N.J. Admin. Code § 7:45-12.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:45-12.4 - Waiver of stream corridor impact standards

(a) Projects otherwise subject to review by the Commission for stream corridor impact may be waived from strict adherence to such standards if the applicant establishes to the satisfaction of the Commission that:

1. The project will not have an adverse impact upon the stream corridor's ability to function as a buffer for the water course's ecological health and as a natural area; or

2. The project incorporates environmentally sound site planning techniques, or preserves other natural areas, either of which can be demonstrated to have a greater ecologically beneficial effect than would compliance with this chapter. Neither of these techniques will be accepted by the Commission, however, for proposals that include either:

i. Intrusions into the 100-year flood plain portion of the stream corridor; or

ii. For water courses that drain directly into the Canal, intrusions within 150 feet of their tops of banks.

N.J. Admin. Code § 7:45-12.4