reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 15 - USE RULES › Section 7:7-15.14 - High-rise structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				High-rise structures are structures which are more than six stories or more
				than 60 feet in height as measured from existing preconstruction ground
				level.
(b) The standards for
				high-rise structures are as follows:
1.
				High-rise structures are encouraged to locate in an urban area of existing high
				density, high-rise and/or intense settlements;
2. High-rise structures within the view of
				coastal waters shall be separated from coastal waters by at least one public
				road or an equivalent area (at least 50 feet) physically and visually open to
				the public except as provided by
				7:7-9.46;
3. Where the high-rise structure is a
				building or complex of buildings that comprises both a low-rise component(s)
				that is six stories or 60 feet or less in height as measured from
				preconstruction ground level and a component(s) that is more than six stories
				or more than 60 feet in height as measured from existing preconstruction ground
				level, the longest lateral dimension of each component that is more than six
				stories or more than 60 feet in height as measured from existing
				preconstruction ground level must be oriented perpendicular to the beach or
				coastal waters. This restriction does not apply to a high-rise structure that
				is located in the Redevelopment Zone of the City of Long Branch and authorized
				pursuant to the Long Branch Redevelopment Zone Permit at N.J.A.C.
				7:7-7;
4. To the maximum extent
				practicable, the proposed structure must not block the view of dunes, beaches,
				horizons, skylines, rivers, inlets, bays, or oceans that are currently enjoyed
				from existing residential structures, public roads, or pathways;
5. High-rise structures outside of the Hudson
				River waterfront special area as defined by
				7:7-9.46 shall not overshadow the
				dry sand beach between 10:00 A.M. and 4:00 P.M. between June 1 and September
				20, and shall not overshadow waterfront parks year round;
6. The proposed structure must be in
				character with the surrounding transitional heights and residential densities,
				or be in character with a municipal comprehensive development scheme requiring
				an increase in height and density which is consistent with all applicable
				sections of this chapter;
7. The
				proposed structure must not have an adverse impact on air quality, traffic, and
				existing infrastructure; and
8. The
				proposed structure must be architecturally designed so as to not cause
				deflation of the beach and dune system or other coastal environmental waterward
				of the structure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to satisfying the location and use rules, a
				  proposed development must satisfy the requirements of this subchapter. This
				  subchapter contains the standards the Department utilizes to analyze the
				  proposed development in terms of its effects on various resources of the built
				  and natural environment of the coastal zone, both at the proposed site as well
				  as in its surrounding region.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.2 - Marine fish and fisheries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Marine
				fish are marine and estuarine animals other than marine mammals and birds.
				Marine fisheries means:
1. One or more stocks
				of marine fish which can be treated as a unit for the purposes of conservation
				and management and which are identified on the basis of geographical,
				scientific, technical, recreational and economic characteristics; and
2. The catching, taking or harvesting of
				marine fish.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.4 - Surface water use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Surface water
				is water in lakes, ponds, streams, rivers, bogs, wetlands, bays, and ocean that
				is visible on land.
(b) Coastal
				development shall demonstrate that the anticipated surface water demand of the
				facility will not exceed the capacity, including phased planned increases, of
				the local potable water supply system or reserve capacity, and that
				construction of the facility will not cause unacceptable surface water
				disturbances, such as drawdown, bottom scour, or alteration of flow patterns.
1. Coastal development shall conform with all
				applicable Department and, in the Delaware River Area, Delaware River Basin
				Commission requirements for surface water diversions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.5 - Groundwater use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Groundwater is
				all water within the soil and subsurface strata that is not at the surface of
				the land. It includes water that is within the earth that supplies wells and
				springs.
(b) Coastal development
				shall demonstrate, to the maximum extent practicable, that the anticipated
				groundwater withdrawal demand of the development, alone and in conjunction with
				other groundwater diversions proposed or existing in the region, will not cause
				salinity intrusions into the groundwaters of the zone, will not degrade
				groundwater quality, will not significantly lower the water table or
				piezometric surface, or significantly decrease the base flow of adjacent water
				sources. Groundwater withdrawals shall not exceed the aquifer's safe yield.
