reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 8 - TRANSITION AREA WAIVERS › Section 7:7A-8.2 - Transition area averaging plan waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A transition
				area averaging plan waiver modifies the overall shape of a transition area
				without reducing its total square footage. The Department may approve a
				transition area averaging plan waiver for activities adjacent to an
				intermediate or exceptional resource value freshwater wetlands.
(b) The Department shall issue a transition
				area averaging plan waiver only if the transition area, as modified, will
				continue to serve the purposes of a transition area set forth in
N.J.A.C. 7:7A-3.3
. The
				Department shall presume that the following will result in a transition area
				that will not serve the purposes set forth in
N.J.A.C.
				7:7A-3.3
, and shall not issue a
				transition area averaging plan waiver, unless the applicant demonstrates
				otherwise under
N.J.A.C.
				7:7A-8.1(d)
:
1. The portion of the existing, pre-activity
				transition area that will be reduced has a slope greater than 25 percent;
i. The percent slope shall be established by
				measuring the distance perpendicular to the contour of the slope on the plan.
				The percent slope shall be calculated for each two-foot contour interval at
				10-foot intervals. For example, any location in the transition area where there
				is a one-foot rise over a 10-foot horizontal run constitutes a 10 percent
				slope; a two-foot rise over a 10-foot horizontal run constitutes a 20 percent
				slope.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 8 - TRANSITION AREA WAIVERS › Section 7:7A-8.3 - Special activity transition area waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department shall issue a transition area waiver for certain special activities
				meeting the criteria in this section. However, the Department will issue a
				special activity waiver under this section only if the activities will not
				result in a substantial impact on the adjacent freshwater wetlands, and the
				proposed project will minimize impacts to the freshwater wetland and transition
				area.
(b) The Department shall
				issue the following types of special activity transition area waivers:
1. A stormwater management transition area
				waiver under (d) below;
2. A linear
				development transition area waiver under (e) below;
3. A redevelopment transition area waiver
				under (f) below; and
4. An
				individual permit transition area waiver under (g) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 8 - TRANSITION AREA WAIVERS › Section 7:7A-8.4 - Hardship transition area waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall issue a hardship transition area waiver under this section if a site is
				not susceptible to a reasonable use if developed as authorized by this chapter,
				and this limitation results from unique circumstances peculiar to the site
				which:
1. Do not apply to or affect other
				property in the local region;
2.
				Relate to or arise out of the site itself, rather than the personal situation
				of the applicant; and
3. Are not
				the result of any action or inaction by the applicant, the site owner or the
				owner's predecessors in title.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 8 - TRANSITION AREA WAIVERS › Section 7:7A-8.5 - Duration of a transition area waiver

Current through Register Vol. 56, No. 14, July 15, 2024
A transition area waiver is valid for five years from the
				  date of issuance, and may be extended one time for five years pursuant to
				  N.J.A.C. 7:7A-20.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 9 - INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-9.1 - Requirement to obtain an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
A person shall obtain an individual permit under this
				  subchapter in order to undertake any activity that does not meet the
				  requirements of an authorization under a general permit-by-certification
				  pursuant to N.J.A.C. 7:7A-6, an authorization under a general permit pursuant
				  to N.J.A.C. 7:7A-7, or a transition area waiver pursuant to N.J.A.C.
				  7:7A-8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 9 - INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-9.2 - Duration of an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				permit for any regulated activity is valid for five years from the date of
				issuance, and may be extended one time for five years pursuant to N.J.A.C.
				7:7A-20.4.
(b) All regulated
				activities authorized by an individual permit shall immediately cease if the
				permit, including any extension thereof pursuant to N.J.A.C. 7:7A-20.4,
				expires. If a person intends to commence or continue regulated activities that
				had been authorized under an individual permit that has expired, the person
				shall obtain a new individual permit under this chapter authorizing the
				regulated activities.
