carry out its responsibilities.  L. 1987, c. 156, s. 14.
NJ Rev Stat § 13:9B-15 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-15 - Powers of Wetlands Mitigation Council

13:9B-15. Powers of Wetlands Mitigation Council  15. a. The Wetlands Mitigation Council shall be responsible for disbursements of funds from the bank to finance mitigation projects. The council shall have the power to purchase land to provide areas for the enhancement or restoration of degraded freshwater wetlands, to engage in the enhancement or restoration of degraded freshwater wetlands on any public lands, including public lands other than those acquired by the bank, and to preserve freshwater wetlands and transition areas determined to be of critical importance in protecting freshwater wetlands. The council shall assist the department in preparing the portions of the report required pursuant to section 29 of this act which pertain to mitigation.  b. The council may contract with nonprofit organizations, the Division of Fish, Game and Wildlife in the department, the United States Fish and Wildlife Service, and other appropriate agencies to carry out its responsibilities, and may aggregate mitigation actions to achieve economies of scale. Any contract proposed by the council pursuant to this subsection shall be subject to review and approval by the United States Environmental Protection Agency.  c. The council, in consultation with the United States Environmental Protection Agency, may transfer any funds or lands restricted by deed, easement or other appropriate means to mitigation and freshwater wetlands conservation purposes, to a state or federal conservation agency that consents to the transfer, to expand or provide for:  (1) Freshwater wetlands preserves; (2) Transition areas around existing freshwater wetlands to preserve freshwater wetland quality;  (3) Future mitigation sites for freshwater wetlands enhancement, restoration, or other mitigation efforts; or  (4) Research to enhance the practice of mitigation. L.1987,c.156,s.15; amended 1993,c.298,s.6.
NJ Rev Stat § 13:9B-16 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-16 - Transition areas

13:9B-16. Transition areas  a. There shall be transition areas adjacent only to freshwater wetlands of exceptional resource value and of intermediate resource value. A transition area shall serve as:  (1) An ecological transition zone from uplands to freshwater wetlands which is an integral portion of the freshwater wetlands ecosystem, providing temporary refuge for freshwater wetlands fauna during high water episodes, critical habitat for animals dependent upon but not resident in freshwater wetlands, and slight variations of freshwater wetland boundaries over time due to hydrologic or climatologic effects; and  (2) A sediment and storm water control zone to reduce the impacts of development upon freshwater wetlands and freshwater wetlands species.  b. The width of the transition area shall be determined by the department as follows:  (1) No greater than 150 feet nor less than 75 feet for a freshwater wetland of exceptional resource value;  (2) No greater than 50 feet nor less than 25 feet for a freshwater wetland of intermediate resource value.  c. The minimum width of a transition area established pursuant to this section may be further reduced consistent with a transition area averaging plan approved under section 18 of this act.  L. 1987, c. 156, s. 16.
NJ Rev Stat § 13:9B-19 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-19 - Consideration for tax purposes

13:9B-19. Consideration for tax purposes  If the department denies an application for a freshwater wetlands permit, the owner of record of the property affected may request, and the local tax assessor shall provide, that this fact be taken into account when the property is valued, assessed, and taxed for property tax purposes.  L. 1987, c. 156, s. 19.
NJ Rev Stat § 13:9B-20 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-20 - Administrative hearing

13:9B-20. Administrative hearing  An applicant for a freshwater wetlands permit issued pursuant to this act may request the commissioner for an administrative hearing on any decision to issue or deny a permit made by the department pursuant to this act. Upon receipt of such a request, the commissioner shall refer the matter to the Office of Administrative Law, which shall assign an administrative law judge to conduct a hearing on the matter in the form of a contested case pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.). Within 45 days of receipt of the administrative law judge's decision, the commissioner shall affirm, reject, or modify the decision. The commissioner's action shall be considered the final agency action for the purposes of the "Administrative Procedure Act," and shall be subject only to judicial review as provided in the Rules of Court.  L. 1987, c. 156, s. 20.
NJ Rev Stat § 13:9B-22 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-22 - Taking without just compensation

13:9B-22. Taking without just compensation  a. Any person having a recorded interest in land affected by a freshwater wetlands permit issued, modified or denied pursuant to the provision of this act may file an action in a court of competent jurisdiction to determine if the issuance, modification or denial of the freshwater wetlands permit constitutes a taking of property without just compensation.  b. If the court determines that the issuance, modification, or denial of a freshwater wetlands permit by the department pursuant to this act constitutes a taking of property without just compensation, the court shall give the department the option of compensating the property owner for the full amount of the lost value, condemning the affected property pursuant to the provisions of the "Eminent Domain Act of 1971," P.L. 1971, c. 361 (C. 20:3-1 et seq.), or modifying its action or inaction concerning the property so as to minimize the detrimental effect to the value of the property.  L. 1987, c. 156, s. 22.
NJ Rev Stat § 13:9B-24 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-24 - Temporary emergency permit