1. Coastal development shall conform with all
				applicable Department and, in the Delaware River Basin, Delaware River Basin
				Commission requirements for groundwater withdrawal and water diversion
				rights.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.6 - Stormwater management

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a
				project or activity meets the definition of "major development" at
N.J.A.C. 7:8-1.2
, then the
				project or activity shall comply with the Stormwater Management rules at
N.J.A.C. 7:8
.
(b)
				Rationale: The Stormwater Management Rules (
N.J.A.C. 7:8
)
				specify standards for State, municipal, and regional stormwater management.
				These rules provide minimum Statewide runoff techniques, as well as special
				protection measures for environmentally sensitive water and land areas. Because
				development and land use activities contribute greatly to the types and amount
				of pollutants that are found in stormwater runoff, it is appropriate for major
				development projects in the coastal zone to comply with the Stormwater
				Management Rules' standards.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.7 - Vegetation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Vegetation is
				the plant life or total plant cover that is found on a specific area, whether
				indigenous or introduced by humans.
(b) Coastal development shall preserve, to
				the maximum extent practicable, existing vegetation within a development site.
				Coastal development shall plant new vegetation, particularly appropriate
				coastal species, native to New Jersey to the maximum extent
				practicable.
(c) Rationale: The
				steady loss of vegetation is a nearly inevitable result of urbanization.
				Terrestrial vegetation stabilizes soil, retards erosion and runoff, promotes
				infiltration of surface water, reduces the force of wind, provides food,
				shelter and breeding sites for wildlife, and adds to aesthetic values for
				recreation and domestic life. Trees release life-giving oxygen, filter
				particulate pollutants, provide foods and fuel, with no energy input necessary
				by man. Because each site is unique, the degree of vegetation preservation
				required will depend upon the environmental conditions within and adjacent to
				the development site. In general, the greater the intensity of development
				permitted, the less vegetation preservation required.
"Appropriate native coastal species" means that species
				  selection must reflect the natural physiological limitations of species to
				  survive in distinct habitats, which include all environmental processes
				  (natural and artificial) that operate within a site. Non-suitable species
				  plantings will do poorly or die, or, if preserved through an intensive
				  maintenance program of pH adjustment fertilization and irrigation, will cause
				  unacceptable ground and surface water impacts. New vegetative plantings should
				  reflect regional geophysical suitability. Illustrative appropriate species can
				  be grouped into three categories:
(i)
				Barrier Beach Sites - Plants tolerant of salt spray and occasional saline
				flooding, such as American holly, red cedar, black cherry, beach plum, beach
				grass, bayberry, beach heather, etc.
(ii) Pine Barrens Sites - Plants tolerant of
				infertile sandy soils, frequent fires, and acidic water, such as pitch and
				short-leaf pines, Atlantic white-cedar, dogwood, American holly, oaks,
				blueberry, etc.
(iii) Inner Coastal
				Plain and Southern Outer Coastal Plain - Plants compatible with fertile, well
				drained soils; such as oaks, beech, hickory, dogwood, black cherry, white pine,
				gray birch, laurel, etc.
(iv)
				Piedmont Sites - Oak, hickory, beech, ash, elm, hemlock, dogwood and laurel
				cherry.
Within these regional groupings, the selection of individual
				  species should take into consideration the depth to seasonal high groundwater
				  table. Species which provide food for wildlife or other desirable traits are
				  favored for new planting.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.8 - Air quality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				protection of air resources refers to the protection from air contaminants that
				injure human health, welfare or property, and the attainment and maintenance of
				State and Federal air quality goals and the prevention of degradation of
				current levels of air quality.
(b)
				Coastal development shall conform to all applicable State and Federal
				regulations, standards and guidelines and be consistent with the strategies of
				New Jersey's State Implementation Plan (SIP). See N.J.A.C. 7:27 and New Jersey
				SIP for ozone, particulate matter, sulfur dioxide, nitrogen dioxide, carbon
				monoxide, lead, and visibility.
(c)
				Coastal development shall be located and designed to take full advantage of
				existing or planned mass transportation infrastructures and shall be managed to
				promote mass transportational services, in accordance with the traffic rule,
				7:7-16.12.