1. If no regulated
				activities have occurred prior to the expiration of the individual permit, the
				Department shall issue a new individual permit only if the project is revised,
				where necessary, to comply with the requirements of this chapter in effect when
				the application for the new individual permit is declared complete for
				review.
2. If any regulated
				activities have occurred prior to the expiration of the individual permit, the
				Department shall issue a new individual permit only if the project is revised,
				where feasible, to comply with the requirements of this chapter in effect when
				the application for the new individual permit is declared complete for review.
				In determining the feasibility of compliance with the requirements in effect at
				the time the application is declared complete for review, the Department shall
				consider the amount of construction that has been completed prior to the
				expiration of the original individual permit, the amount of reasonable
				financial investment that has been made in the original design consistent with
				the requirements applicable under the original individual permit, and whether
				continuing construction as approved under the original individual permit would
				have an adverse impact on the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 9 - INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-9.3 - Conditions applicable to an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person
				conducting regulated activities pursuant to an individual permit shall comply
				with:
1. The conditions set forth in the
				individual permit itself; and
2.
				The conditions that apply to all permits at N.J.A.C. 7:7A-20.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 9 - INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-9.9 through 7:7A-9.23 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-10.1 - General provisions for individual permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				regulated activity or project subject to an individual permit shall meet the
				applicable requirements below:
1. Requirements
				for all individual permits at
N.J.A.C.
				7:7A-10.2
;
2. For a non-water dependent activity, the
				requirements at
N.J.A.C. 7:7A-10.3
, except if the activity disturbs only State open waters that are not
				special aquatic sites; and
3. For a
				non-water dependent activity in an exceptional resource value wetland or trout
				production water, the requirements at
N.J.A.C.
				7:7A-10.4
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-10.2 - Standard requirements for all individual permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth requirements that apply to all activities to be covered by
				an individual permit, including both water dependent activities and non-water
				dependent activities. Additional individual permit requirements that apply only
				to non-water dependent activities are found in
N.J.A.C.
				7:7A-10.3
.
(b) The Department shall issue an individual
				freshwater wetlands or open water fill permit only if the regulated activity:
1. Has no practicable alternative which would
				meet the requirements at (b)1i and ii below:
i. The alternative would have a less adverse
				impact on the aquatic ecosystem or would not involve a freshwater wetland or
				State open water; and
ii. The
				alternative would not have other significant adverse environmental
				consequences, that is, it shall not merely substitute other significant
				environmental consequences for those attendant on the original
				proposal;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-10.3 - Additional requirements for a non-water dependent activity in a wetland or special aquatic site

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to meeting the requirements
				of
N.J.A.C. 7:7A-10.2
, a
				non-water dependent activity in a freshwater wetland or special aquatic site
				shall meet the requirements of this section. If an activity is water-dependent,
				or if it disturbs only a State open water that is not a special aquatic site,
				this section does not apply to the activity.
(b) There shall be a rebuttable presumption
				that there is a practicable alternative to a non-water dependent activity in a
				freshwater wetland or in a special aquatic site, which alternative does not
				involve a freshwater wetland or special aquatic site, and that such an
				alternative would have less of an impact on the aquatic ecosystem.
(c) In order to rebut the presumption
				established in (b) above, an applicant must demonstrate all of the following:
1. That the basic project purpose cannot
				reasonably be accomplished using one or more other sites in the general region
				that would avoid or reduce the adverse impact on an aquatic
				ecosystem;
2. That the basic
				project purpose cannot reasonably be accomplished if there is a reduction in
				the size, scope, configuration, or density of the project as
				proposed;
3. That the basic project
				purpose cannot reasonably be accomplished by an alternative design that would
				avoid or reduce the adverse impact on an aquatic ecosystem;
4. 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; and
5. If any portion of the proposed activity
				will take place in an exceptional resource value wetland or in trout production
				waters, that the requirements of
N.J.A.C.
