Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:7-17.4 - Amount of mitigation required(a) This section sets forth the general requirements for determining the amount of mitigation required. Specific requirements for each type of mitigation project are located as follows: 1. Requirements for shellfish habitat mitigation at 7:7-17.9;2. Requirements for submerged vegetation habitat mitigation at 7:7-17.10;3. Requirements for intertidal and subtidal shallows and tidal water mitigation at 7:7-17.11;4. Requirements for riparian zones mitigation at 7:7-17.12;5. Requirements for wetland mitigation at 7:7-17.13;6. Requirements for credit purchase at 7:7-17.15; and7. Requirements for in-lieu fee payment at 7:7-17.16.(b) If a proposed mitigation area is affected by an easement or other encumbrance, the portion of the property affected by the encumbrance will not be considered in calculating the total amount of mitigation provided, unless the applicant demonstrates that the encumbrance will not prohibit compliance with the mitigation requirements of this chapter.N.J. Admin. Code § 7:7-17.4
Adopted by 47 N.J.R. 1392(a), effective 7/6/2015