(d) Rationale: Air quality is adversely
				affected by the contaminants emitted into the atmosphere as by-products of
				human activities, especially fuel-burning. Air contaminants not only cause
				discomfort, damage to materials and vegetation, soiling of surfaces, and
				deterioration of visibility, but can also adversely affect human health.
Historically, the extent of air pollution has increased with
				  industrialization and urbanization. The Northern Waterfront Area has a long
				  history of air contaminants from these sources. Thus, in most cases, abatement
				  practices are required to restore healthful air quality.
The Federal Coastal Zone Management Act, Section 307(f),
				  requires that the air resource standards of the Coastal Management Program be
				  the local, State, and Federal policies established in fulfillment of the Clean
				  Air Act and its amendments. The Department's Air Quality Regulation Group
				  administers the State's air quality program to meet the requirements of the New
				  Jersey Air Pollution Control Act and the Federal Clean Air Act and determines
				  compliance with coastal policy on air quality.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.10 - Scenic resources and design

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Scenic resources include the views of the natural and/or built
				landscape.
(b) Large-scale elements
				of building and site design are defined as the elements that compose the
				developed landscape such as size, geometry, massing, height and bulk
				structures.
(c) New coastal
				development that is visually compatible with its surroundings in terms of
				building and site design, and enhances scenic resources is encouraged. New
				coastal development that is not visually compatible with existing scenic
				resources in terms of large-scale elements of building and site design is
				discouraged.
(d) In all areas,
				except the Northern Waterfront Region, the Delaware River Region and Atlantic
				City, new coastal development adjacent to a bay or ocean or bayfront or
				oceanfront, beach, dune or boardwalk and higher than 15 feet in height measured
				from the existing grade of the site or boardwalk shall comply with the
				following, unless it meets the requirements at (e) or (f) below:
1. Provide an open view corridor
				perpendicular to the water's edge in the amount of 30 percent of the frontage
				along the waterfront where an open view currently exists; and
2. Be separated from either the beach, dune,
				boardwalk, or waterfront, whichever is further inland, by a distance of equal
				to two times the height of the structure, except for the following:
i. Infill sites within existing commercial
				areas along a public boardwalk where the proposed use is commercial and where
				the set-back requirement is visually incompatible with the existing character
				of the area; and
ii. Wind
				turbines.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.11 - Buffers and compatibility of uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Buffers are natural or man-made areas,
				structures, or objects that serve to separate distinct uses or areas.
				Compatibility of uses is the ability for uses to exist together without
				aesthetic or functional conflicts.
(b) Development shall be compatible with
				adjacent land uses to the maximum extent practicable.
1. Development that is likely to adversely
				affect adjacent areas, particularly special areas, N.J.A.C. 7:7-9, or
				residential or recreation uses, is prohibited unless the impact is mitigated by
				an adequate buffer. The purpose, width, and type of the required buffer shall
				vary depending upon the type and degree of impact and the type of adjacent area
				to be affected by the development, and shall be determined on a case-by-case
				basis.
2. The standards for wetland
				buffers are found at
				7:7-9.28.
3. The following apply to buffer treatment:
i. All buffer areas shall be planted with
				appropriate vegetative species, either through primary planting or supplemental
				planting. This landscaping shall include use of mixed, native vegetative
				species, with sufficient size and density to create a solid visual screen
				within five years from the date of planting.
ii. Buffer areas which are forested may
				require supplemental vegetative plantings to ensure that acceptable visual and
				physical separation is achieved.
iii. Buffer areas which are non-forested will
				require dense vegetative plantings with mixed evergreen and deciduous trees and
				shrubs. Evergreens must be at least eight feet tall at time of planting;
				deciduous trees must be at least three inches caliper, balled and burlapped;
				shrubs must be at least three to four feet in height.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.12 - Traffic

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Traffic is the
				movement of vehicles, pedestrians or ships along a route.
(b) Coastal development shall be designed,
				located and operated in a manner to cause the least possible disturbance to
				traffic systems.