				7:7A-10.4
are met.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-10.4 - Additional requirements for a non-water dependent activity in exceptional resource value wetlands or trout production waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an
				applicant proposes a non-water-dependent activity in wetlands of exceptional
				resource value or in trout production waters, the applicant, in addition to
				complying with all other requirements in this subchapter, shall also
				demonstrate either:
1. That there is a
				compelling public need for the proposed activity greater than the need to
				protect the freshwater wetland or trout production water, and that the need
				cannot be met by essentially similar projects in the region which are under
				construction or expansion, or which have received the necessary governmental
				permits and approvals; or
2. That
				denial of the permit would impose an extraordinary hardship on the applicant
				brought about by circumstances peculiar to the subject property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-10.5 - Additional application requirements for a transition area waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the basic information required for all applications under
				7:7A-10.2, an application checklist
				for a transition area waiver, as defined at
				7:7A-1.4, shall require the
				following:
1. A line delineation LOI issued
				under 7:7A-3.3, or a line verification
				LOI issued under
				7:7A-3.4, if an LOI of either type
				has been issued. A presence/absence LOI issued under
				7:7A-3.2 is not sufficient. If no
				LOI has been issued for the site, or if only a presence/absence LOI has been
				issued, the application checklist shall require all information required for an
				application for a line delineation LOI or line verification LOI;
2. Information regarding whether other
				approvals are required for the activities by Federal, interstate, State and
				local agencies for the activity; information regarding whether any such
				approvals or denials have been received; and information regarding whether the
				proposed activities are consistent with the rules, plans, or policies of other
				Federal, interstate, State and local agencies; and
3. If a site is known or suspected to be
				contaminated with toxic substances, and if the Department requests it, a
				laboratory analysis of representative samples of the soil or sediment on the
				site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-10.6 - Additional application requirements for an individual freshwater wetlands or open water fill permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the basic information required for all applications in
				7:7A-10.2, the application
				checklist for an individual freshwater wetlands or open water fill permit shall
				require the following information:
1. The
				basic project purpose of the proposed activity, including whether it is
				water-dependent, as defined at
				7:7A-1.4;
2. A line delineation LOI issued under
				7:7A-3.3, or a line verification
				LOI issued under
				7:7A-3.4, if an LOI of either type
				has been issued. A presence/absence LOI issued under
				7:7A-3.2 is not sufficient. If no
				LOI has been issued for the site, or if only a presence/absence LOI has been
				issued, the application checklist shall require all information required for an
				application for a line delineation LOI or line verification LOI. In addition,
				the application checklist shall require the total area of wetlands and State
				open waters, in acres, on the site before the regulated activity is performed,
				and the total area, in acres, of wetlands and State open waters on the site
				that will remain after the regulated activity is performed. The total area of
				wetlands and State open waters on the site can be approximated using a
				planimeter or other mapping technique;
3. Information regarding whether other
				approvals are required for the activities by Federal, interstate, State and
				local agencies for the activity; information regarding whether any such
				approvals or denials have been received; and information regarding whether the
				proposed activities are consistent with the rules, plans, or policies of other
				Federal, interstate, State and local agencies; and
4. If a site is known or suspected to be
				contaminated with toxic substances, and if the Department requests it, a
				laboratory analysis of representative samples of the sediment on the
				site.
5. A copy of the deed and/or
				other legal documents pertaining to the site;
6. Information regarding special aquatic
				sites, public lands, critical habitat, and other relevant environmental
				features of the site; and
7. An
				alternatives analysis that meets the requirements at (b) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-10.7 - Additional application requirements for a modification or extension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the basic information required for all applications under
				7:7A-10.2, the application
				checklist for a modification shall require the applicable information required
				in this section.
