N.J. Admin. Code § 7:7-17.14

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:7-17.14 - Wetlands mitigation hierarchy

(a) This section applies to wetlands mitigation projects and governs the mitigation alternative required and the location of mitigation in relation to the impacts to wetlands.

(b) Mitigation shall be performed through restoration, creation, or enhancement of wetlands onsite in the same drainage area or estuary as the impacts or, if that is not feasible, then either offsite in the same drainage area or estuary as the impacts or through the purchase of credits from a mitigation bank with a service area that includes the area of impacts. In determining the feasibility of onsite or offsite mitigation or credit purchase, the Department shall consider the following factors regarding the proposed mitigation area:

1. Size. Generally, the larger a mitigation area is, the greater is 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 (e) below.

(c) If mitigation as described at (b) above is not feasible, then mitigation shall be required in the form of one or more of the following, as determined in consultation with the Department:

1. Monetary contribution in accordance with the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-11.16;

2. Upland preservation in accordance with the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-11.13; or

3. In-lieu fee payment in accordance with 7:7-17.16.

(d) If mitigation as described at (c) above is not feasible, mitigation shall be in the form of a land donation in accordance with the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-11.15.

N.J. Admin. Code § 7:7-17.14

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 49 N.J.R. 3849(a), effective 12/18/2017