13:9B-24. Temporary emergency permit  a. Notwithstanding the provisions of this or any other act to the contrary, the department may issue a temporary emergency freshwater wetlands permit for a regulated activity if:  (1) An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; and  (2) The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this act and other applicable State law.  b. The emergency permit shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for non-emergency regulated activities under this act and shall:  (1) Be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days;  (2) Require the restoration of the freshwater wetland within this 90 day period, except that if more than the 90 days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration.  c. The emergency permit may be issued orally or in writing, except that if it is issued orally, a written emergency permit shall be issued within five days thereof.  d. Notice of the issuance of the emergency permit shall be published and public comments received, in accordance with the provisions of the Federal Act, and applicable State law, provided that this notification shall be sent no later than 10 days after issuance of the emergency permit.  e. The emergency permit may be terminated at any time without process upon a determination by the department that this action is appropriate to protect human health or the environment.  L. 1987, c. 156, s. 24.
NJ Rev Stat § 13:9B-25 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-25 - Rules, regulations

13:9B-25. Rules, regulations  a. Within 10 months of the enactment of this act, and after a 60 day comment period, the department shall adopt, pursuant to the provisions of the "Administrative Procedure Act," any rules and regulations necessary to implement the provisions of this act. These rules and regulations shall include the general permits which the department will issue pursuant to section 23 of this act.  b. Within one year of the enactment of this act, the department shall adopt, in consultation with the United States Environmental Protection Agency, a list of vegetative species classified as hydrophytes, as defined in section 3 of this act, indicative of freshwater wetlands and consistent with the geographical regions of the State.  c. The department shall develop a functional, complete, and up to date composite freshwater wetlands map and inventory using the most recent available data, which shall include, but need not be limited to, aerial photographs and soil inventories at a scale suitable for freshwater wetlands regulatory purposes, and shall make appropriate sections of this map and inventory available on a periodic basis to the county clerk or register of deeds and mortgages in each county, as appropriate, and to the clerk of each municipality.  L. 1987, c. 156, s. 25.
NJ Rev Stat § 13:9B-26 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-26 - Distribution of National Wetlands Inventory maps

13:9B-26. Distribution of National Wetlands Inventory maps  The department shall, within 180 days of enactment of this act, forward to the clerk of each municipality copies of the appropriate National Wetlands Inventory maps for the State prepared by the United States Fish and Wildlife Service and direct the clerk to notify the residents of the municipality of the availability for inspection of these maps, by publication in a newspaper of general circulation. The department shall inform the clerk of each municipality that these maps have not been determined to be accurate for the purposes of locating the actual wetlands boundary, and that the department will be preparing a composite freshwater wetlands map and inventory at the specified uniform scale.  L. 1987, c. 156, s. 26.
NJ Rev Stat § 13:9B-27 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-27 - Assumption of permit jurisdiction

13:9B-27. Assumption of permit jurisdiction  a. The department and the Attorney General shall take all appropriate action to secure the assumption of the permit jurisdiction exercised by the United States Army Corps of Engineers pursuant to the Federal Act. The department shall make an initial application to the United States Environmental Protection Agency for this assumption within one year of enactment of this act, and shall provide the Governor and the Legislature with a schedule therefor and a copy of the application and supporting material forwarded to the federal government.  b. The department shall utilize, to the maximum extent practicable and feasible, forms and procedures for permit applications which are identical to those used by the United States Army Corps of Engineers in issuing permits under the Federal Act.  c. The department shall seek to conduct the review of an application for a freshwater wetlands permit in conjunction with federal personnel responsible for reviewing an application for a permit under the Federal Act.  d. It is the intention of the Legislature that the permit process imposed in this act be conducted by the department concurrently with the review conducted by the federal government until such time as the department secures assumption of the permit jurisdiction exercised by the United States Army Corps of Engineers.  L. 1987, c. 156, s. 27.
NJ Rev Stat § 13:9B-28 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:9B-28 - Public education program

13:9B-28. Public education program  The department shall, within one year of the effective date of this act, conduct a public education program on the provisions of this act and the rules and regulations adopted pursuant hereto.  L. 1987, c. 156, s. 28.