(b) An application
				checklist for a minor modification shall require the following:
1. For a change in ownership or operational
				control of a permitted site or activity under
				7:7A-14.3(c)3:
i. A certification that no other change in
				the original permit is necessary; and
ii. A written request to transfer the
				approval, which includes all of the following:
(1) The notarized signature of each original
				owner of the site, or any legal designee thereof;
(2) The name and address of each new owner
				(or contract purchaser) of the site;
(3) A list of any adjacent property already
				owned by the new owner;
(4) The
				date the property will be or has been transferred to the new owner;
(5) A statement by the new owner (or contract
				purchaser), signed and notarized, accepting the permit and all conditions;
				and
(6) A copy of a recorded
				conservation restriction or easement, if required as a condition of the
				approval being transferred; or
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-10.8 - Public notice requirements for applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				sets forth basic public notice requirements for applications. The application
				checklist for each type of permit, waiver, or general permit authorization will
				include more detail regarding how to comply with the notice requirements for
				the approval sought. An applicant shall fulfill the requirements in this
				section before submitting the application, and the application must include
				documentation that this section has been complied with.
(b) The public notice requirements in this
				section apply to the applications listed in
				7:7A-10.1(b),
				except that:
1. An application by a county or
				municipal agency for authorization to act under general permit 15, mosquito
				control activities, shall be subject only to the notice requirements found in
				that general permit at
				7:7A-5.15; and
2. An application for a minor modification
				under 7:7A-14.3 shall not require public
				notice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-10.9 - Signatories to permit applications and reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permit
				application shall be signed by the person or persons specified below:
1. For a corporation, by a principal
				executive officer of at least the level of vice president;
2. For a partnership or sole proprietorship,
				by a general partner or the proprietor, respectively;
3. For a municipality, State, Federal, or
				other public entity, by either a principal executive officer or ranking elected
				official; or
4. For an entity not
				covered at (a)1 through 3 above, by all individual owners of record.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS › Section 7:7A-10.10 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any information
				submitted to the Department under this chapter may be claimed as confidential
				by the submitter at the time of submittal.
(b) Claims of confidentiality for the
				following information will be denied:
1. The
				name and address of any permit applicant or permittee;
2. Effluent data;
3. Permit application; and
4. Permit decision.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.3 - 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, individual permit, or special
				activity transition area waiver shall be performed prior to or concurrently
				with the regulated activity that causes the disturbance;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.4 - Property suitable for mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall approve mitigation
				only on property that is owned in fee simple and under 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.
(b) Any offsite mitigation
				shall be carried out on private property, except that a government agency may
				create, restore, or enhance on public land in accordance with this subchapter,
				as mitigation for a project funded solely with public monies, if the land was
				not acquired with Green Acres funding, as defined at
N.J.A.C.
				7:36-2.1
, and any one of the
				following criteria is met:
1. The land is
				obtained or held by the government agency for mitigation;
2. The land is obtained by the government
				agency by default or operation of law, through a tax lien or other similar
				circumstance; or
3. The land
				obtained or held by the government agency is, or was formerly a wetland and the
				government agency is proposing to restore and/or enhance the wetland for
				mitigation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.5 - 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 potential mitigation areas except for mitigation
				bank sites. The requirements for conceptual review of a mitigation bank site
				are set forth at N.J.A.C. 7:7A-11.26(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
				submittal of a mitigation proposal.
(c) To obtain conceptual review of a
				mitigation area, the applicant shall submit a written request to the address
				set forth at
N.J.A.C. 7:7A-1.4
,
				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;
3. A USGS quad showing the mitigation
				area;
4. A county soil survey
				showing the soils in the mitigation area and identifying all potential,
				suspected and/or known contamination on the site; and
5. 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 mitigation
				area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.6 - Basic requirements for mitigation proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A mitigation proposal required under this
				chapter shall be submitted at least 90 calendar days prior to the commencement
				of regulated activities authorized by a permit.
(b) A mitigation proposal to remedy a
				violation under this chapter shall be submitted by the deadline set forth in
				the Department's enforcement document.
