New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.15 - Requirements for a land donation

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				If the Department determines that a land donation is the appropriate mitigation
				alternative, the mitigator shall apply to the Wetlands Mitigation Council for
				approval of the particular parcel of land to be donated.
(b) The Council shall approve the proposed
				parcel of land to be donated only if the amount of land to be donated is
				sufficient to ensure that the functions and values provided by the donated land
				will fully compensate for the loss of functions and values caused by the
				disturbance.
(c) If a proposed
				parcel to be donated is also being donated or otherwise restricted in order to
				satisfy requirements of another government agency, the Council shall not
				approve the donation unless the applicant also enhances or restores wetlands on
				the parcel. For example, if land is required by a municipality to be preserved
				as open space, the Council shall only approve the parcel for a land donation if
				the applicant also performs wetlands restoration or enhancement in accordance
				with this subchapter. If restoration or enhancement cannot be performed on the
				parcel, the Council shall not accept the parcel as a land donation.
(d) The Council shall approve the proposed
				parcel of land to be donated only if the applicant demonstrates that the land
				has the potential to be a valuable component of a wetland ecosystem. The
				Council shall evaluate each parcel to determine its potential on a case-by-case
				basis, taking into consideration the following:
1. The parcel shall be at least five acres in
				size, or shall be immediately adjacent to a protected natural area, such as a
				State wildlife management area;
2.
				The parcel shall not be adversely affected by solid waste, hazardous waste, or
				air, water, or soil pollution;
3. A
				functional comparison between the impacted wetland system and the wetland
				system proposed for donation; and
4. The parcel shall meet at least one, and
				preferably several, of the following criteria:
i. Contains exceptional resource value
				wetlands;
ii. Contains critical
				habitat for flora or fauna;
iii.
				Contains wetlands or waters draining to FW1 or category one waters, as defined
				at
N.J.A.C. 7:9B
, or into public drinking water
				sources;
iv. Contains wetlands or
				waters that connect one public open space or significant natural resource to
				another public open space or significant natural resource. For example, a
				parcel containing a stream that runs through two wildlife preserves that are
				not adjacent;
v. Is adjacent to
				public lands containing wetland preserves, such as a Federal wildlife refuge, a
				State wildlife management area, a State park or forest, or a State, county, or
				local wetland preservation area, or wetland preservation areas held by a
				charitable conservancy; or
vi. Has
				unique aspects or characteristics that contribute to its ecological value, such
				as an unusual or regionally rare type of wetland.