N.J. Admin. Code § 7:13-4.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:13-4.1 - The riparian zone

(a) A riparian zone is the land and vegetation within and adjacent to a regulated water. Riparian zones exist along both sides of every regulated water and include the regulated water itself, except as provided at N.J.A.C. 7:13-2.3(c)1. The extent of a riparian zone is determined in accordance with (b) through (h) below.

(b) The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank.

(c) 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 (c)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 a threatened or endangered species, and/or present or documented habitat for those species, 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 N.J.A.C. 7:13-1.3; and

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

(d) Where a regulated water naturally forms, begins, or ends within a site, the riparian zone arcs around the end of the feature. (See Figure 4.1A below)

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(e) Where a roadway or railroad crosses over a lawfully existing pipe, culvert, or bridge, the riparian zone is truncated at the entrance and exit of the structure. The lines of truncation run parallel to the direction of traffic, and curve with the roadway, such that the roadway is not located within a riparian zone. (See Figure 4.1B below)

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(f) Where a regulated water enters or exits a lawfully existing pipe, culvert, or bridge, which is not part of a roadway or railroad as described in (e) above, the riparian zone is truncated at the entrance and exit of the structure, at a straight line that runs perpendicular to the predominant direction of flow in the regulated water. (See Figure 4.1C below)

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(g) Where a lawfully existing excavated area or impoundment filled with water lies along a regulated water, the riparian zone shall be measured outward from the top of bank of the excavated or impounded feature, with the exception of stormwater management basins and wastewater treatment ponds, since such features do not possess a riparian zone pursuant to N.J.A.C. 7:13-2.3(c)1. (See Figure 4.1D below)

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(h) Where a coastal wetland regulated under the Wetlands Act of 1970, N.J.S.A. 13:9A-1et seq., lies within a riparian zone, the riparian zone standards of this chapter do not apply within the wetland. (See Figure 4.1E below)

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(i) The riparian zones established by this chapter are separate from, and in addition to, any other similar zones or buffers established to protect surface waters. For example, the Highlands Water Protection and Planning Act Rules at N.J.A.C. 7:38 establish 300-foot buffers along certain waters. Furthermore, the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A establish 50-foot and 150-foot transition areas 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.

N.J. Admin. Code § 7:13-4.1

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