(c) A mitigation proposal shall include all
				information necessary for the Department to determine if the requirements of
				this subchapter are met.
(d) The
				applicant shall provide notification in accordance with
N.J.A.C.
				7:7A-17
for all mitigation proposals to be carried out at a location
				that is not the location of the permit activity that include creation,
				enhancement, or restoration (except restoration for a temporary
				disturbance).
(e) The information
				required to be submitted in a mitigation proposal for restoration, creation,
				and/or enhancement, uplands preservation, and land donation is set forth in the
				appropriate mitigation proposal checklist, available from the Department's
				website at the address set forth at
N.J.A.C.
				7:7A-1.4
and described at (h) and
				(i) below.
(f) The information
				required to be submitted in a mitigation proposal for a monetary contribution
				to the Department's ILF Program in accordance with N.J.A.C. 7:7A-11.16 is set
				forth in the appropriate monetary contribution checklist, available from the
				Department's website at the address set forth at
N.J.A.C.
				7:7A-1.4
. The checklists require the following information:
1. A copy of the permit (if issued)
				authorizing the impact(s) being mitigated; and
2. A demonstration that the contribution
				amount addresses the factors specified at N.J.A.C. 7:7A-11.16.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.7 - 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 of receipt of a mitigation proposal submitted to comply with a condition
				of a permit, review the proposal for completeness in accordance with N.J.A.C.
				7:7A-11.6, 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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.8 - Mitigation for a temporary disturbance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mitigation for a temporary disturbance
				shall be performed as follows:
1. For a
				disturbance of non-forested freshwater wetlands or of State open waters,
				restoration of the area temporarily disturbed; or
2. For a disturbance of forested freshwater
				wetlands, either:
i. Restoration of the area
				temporarily disturbed to a forested wetland; or
ii. Restoration of the area temporarily
				disturbed to a non-forested wetland, and in addition, one acre of mitigation in
				accordance with this subchapter for each acre of disturbance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.9 - Mitigation hierarchy for a smaller disturbance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section governs, for a smaller
				disturbance, the mitigation alternative required and the location of mitigation
				in relation to the disturbance. However, if a smaller disturbance is a
				temporary disturbance, it is governed by N.J.A.C. 7:7A-11.8.
(b) A smaller disturbance is:
1. A disturbance of 1.5 acres or less of
				freshwater wetlands or State open water; or
2. A disturbance affecting only ordinary
				resource value wetlands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.10 - Mitigation hierarchy for a larger disturbance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section governs, for a larger
				disturbance, the mitigation alternative required and the location of mitigation
				in relation to the disturbance. However, if a larger disturbance is a temporary
				disturbance it is governed by N.J.A.C. 7:7A-11.8.
(b) A larger disturbance is a disturbance not
				listed at N.J.A.C. 7:7A-11.9(b).
(c) Mitigation for a larger disturbance shall
				be performed through restoration, creation, or enhancement onsite or, if that
				is not feasible, then offsite in the same watershed management area as the
				disturbance or through the purchase of credits from a mitigation bank with a
				service area that includes the area of disturbance. In determining the
				feasibility of onsite or offsite mitigation for a larger disturbance, the
				Department shall consider the following factors regarding the proposed
				mitigation area:
1. Size. Generally, the
				larger a mitigation area is, the greater 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 (f) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.11 - Mitigation for transition area impacts in accordance with N.J.A.C. 7:7A-8.3(g) (special activity transition area waivers based upon individual permit criteria)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section governs the mitigation alternative required and the location of
				mitigation in relation to the disturbance for a transition area impact in
				accordance with
N.J.A.C. 7:7A-8.3(g)
(special activity transition area
				waivers based upon individual permit criteria). Mitigation for a transition
				area disturbance shall be performed through restoration or enhancement of
				transition areas carried out on the site of the disturbance to the maximum
				extent feasible.