1. Alternative means of
				transportation, that is, public and private mass transportation facilities and
				services, shall be considered and, wherever feasible, incorporated into the
				design and management of a proposed development, to reduce the number of
				individual vehicle trips generated as a result of the facility. Examples of
				alternative means of transportation include: van pooling, staggered working
				hours and installation of ancillary public transportation facilities such as
				bus shelters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.13 - Subsurface sewage disposal systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subsurface sewage disposal system means a
				system for disposal of sanitary sewage into the ground which is designed and
				constructed to treat sanitary sewage in a manner that will retain most of the
				settleable solids in a septic tank and to discharge the liquid effluent to a
				disposal field.
(b) Acceptability
				conditions for subsurface sewage disposal systems are as follows:
1. Construction of the subsurface sewage
				disposal system is acceptable provided it meets all the provisions of the
				standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A) and
				receives approval from the appropriate administrative authority;
2. For areas subject to tidal flooding, the
				bottom elevation of the disposal bed must be at or above the 10 year flood
				elevation as determined by the Federal Emergency Management Agency Flood
				Insurance Study Reports;
3.
				Construction of subsurface sewage disposal systems must comply with the
				requirements of the flood hazard areas rule at
				7:7-9.25.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 16 - RESOURCE RULES › Section 7:7-16.14 - Solid and hazardous waste

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Subsurface sewage disposal system means a system for disposal of sanitary
				sewage into the ground which is designed and constructed to treat sanitary
				sewage in a manner that will retain most of the settleable solids in a septic
				tank and to discharge the liquid effluent to a disposal field.
(b) Acceptability conditions for subsurface
				sewage disposal systems are as follows:
1.
				Construction of the subsurface sewage disposal system is acceptable provided it
				meets all the provisions of the standards for Individual Subsurface Sewage
				Disposal Systems (N.J.A.C. 7:9A) and receives approval from the appropriate
				administrative authority;
2. For
				areas subject to tidal flooding, the bottom elevation of the disposal bed must
				be at or above the 10 year flood elevation as determined by the Federal
				Emergency Management Agency Flood Insurance Study Reports;
3. Construction of subsurface sewage disposal
				systems must comply with the requirements of the flood hazard areas rule at
				7:7E-3.25.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.2 - General mitigation requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mitigation shall be similar in type and
				location to the resource(s) lost or impacted and shall fully compensate for any
				ecological loss. The Department will consider proposals for out-of-kind
				mitigation provided the mitigation meets the goals and objective of this
				subchapter and would result in ecological functions and values equal to the
				ecological functions and values of the resource(s) prior to loss or
				impact.
(b) The Department shall
				not consider a mitigation proposal in determining whether to approve any
				application under this chapter.
(c)
				Mitigation is not required for certain types of development in intertidal or
				subtidal shallows, as provided at
				7:7-9.15(i).
(d) Mitigation is not required for certain
				types of filling, as provided at
				7:7-12.11(f).
(e) Mitigation under this subchapter is not
				required in cases where the Department determines that environmental impacts to
				the coastal resource(s) are de minimis and where the applicant demonstrates
				avoidance and minimization of impacts.
(f) Mitigation shall not be required as part
				of a permit for the construction of catwalks, piers, docks, landings,
				footbridges, and observation decks, provided that the applicant shows, to the
				satisfaction of the Department, that vehicles and equipment will not be placed
				on the wetlands in order to construct the structure(s) and that the
				structure(s) will comply with the requirements for recreational docks and piers
				at 7:7-12.5.
(g) When mitigation is required in order to
				compensate for impacts to wetlands, intertidal and subtidal shallows, shellfish
				habitat, submerged aquatic vegetation, general water areas, or riparian zones
				resulting from regulated activities, the Department shall authorize any
				regulated activities required to undertake and complete the mitigation through:
1. An authorization under a general
				permit;
2. An individual
				permit;
3. Approval of a mitigation
				proposal submitted to comply with a condition of an authorization under a
				general permit or an individual permit; or
4. An enforcement document.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.3 - Timing of mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Mitigation shall be performed within the applicable time period below:
1. Except for restoration of a temporary
				disturbance under (a)2 below, mitigation required under a general permit
				authorization or individual permit shall be performed prior to or concurrently
				with the regulated activity that causes the disturbance;
2. Mitigation for any temporary disturbance
				shall commence immediately upon completion of the regulated activity that
				caused the disturbance and shall continue until completion, which shall not
				exceed six months after the cessation of the regulated activities that caused
				the disturbance; and
3. Mitigation
				required as part of an enforcement action shall be performed in accordance with
				the schedule set forth in the enforcement document.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.4 - Amount of mitigation required

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This section sets forth the general requirements for determining the amount of
				mitigation required. Specific requirements for each type of mitigation project
				are located as follows:
1. Requirements for
				shellfish habitat mitigation at
				7:7-17.9;
2. Requirements for submerged vegetation
				habitat mitigation at
				7:7-17.10;
3. Requirements for intertidal and subtidal
				shallows and tidal water mitigation at
				7:7-17.11;
4. Requirements for riparian zones mitigation
				at 7:7-17.12;
5. Requirements for wetland mitigation at
				7:7-17.13;
6. Requirements for credit purchase at
				7:7-17.15; and
7. Requirements for in-lieu fee payment at
				7:7-17.16.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.5 - Property suitable for mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mitigation under this subchapter may be
				carried out on private or public property.
