N.J. Admin. Code § 7:7-9.26

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:7-9.26 - Riparian zones

(a) A riparian zone is the land and vegetation within and adjacent to a regulated water. A riparian zone exists along both sides of every regulated water and includes the regulated water itself, except as provided in (b) below. The extent of a riparian zone is determined in accordance with (c), (d), and (e) below.

(b) There is no riparian zone within or along the following:

1. The Atlantic Ocean;

2. The barrier island complex;

3. Any lawfully existing manmade lagoon;

4. Any lawfully existing stormwater management basin or wastewater treatment pond;

5. Any segment of a regulated water enclosed within a lawfully existing pipe, culvert or bridge; and

6. Any lawfully existing, manmade open channel that was created to convey stormwater, provided the channel is fully lined with manmade impervious material, such as a concrete low-flow channel within a stormwater basin or a ditch completely lined with concrete or asphalt.

(c) The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. For the purposes of this section, the top of bank means the upper limit of the bank of a regulated water, which is typically characterized by an observable change or break in the slope of the land.

(d) Where the top of bank as defined in (c) above is not discernible along the regulated water, the top of bank shall be considered:

1. The centerline of the regulated water, for a linear regulated water that has a drainage area of less than 150 acres;

2. The limits of the two-year flood, for a linear regulated water that has a drainage area of 150 acres or more, except as provided in (d)3 below;

3. The normal water surface limit, for:

i. A linear fluvial regulated water that contains water at all times and has a drainage area of 10 square miles or more; or

ii. A non-linear fluvial regulated water, such as a lake or pond;

4. The mean high water line, for a non-linear tidal regulated water, such as a bay or inlet; and

5. The feature's centerline, for an amorphous or irregularly-shaped feature, such as a wetland complex through which a regulated water flows but lacks a discernible or coherent channel.

(e) The width of the riparian zone is as follows:

1. The width of the riparian zone along any regulated water designated as a Category One water, and all upstream tributaries situated within the same HUC-14 watershed, is 300 feet;

2. Except for the regulated waters listed at (e)1 above, the width of the riparian zone along the following regulated waters is 150 feet:

i. Any trout production water and all upstream waters (including tributaries);

ii. Any trout maintenance water and all upstream waters (including tributaries) located within one mile of a trout maintenance water (measured along the length of the regulated water); and

iii. Any segment of a water flowing through an area that contains endangered or threatened wildlife or plant species habitat, which is critically dependent on the regulated water for survival, and all upstream waters (including tributaries) located within one mile of such habitat (measured along the length of the regulated water). A list of critically dependent species is available from the Department at the website set forth at 7:7-1.6; and

3. For all other regulated waters not identified in (e)1 or 2 above, the width of the riparian zone is 50 feet.

(f) The extent of the riparian zone shall be determined in accordance with the Flood Hazard Area Control Act Rules at 7:13-4.1(d) through (h), where:

1. A regulated water:

i. Naturally forms, begins, or ends within a site;

ii. Lies in proximity to a railroad or roadway; or

iii. Enters or exits a pipe, culvert, or bridge;

2. An impoundment has been constructed along a regulated water; or

3. Coastal wetlands are located along or adjacent to a regulated water.

(g) The riparian zones established under this chapter are separate from, and in addition to, any other similar zones or buffers established to protect surface waters. For example, the Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A, establish a 50-foot and 150-foot transition area along freshwater wetlands and other features that are also regulated under this chapter. Compliance with the riparian zone requirements of this chapter does not constitute compliance with the requirements of any other Federal, State, or local statute, regulation, or ordinance.

(h) Development in riparian zones shall conform with the requirements of the Flood Hazard Area Control Act Rules for a permit-by-rule at N.J.A.C. 7:13-6 and 7, a general permit-by-certification at N.J.A.C. 7:13-6 and 8, a general permit at N.J.A.C. 7:13-6 and 9, or an individual permit at N.J.A.C. 7:13-10, 11, and 12, as applicable.

(i) If endangered and/or threatened wildlife or species habitat is present within a riparian zone the requirements of 7:7-9.36, Endangered or threatened wildlife or plant species habitats, shall apply.

(j) For the purposes of this section, if a term is defined in this chapter and in the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, the definition in N.J.A.C. 7:13 shall govern. For any term used in this section that is not defined or otherwise described in this chapter but that is defined or described in the Flood Hazard Area Control Act Rules, the definition or description in N.J.A.C. 7:13 shall apply.

(k) Rationale: Healthy riparian systems are essential to the natural environment. Loss of soil and plant life that occurs adjacent to regulated waters not only threatens public and private property, but directly impacts water quality and the health of fish and wildlife. The extreme importance of preserving and restoring adequate stream corridor buffers has been well documented in recent decades. Riparian zone functions include stream bank stabilization, removal of sediment, nutrients and contaminants, flood storage, wildlife habitat, aesthetics, and recreation and education.

N.J. Admin. Code § 7:7-9.26

Renumbered from 7:7E-3.26 by 47 N.J.R. 1392(a), effective 7/6/2015

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016