(b) If onsite
				transition area restoration or enhancement is not feasible, mitigation shall be
				performed through:
1. The purchase of credits
				from a mitigation bank with a service area that includes the area of
				disturbance; or
2. Offsite
				restoration or enhancement in the same watershed management area as the
				disturbance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.12 - Requirements for restoration, creation, or enhancement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the requirements
				that apply to a 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
				transition area pursuant to (c) below. The wetlands transition area 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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.13 - Requirements for upland preservation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall approve mitigation
				through preservation of uplands only if the uplands meet the requirements in
				this section.
(b) Preserved uplands
				shall be valuable for the protection of a freshwater wetlands ecosystem.
				Factors the Department shall consider in evaluating an area for upland
				preservation include, but are not limited to:
1. The size and configuration of the uplands
				in relation to freshwater wetlands and/or State open waters, and the effect the
				preservation of these uplands would have on the wetlands or waters;
2. The diversity of the ecological
				communities on the entire site;
3.
				Whether the uplands to be preserved are located in the same watershed
				management area as the disturbance;
4. Whether the uplands to be preserved are
				adjacent to a freshwater wetland that:
i.
				Contains exceptional resource value wetlands;
ii. Contains critical habitat for flora or
				fauna;
iii. Contains wetlands or
				waters draining to trout maintenance waters, as defined at N.J.A.C. 7:9B, or
				into public drinking water sources;
iv. Is adjacent to public lands containing
				wetland preserves, such as Federal wildlife refuges, State wildlife management
				areas, State parks or forests, State, County or local wetland preservation
				areas, or wetland preservation areas held by non-profit conservation
				organizations;
v. Has unique
				aspects or characteristics that contribute to its ecological value, such as an
				unusual or regionally rare type of wetland;
5. The relationship of the proposed uplands
				to existing and planned development;
6. Whether the uplands have been designated
				for preservation in a watershed management area plan approved by the Department
				under the Water Quality Management Planning Act,
				58:11A-1 et seq., and implementing
				rules at N.J.A.C. 7:15; and
7.
				Whether the site contains solid or hazardous waste, or contains water or soil
				pollution. Uplands that contain waste or pollution shall not be considered
				valuable for the protection of a freshwater wetlands ecosystem.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.14 - 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, State open waters, or transition areas
				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 receipt of documentation from the
				permittee 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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.16 - Requirements for a monetary contribution to the Department's in-lieu fee program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter includes the requirements for a monetary contribution to the
				Department's ILF Program, described at
				N.J.A.C.
				7:7A-11.23, to compensate for wetland impacts
				in accordance with the State of New Jersey In-Lieu Fee Mitigation Program
				Instrument (ILF Instrument) made and entered into by and among the Department,
				the USEPA, and the Wetlands Mitigation Council.
(b) For mitigation through a monetary
				contribution to the ILF Program, the mitigator shall first obtain the
				Department's authorization to use monetary contribution as the mitigation
				alternative. After the Department determines that monetary contribution is the
				appropriate mitigation alternative, the mitigator shall either:
1. For an individual permit, obtain approval
				from the Wetlands Mitigation Council for the amount of the monetary
				contribution; or
2. For a general
				permit, calculate the amount of the monetary contribution in accordance with
				(e) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.17 - 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 wetlands, State open waters, and transition areas. 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 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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.18 - 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 and block numbers, 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 N.J.A.C. 7:7A-11.17(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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.19 - 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 and block numbers, 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 N.J.A.C. 7:7A-11.17(l).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.20 - 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 and block
				numbers, 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 N.J.A.C. 7:7A-11.17(l).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.21 - 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 and block
				numbers, 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 N.J.A.C. 7:7A-11.17(l).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.22 - Wetlands Mitigation Council

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The Wetlands Mitigation Council's duties and functions include:
1. Reviewing the following:
i. Proposed monetary contributions;
ii. Proposed land donations; and
iii. Proposed county mitigation
				inventories;