(b) Except as provided in (c) below, the
				Department shall approve mitigation on property that is owned in fee simple and
				under the full legal control of the person responsible for performing the
				mitigation, unless the person responsible for performing the mitigation
				demonstrates that they have legal rights to the property sufficient to enable
				compliance with all requirements of this chapter.
(c) The Department shall approve mitigation
				on public property if:
1. The public entity
				gives written permission to allow the mitigation to be conducted on the
				property;
2. The public entity is
				willing to allow a conservation restriction to be placed on the area of the
				mitigation project, in accordance with N.J.A.C. 7:7-18, or can demonstrate that
				an existing conservation restriction will protect the mitigation project area
				in perpetuity; and
3. If the land
				was acquired using Green Acres funding or is encumbered with Green Acres
				restrictions, as defined at
N.J.A.C.
				7:36-2.1
, the use of the area for
				mitigation purposes is approved by the Green Acres Program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.6 - Conceptual review of a mitigation area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the requirements
				for the conceptual review of any potential mitigation area other than a
				proposed mitigation bank site. The requirements for conceptual review of a
				mitigation bank site are set forth at
				7:7-17.23(a) and
				(b).
(b) The Department encourages applicants to
				obtain the conceptual review of any land being considered as a potential
				mitigation area prior to purchase of land for mitigation purposes and/or prior
				to submittal of a mitigation proposal.
(c) To obtain the conceptual review of a
				mitigation area, the applicant shall submit a written request to the address
				set forth at
				7:7-1.6, including:
1. A brief description of the area and the
				mitigation project being considered;
2. A map showing the location and extent of
				the prospective mitigation area, including topography if available;
				and
3. Consent from the owner of
				the prospective mitigation area allowing Department representatives to enter
				the property in a reasonable manner and at reasonable times to inspect the
				site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.8 - Department review and approval of a mitigation proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall, within 30 calendar
				days after receiving a mitigation proposal submitted to comply with a condition
				of a coastal permit, review the proposal for completeness in accordance with
				7:7-17.7, and:
1. Request any necessary additional
				information; or
2. Declare the
				mitigation proposal complete for further review.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.9 - Requirements for shellfish habitat mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the requirements
				for mitigation required pursuant to
				7:7-9.2 for impacts to shellfish
				habitat.
(b) Mitigation for impacts
				to shellfish habitat associated with the construction of a dock, pier, mooring,
				or marina shall include:
1. The recording of
				a conservation restriction in accordance with N.J.A.C. 7:7-18. In addition to
				the requirements at N.J.A.C. 7:7-18, the conservation restriction shall also
				meet the requirements at (b)1i or ii below:
i. If the dock, pier, mooring, or marina is
				associated with an unbulkheaded shoreline, the conservation restriction shall
				prohibit the construction of a shoreline protection structure other than stone
				rip-rap or other similar sloped revetment; or
ii. If the dock, pier, mooring, or marina is
				associated with a previously bulkheaded shoreline, the conservation restriction
				shall prohibit replacement, reconstruction, or rehabilitation of the bulkhead
				with anything other than a non-polluting material; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.10 - Requirements for submerged vegetation habitat mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the requirements
				for mitigation required pursuant to
				7:7-9.6 for impacts to submerged
				vegetation habitat.
