N.J. Admin. Code § 7:7-17.9

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

Section 7:7-17.9 - Requirements for shellfish habitat mitigation

(a) This section sets forth the requirements for mitigation required pursuant to N.J.A.C. 7:7-9.2 for impacts to shellfish habitat.

(b) Mitigation for impacts to shellfish habitat associated with the construction of a dock, pier, mooring, or marina shall include:

1. The recording of a conservation restriction in accordance with N.J.A.C. 7:7-18. In addition to the requirements at N.J.A.C. 7:7-18, the conservation restriction shall also meet the requirements at (b)1i or ii below:

i. If the dock, pier, mooring, or marina is associated with an unbulkheaded shoreline, the conservation restriction shall prohibit the construction of a shoreline protection structure other than stone rip-rap or other similar sloped revetment; or

ii. If the dock, pier, mooring, or marina is associated with a previously bulkheaded shoreline, the conservation restriction shall prohibit replacement, reconstruction, or rehabilitation of the bulkhead with anything other than a non-polluting material; and

2. A monetary contribution to the Department's dedicated account for shellfish habitat mitigation. The amount of each monetary contribution shall be based on the area of shellfish habitat condemned due to coverage by the structure and boat moorings, the documented shellfish density on the property, and the commercial value of the shellfish resource.

N.J. Admin. Code § 7:7-17.9

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