N.J. Admin. Code § 7:7A-11.10

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

Section 7:7A-11.10 - Mitigation hierarchy for a larger disturbance

(a) This section governs, for a larger disturbance, the mitigation alternative required and the location of mitigation in relation to the disturbance. However, if a larger disturbance is a temporary disturbance it is governed by N.J.A.C. 7:7A-11.8.

(b) A larger disturbance is a disturbance not listed at N.J.A.C. 7:7A-11.9(b).

(c) Mitigation for a larger disturbance shall be performed through restoration, creation, or enhancement onsite or, if that is not feasible, then offsite in the same watershed management area as the disturbance or through the purchase of credits from a mitigation bank with a service area that includes the area of disturbance. In determining the feasibility of onsite or offsite mitigation for a larger disturbance, the Department shall consider the following factors regarding the proposed mitigation area:

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

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

1. A monetary contribution to the Department's ILF Program in accordance with N.J.A.C. 7:7A-11.16; or

2. Upland preservation, in accordance with N.J.A.C. 7:7A-11.13.

(e) If mitigation as described at (d) above is not feasible, mitigation shall be in the form of a land donation approved by the Wetland Mitigation Council in accordance with N.J.A.C. 7:7A-11.15.

(f) In order to demonstrate that offsite mitigation under (c) above is not feasible, an applicant shall provide to the Department a list of at least six sites within the same watershed management area to accommodate the required mitigation. With respect to each site on the list, the applicant shall explain why:

1. The site is not located at a practical elevation suitable for wetlands;

2. The site lacks an adequate water supply;

3. The site is not available for purchase; and

4. The site does not meet the requirements of N.J.A.C. 7:7A-11.4(i) regarding ecological risk.

N.J. Admin. Code § 7:7A-11.10

Amended and recodified from 7:7A-15.6 by 49 N.J.R. 3849(a), effective 12/18/2017