New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 3 - IDENTIFYING FRESHWATER WETLANDS AND TRANSITION AREAS; FRESHWATER WETLANDS RESOURCE VALUE CLASSIFICATION › Section 7:7A-3.4 - Transition areas due to freshwater wetlands on adjacent property

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The outside boundary of a transition area is determined solely by reference to
				the freshwater wetlands boundary and is not affected by property lines.
				Therefore, a property within 150 feet of a freshwater wetlands may contain a
				transition area that arises from a freshwater wetlands on another property.
				Every property containing a transition area is subject to this chapter, even if
				the freshwater wetland that causes the transition area is located on another
				property.
(b) To determine whether
				a site has transition areas on it caused by wetlands on another property:
1. Determine whether there are any wetlands
				on any property within 150 feet of the site's property line. If not, there are
				no transition areas on the site due to wetlands on nearby properties;
2. If there are freshwater wetlands on
				another property within 150 feet of the site's property line, determine the
				resource value classification of the wetlands on the nearby property. For a
				Department-issued resource value classification of the wetlands, obtain an LOI
				under N.J.A.C. 7:7A-4;
3. If all of
				the freshwater wetlands on nearby properties within 150 feet of the site's
				property line are ordinary resource value wetlands, there is no transition area
				on the site arising from wetlands on other properties;
4. If any of the freshwater wetlands on
				nearby properties within 150 feet of the site's property line cannot be
				classified as ordinary resource value wetlands, determine the transition area
				on the site as follows:
i. If any wetlands on
				nearby properties are intermediate resource value wetlands, and are within 50
				feet of the site's property line, there is at least some transition area on the
				site arising from these wetlands. In order to determine the size and shape of
				the transition area, obtain a delineation of the wetlands on the nearby
				properties and determine the transition area for each under
N.J.A.C.
				7:7A-3.3(d)
2;
				and
ii. If any wetlands on nearby
				properties are exceptional resource value wetlands, and are within 150 feet of
				the site's property line, there is at least some transition area on the site
				arising from these wetlands. In order to determine the size and shape of the
				transition area, obtain a delineation of the wetlands on the nearby properties
				and determine the transition area for each under
N.J.A.C.
				7:7A-3.3(d)
1;
				and
5. To avoid
				obtaining an LOI and/or delineating wetlands under (b)3 and 4 above, a person
				can ensure compliance with transition area requirements arising from wetlands
				on other properties by assuming that there are exceptional resource value
				wetlands on all adjacent properties and refraining from any regulated
				activities within 150 feet of the site's property line.