N.J. Admin. Code § 7:7A-7.26

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

Section 7:7A-7.26 - General permit 26- Redevelopment of previously disturbed areas

(a) General permit 26 authorizes the disturbance of certain degraded freshwater wetlands, transition areas, and/or State open waters necessary for redevelopment of an area previously significantly disturbed by industrial or commercial activities, provided all applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. The activities are located in wetlands that were previously disturbed or were formed as a result of previous disturbance by commercial or industrial activities;

2. The area is abandoned or underutilized;

3. The area meets at least one of the following criteria:

i. It has been identified on the inventory of brownfield sites compiled by the Brownfields Redevelopment Task Force pursuant to N.J.S.A. 58:10B-23b;

ii. It is the subject of a redevelopment agreement entered into pursuant to N.J.S.A. 58:10B-27;

iii. It has been identified as an environmental opportunity zone pursuant to N.J.S.A. 54:4-3.150 et seq.; or

iv. It has been identified as an area of redevelopment by the municipality and formally designated as such by the New Jersey Department of Community Affairs in accordance with N.J.S.A. 40A:12A-6;

4. The freshwater wetlands, transition areas, and/or State open waters to be disturbed are significantly degraded by human disturbance or alteration and are of little ecological value. Examples of significantly degraded wetlands are those that have formed as a result of a landfill cap, ponding of contaminated ground or surface water, or as a result of demolition of structures on a previously developed site;

5. The activities disturb no more than one acre of a freshwater wetlands and/or State open water, which is a not a water of the United States;

6. The activities disturb no more than one acre of a transition area; and

7. The activities disturb no more than one-half acre of a freshwater wetland and/or State open water, which is a water of the United States.

(b) Mitigation shall be performed for all permanent loss and/or disturbance of 0.1 acres or greater of freshwater wetlands or State open waters. Mitigation shall be performed for permanent loss and/or disturbance of less than 0.1 acres of freshwater wetlands or State open waters unless the applicant demonstrates to the Department that all activities have been designed to avoid and minimize impacts to wetlands. For purposes of this subsection, "minimize" means that the project is configured so that most or all of it is contained in the uplands on the site, and that the wetlands are avoided to the greatest extent possible. An applicant is not required to reduce the scope of the project or to consider offsite alternatives to comply with this requirement.

1. The mitigation shall meet the substantive and procedural requirements at N.J.A.C. 7:7A-11 and shall be submitted to the Department for review and approval no later than 90-calendar days prior to the initiation of regulated activities authorized by this general permit.

(c) A disturbance authorized under general permit 26 does not count toward the one acre of disturbance allowed under multiple general permits under N.J.A.C. 7:7A-5.4(a)2.

N.J. Admin. Code § 7:7A-7.26

Amended and recodified from 7:7A-5.27 by 49 N.J.R. 3849(a), effective 12/18/2017