N.J. Admin. Code § 7:7A-3.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7A-3.1 - Identifying freshwater wetlands

(a) Freshwater wetlands shall be identified and delineated using the three-parameter approach (that is, hydrology, soils, and vegetation) enumerated in the 1989 Federal Manual.

(b) To aid in determining the presence or absence of freshwater wetlands, the Department may refer to any of the following sources of information:

1. New Jersey Freshwater Wetlands maps prepared by the Department and available as indicated in (f) below;

2. United States Department of Agriculture Soil Surveys;

3. USGS quad maps;

i. NWI maps shall be used to indicate the approximate location of some freshwater wetlands;

ii. NWI maps have been determined to be unreliable for the purposes of locating the actual wetlands boundary;

4. USGS topographic maps;

5. Letters submitted by applicants containing site specific data;

6. Comments filed by municipal and county governments and interested citizens; and

7. Comments filed by State or Federal agencies.

(c) Vegetative species classified as hydrophytes and indicative of freshwater wetlands shall include, but not be limited to, those plants listed in "National List of Plant Species that Occur in Wetlands: 1988 New Jersey," compiled by the USFWS in cooperation with the USACE, USEPA, and the United States Soil Conservation Service, and any subsequent amendments thereto.

(d) To obtain a determination from the Department of the presence, absence, or boundaries of freshwater wetlands on a particular site, a person may apply to the Department for a letter of interpretation under N.J.A.C. 7:7A-4.

(e) The Department has developed freshwater wetlands maps at a scale of 1:12000 to provide guidance and for general informational purposes. These freshwater wetlands maps can help to determine the approximate extent and location of wetlands. However, these maps are for guidance only and do not take the place of nor supersede a wetland delineation that the Department has approved through a letter of interpretation issued for a particular site.

(f) The Department has provided the New Jersey freshwater wetlands maps to the offices listed at (f)1 and 2 below for public inspection. The maps are also available through NJ-GeoWeb at http://www.nj.gov/dep/gis/geowebsplash.htm.

1. The county clerk or registrar of deeds and mortgages in each county; and

2. The municipal clerk of each municipality.

N.J. Admin. Code § 7:7A-3.1

Amended and recodified from 7:7A-2.3 by 49 N.J.R. 3849(a), effective 12/18/2017

Administrative Change, 51 N.J.R. 1193(a).