(b) Mitigation
				for temporary disturbance to a submerged vegetation habitat shall consist of
				the restoration of the disturbed area to its preconstruction contours and
				conditions. This may include subsequent monitoring and replanting of the
				disturbed area if these species have not recolonized the disturbed areas within
				three years.
(c) An applicant
				proposing to mitigate for a temporary disturbance to a submerged vegetation
				habitat shall submit to the Department, at least 30 calendar days prior to the
				start of activities authorized by the permit, a schedule describing in detail
				the sequence of mitigation activities and estimated dates for completion of the
				restoration of the temporary disturbance, and a restoration plan that includes
				any proposed grading needed to return the disturbed area to its pre-disturbed
				elevation, and identifies all proposed plantings, including type, size, and
				number of plants.
(d) Mitigation
				for unavoidable, permanent, significant impacts to submerged vegetation
				habitats shall consist of the restoration of habitat for the appropriate
				species in accordance with scientifically documented transplanting methods.
				Monitoring and replanting shall be carried out biannually to demonstrate
				persistence of the compensatory habitat for a minimum of three years.
(e) Priority shall be given to in-kind
				restoration of submerged vegetation habitat in as close proximity as possible
				to the site of the impacts to submerged vegetation.
(f) Mitigation for submerged vegetation
				habitat shall not consist of planting submerged vegetation within unvegetated
				interpatch areas of existing submerged vegetation habitat or of increasing
				bottom coverage within existing submerged vegetation beds. A vegetation bed is
				an area where submerged vegetation rhizomes overlap, or where submerged
				vegetation shoots intermingle within less than one square meter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.11 - Requirements for intertidal and subtidal shallows and tidal water mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				sets forth the requirements for mitigation required pursuant to N.J.AC.
				7:7-9.15 or 12.11(f) for the filling of intertidal and subtidal shallows or
				tidal waters, respectively.
(b)
				Mitigation for the filling of intertidal and subtidal shallows or tidal waters
				shall be performed through the creation, at a creation to loss ratio of 1:1, of
				intertidal and subtidal shallows or tidal waters on the site where the filling
				occurred.
(c) If the onsite
				mitigation for the filling of intertidal and subtidal shallows described at (b)
				above is not feasible, mitigation shall be performed as follows:
1. At a single-family home or duplex property
				that is not part of a larger development, mitigation for the filling of
				intertidal and subtidal shallows shall be in the form of a monetary
				contribution to the Wetlands Mitigation Fund. The monetary contribution shall
				be in the amount of the value of the land filled and the cost of creation of
				intertidal and subtidal shallows of equal ecological value to those which are
				being lost; or
2. At a property
				other than a single-family home or duplex, mitigation for the filling of
				intertidal and subtidal shallows shall be performed in accordance with the
				hierarchy at (d) through (g) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.12 - Requirements for riparian zone mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
As provided at
7:7-9.26
(h), any
				  development regulated under this chapter in a riparian zone shall meet the
				  requirements for a permit under the Flood Hazard Area Control Act Rules,
N.J.A.C. 7:13
. Accordingly, mitigation for impacts to riparian
				  zones shall be provided as required at N.J.A.C. 7:13-13 for a regulated
				  activity in a riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.13 - Requirements for wetlands mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the requirements
				that apply to a wetlands creation, restoration, or enhancement mitigation
				project.
(b) If creation or
				restoration is the mitigation alternative, wetlands shall be created or
				restored at a creation or restoration to lost or disturbed ratio of 2:1, unless
				the applicant demonstrates in accordance with (b)1 below that creation or
				restoration at a ratio of less than 2:1 will provide equal ecological functions
				and values. The mitigation project shall be designed to include a wetlands
				buffer pursuant to
				N.J.A.C.
				7:7-9.28. The wetlands buffer shall not be
				counted in the acreage of mitigation provided by the wetlands creation or
				restoration.
