N.J. Admin. Code § 7:7A-11.11

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

Section 7:7A-11.11 - Mitigation for transition area impacts in accordance with N.J.A.C. 7:7A-8.3(g) (special activity transition area waivers based upon individual permit criteria)

(a) This section governs the mitigation alternative required and the location of mitigation in relation to the disturbance for a transition area impact in accordance with N.J.A.C. 7:7A-8.3(g) (special activity transition area waivers based upon individual permit criteria). Mitigation for a transition area disturbance shall be performed through restoration or enhancement of transition areas carried out on the site of the disturbance to the maximum extent feasible.

(b) If onsite transition area restoration or enhancement is not feasible, mitigation shall be performed through:

1. The purchase of credits from a mitigation bank with a service area that includes the area of disturbance; or

2. Offsite restoration or enhancement in the same watershed management area as the disturbance.

(c) If transition area mitigation is not feasible under (b) above, mitigation shall be performed through:

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

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

3. A land donation approved by the Wetland Mitigation Council in accordance with N.J.A.C. 7:7A-11.15.

N.J. Admin. Code § 7:7A-11.11

Amended and recodified from 7:7A-15.26 by 49 N.J.R. 3849(a), effective 12/18/2017