N.J. Admin. Code § 7:7A-3.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:7A-3.2 - Classification of freshwater wetlands by resource value

(a) Freshwater wetlands shall be divided into three classifications based on resource value. The Department shall consider the resource value classification of a wetland in, among other things, evaluating alternatives to the proposed regulated activity, in determining the size of the transition area, and in determining the amount and/or type of mitigation required.

(b) A freshwater wetland of exceptional resource value, or exceptional resource value wetland, is a freshwater wetland which:

1. Discharges into FW-1 or FW-2 trout production waters or their tributaries;

2. Is a present habitat for threatened or endangered species; or

3. Is a documented habitat for threatened or endangered species, and which remains suitable for breeding, resting, or feeding by these species during the normal period these species would use the habitat.

(c) For the purposes of (b) above, the Department identifies present and documented habitat for threatened or endangered species using the Landscape Project method, which focuses on habitat areas required to support local populations of threatened and endangered wildlife species. The report entitled New Jersey's Landscape Project, which is updated periodically, provides additional information on mapping methodology and is available at http://www.nj.gov/dep/fgw/ensp/landscape/index.htm. Interested parties may also obtain information by writing to the Division of Fish and Wildlife, Endangered and Nongame Species Program at:

The Landscape Project

State of New Jersey Department of Environmental Protection

Division of Fish and Wildlife Endangered and Nongame Species Program

Mail Code 501-03

PO Box 420

Trenton, NJ 08625-0420.

(d) If the Department becomes aware of an occurrence of an threatened or endangered wildlife species on or proximate to a site that is not mapped as threatened or endangered wildlife species habitat by the Landscape Project, and the Department determines that the habitat may be suitable for that species, the Department shall notify the applicant of the proposed exceptional resource value classification based on new endangered or threatened species data and provide them with the opportunity to contest the classification decision prior to formally classifying the wetlands of exceptional resource value in accordance with (b) above.

(e) An applicant may request that a documented habitat not result in the classification of a freshwater wetland as a freshwater wetland of exceptional resource value. Such a request shall include a demonstration of the long-term loss of one or more habitat requirements of the specific documented threatened or endangered species, including, but not limited to, wetlands size or overall habitat size, water quality, or vegetation density or diversity. Upon such a request, the Department shall review all available information, and shall make a final classification of the wetland.

(f) A freshwater wetland of ordinary resource value, or an ordinary resource value wetland, is a freshwater wetland, which does not exhibit any of the characteristics in (b) above, and which is:

1. An isolated wetland that:

i. Is smaller than 5,000 square feet; and

ii. Has the uses listed below covering more than 50 percent of the area within 50 feet of the wetland boundary. In calculating the area covered by a use, the Department will only consider a use that was legally existing in that location prior to July 1, 1988, or was permitted under this chapter since that date:

(1) Lawns;

(2) Maintained landscaping;

(3) Impervious surfaces;

(4) Active railroad rights-of-way; and

(5) Gravelled or stoned parking/storage areas and roads;

2. A drainage ditch;

3. A swale; or

4. A detention facility created by humans in an area that was upland at the time the facility was created regardless of the wetland resource classification of the wetland under this chapter, or the classification of the body of water, as FW-1 or FW-2 trout production, to which it discharges.

(g) A freshwater wetland of intermediate resource value, or intermediate resource value wetland, is any freshwater wetland not defined as exceptional or ordinary.

(h) The classification system established under this section shall not restrict the Department's authority to require the creation or restoration of freshwater wetlands under N.J.A.C. 7:7A.

(i) To obtain a Department determination of the resource value classification for a particular wetland, an applicant may obtain a letter of interpretation from the Department under N.J.A.C. 7:7A-4.

N.J. Admin. Code § 7:7A-3.2

Amended and recodified from 7:7A-2.4 by 49 N.J.R. 3849(a), effective 12/18/2017

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