1. A mitigator may create or
				restore wetlands at a ratio of less than 2:1 if the mitigator demonstrates
				through the use of productivity models or other similar studies that restoring
				or creating a lesser area of wetlands will result in replacement wetlands of
				equal ecological value to those lost or disturbed. However, in no case shall
				the Department approve a ratio of less than 1:1. In order to demonstrate equal
				ecological value, the mitigator shall survey and provide written documentation
				regarding, at a minimum, existing soil, vegetation, water quality functions,
				flood storage capacity, soil erosion and sediment control functions, and
				wildlife habitat conditions and detail how the mitigation proposal will replace
				the ecological values of the wetlands lost or disturbed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.14 - Wetlands mitigation hierarchy

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This section applies to wetlands mitigation projects and governs the mitigation
				alternative required and the location of mitigation in relation to the impacts
				to wetlands.
(b) Mitigation shall
				be performed through restoration, creation, or enhancement of wetlands onsite
				in the same drainage area or estuary as the impacts or, if that is not
				feasible, then either offsite in the same drainage area or estuary as the
				impacts or through the purchase of credits from a mitigation bank with a
				service area that includes the area of impacts. In determining the feasibility
				of onsite or offsite mitigation or credit purchase, the Department shall
				consider the following factors regarding the proposed mitigation area:
1. Size. Generally, the larger a mitigation
				area is, the greater is its potential environmental benefit. A mitigation area
				that is associated with a large existing wetland complex is more likely to be
				environmentally beneficial;
2.
				Location in relation to other preserved open space. A mitigation area adjacent
				to public land or other preserved areas is more likely to be environmentally
				beneficial;
3. Habitat value. A
				mitigation area that will provide valuable habitat for critical wildlife
				species or threatened or endangered species is more likely to be
				environmentally beneficial;
4.
				Interaction with nearby resources. A mitigation project is more likely to be
				environmentally beneficial if it complements existing nearby resources. For
				example, a mitigation project that adds riparian wetlands habitat adjacent to
				an existing stream enhances the environmental value of both the riparian area
				and the stream; and
5. Availability
				of parcels for offsite mitigation that meet the requirements of (e)
				below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.15 - Requirements for credit purchase from an approved mitigation bank

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				Department determines that credit purchase is the appropriate mitigation
				alternative, the Department shall evaluate the values and functions lost as a
				result of the impacts and determine the number of credits required to ensure
				that the mitigation results in wetlands or intertidal and subtidal shallows of
				equal functions and values to those lost.
(b) The mitigator shall prepare and execute
				all documents necessary to ensure that the credits have been purchased from a
				Department approved mitigation bank with available credits.
(c) The Department shall determine mitigation
				through credit purchase successful upon:
1.
				Demonstration by the mitigator that the completed mitigation satisfies all
				applicable permit conditions, requirements of this subchapter, and requirements
				of the approved mitigation proposal; and
2. Documentation from the mitigator that the
				credit purchase was made as required. Documentation shall include a written
				certification from the mitigation bank operator, indicating the number of
				credits purchased and the Department permit number.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.16 - Requirements for in-lieu fee payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department determines that in-lieu
				fee payment is the appropriate mitigation alternative, the mitigator shall
				follow the terms of the State-approved in-lieu fee program
				instrument.
(b) The Department
				shall determine mitigation through in-lieu fee payment successful upon receipt
				of documentation from the in-lieu fee program administrator that payment has
				been received in full.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.17 - Financial assurance for mitigation projects; general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Financial
				assurance in accordance with this section is required for mitigation projects
				involving restoration, creation, or enhancement activities as mitigation for
				impacts to intertidal and subtidal shallows, tidal waters, and wetlands.
				Financial assurance is not required for a mitigation proposal or mitigation
				bank proposal submitted by a government agency or an entity that is exempt from
				the requirement to provide financial assurance under Federal law.
(b) The person responsible for conducting
				mitigation identified at (b)1 or 2 below shall establish and maintain financial
				assurance in accordance with this section:
1.
