New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to the terms defined at
				  N.J.A.C.
				  7:13-1.2, the following words and terms, when
				  used in this subchapter, shall have the following meanings.
"Creation" means restoring to a natural condition a
				  regulated water that is enclosed by a structure, such as a pipe or
				  culvert.
"Credit purchase" means the purchase of credits from a
				  mitigation bank, as that term is defined at
7:13-1.2
, as a substitute
				  for performance of creation, restoration, enhancement, or preservation by a
				  permittee. Once a credit is applied to satisfy a mitigation obligation under
				  this subchapter, it is exhausted and may not be sold or used again.
"Enhancement" means the improvement of the functions and
				  values of a degraded riparian zone or certain lands outside the riparian zone
				  as described at
				  N.J.A.C.
				  7:13-13.11, such as the removal of invasive
				  plant species or the planting of native, non-invasive vegetation.
"Fee simple" means absolute ownership in land, unencumbered
				  by any other interest or estate.
"Mitigation" means activities carried out in accordance with
				  this subchapter in order to compensate for the loss or disturbance of riparian
				  zones.
"Mitigation area" means the portion of a site or piece of
				  property upon which mitigation is proposed or performed.
"Mitigation banking instrument" means documentation of
				  Department approval of the objectives and administration of the bank including,
				  as applicable:
1. Bank goals and objectives;
2. Ownership of bank lands;
3. Bank size and type of riparian zone resources or channel
				  type proposed for inclusion in the bank; including a site plan and
				  specifications;
4. Description of baseline conditions at the bank
				  site;
5. Geographic service area;
6. Riparian zone disturbance suitable for
				  compensation;
7. Methods for determining credits and debits;
8. Accounting procedures;
9. Performance standards for determining credit availability
				  and bank success;
10. Reporting protocols and monitoring plan;
11. Contingency and corrective actions and
				  responsibilities;
12. Financial assurances;
13. Compensation ratios; and
14. Provisions for long-term management and maintenance.
"Mitigation bank site" means the portion of a site, or piece
				  of property upon which a mitigation bank is proposed or developed.
"Preservation" means the permanent protection of undeveloped
				  land, in its natural state, from disturbance or development, through the
				  execution of a conservation easement in accordance with N.J.A.C.
				  7:13-14.
"Restoration" means the reestablishment of the functions and
				  values of a riparian zone or certain lands outside the riparian zone as
				  described at
				  N.J.A.C.
				  7:13-13.11, such as the removal of impervious
				  surfaces and planting the area with native, non-invasive vegetation species or
				  restoring a regulated water that has been previously straightened, channelized,
				  or lined with revetments, retaining walls, or other armoring to a natural
				  condition.
"Service area" means the geographic area within which
				  impacts can be mitigated at a specific mitigation bank.