				Where mitigation is required pursuant to a permit, the permittee or mitigation
				bank sponsor of a wetlands mitigation project or mitigation bank; or
2. Where mitigation is required as part of
				the remedy for a violation, the person designated to provide mitigation in the
				enforcement document.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.18 - Financial assurance; fully funded trust fund requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who
				chooses to establish a fully funded trust fund as financial assurance pursuant
				to this subchapter shall submit to the Department the original fully funded
				trust fund agreement. The trust fund agreement shall:
1. Be executed by an entity that has the
				authority to act as a trustee and whose trust operations are regulated and
				examined by a New Jersey or Federal agency;
2. Include any applicable Department file
				number, and the name, street address, lot, block, municipality, and county of
				the mitigation site;
3. Specify
				that the fully funded trust fund cannot be revoked or terminated without the
				prior written approval of the Department;
4. Specify that the trustee may only disburse
				funds with the Department's written approval;
5. Specify that funds shall be utilized
				solely for the purposes of conducting the mitigation project or mitigation bank
				as approved by the Department;
6.
				Specify that the Department may access the fully funded trust fund to pay for
				the cost of the mitigation project or bank, pursuant to
				7:7-17.17(l);
				and
7. Identify the Department as
				the sole beneficiary of the fully funded trust fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.19 - Financial assurance; line of credit requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who chooses to establish a line
				of credit agreement as financial assurance pursuant to this subchapter shall
				submit to the Department the original line of credit. The line of credit shall:
1. Be issued by an entity that is licensed by
				the New Jersey Department of Banking and Insurance to transact business in the
				State of New Jersey, or by a Federally regulated bank;
2. Include any applicable Department file
				number, and the name, street address, lot, block, municipality, and county of
				the mitigation site;
3. Specify
				that the line of credit shall be issued for a period of one year, and shall be
				automatically extended thereafter for a period of at least one year;
4. Specify that, if the issuer of the line of
				credit decides not to extend the line of credit beyond the then current
				expiration date, the issuer shall notify the person using the line of credit
				and the Department by certified mail of that decision at least 120 calendar
				days before the current expiration date, beginning from the date of receipt by
				the Department as shown on the signed return receipt;
5. Specify that the lender shall disburse
				only those funds that the Department approves in writing;
6. Specify that the funds in the line of
				credit shall be utilized solely for the purposes of conducting the mitigation
				project or bank; and
7. Specify
				that the Department may access the line of credit to pay for the cost of the
				mitigation project or bank, pursuant to
				7:7-17.17(l).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.20 - Financial assurance; letter of credit requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who chooses to provide a letter
				of credit as financial assurance to guarantee the availability of funds
				pursuant to this subchapter shall submit to the Department the original letter
				of credit. The letter of credit shall:
1. Be
				issued by an entity that is licensed by the New Jersey Department of Banking
				and Insurance to transact business in the State of New Jersey, or by a
				Federally regulated bank;
2.
				Include any applicable Department file number, and the name, street address,
				lot, block, municipality, and county of the mitigation site;
3. Specify that the letter of credit is
				irrevocable and issued for a period of at least one year, and that it will be
				automatically extended thereafter for a period of at least one year;
4. Specify that, if the issuer of the letter
				of credit decides not to extend the letter of credit beyond the then current
				expiration date, the issuer shall notify the person providing the letter of
				credit and the Department by certified mail of that decision at least 120
				calendar days before the current expiration date, beginning from the date of
				receipt by the Department as shown on the signed return receipt; and
5. Specify that the Department may access the
				letter of credit to pay for the cost of the mitigation project or mitigation
				bank, pursuant to
				7:7-17.17(l).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.21 - Financial assurance; surety bond requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who chooses to provide a surety
				bond as a financial assurance to guarantee the availability of funds pursuant
				to this subchapter shall complete and submit to the Department the original
				surety bond. The surety bond shall:
1. Be
				issued by an entity that is licensed by the New Jersey Department of Banking
				and Insurance to transact business in the State of New Jersey, or is listed as
				acceptable surety on Federal bonds in Circular 570 of the U.S. Department of
				the Treasury;
2. Include any
				applicable Department file number, and the name, street address, lot, block,
				municipality, and county of the mitigation site;
3. Specify that, if the issuer of the surety
				bond decides not to extend the surety bond beyond the then current expiration
				date, the issuer shall notify the person using the surety bond and the
				Department by certified mail of that decision at least 120 calendar days before
				the current expiration date, beginning from the date of receipt by the
				Department as shown on the signed return receipt; and
4. Specify that the Department may access the
				surety bond to pay for the cost of the mitigation project or mitigation bank,
				pursuant to
				7:7-17.17(l).