N.J. Admin. Code § 7:13-13.1

Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:13-13.1 - Definitions

In addition to the terms defined at N.J.A.C. 7:13-1.2, the following words and terms, when used in this subchapter, shall have the following meanings.

"Creation" means restoring to a natural condition a regulated water that is enclosed by a structure, such as a pipe or culvert.

"Credit purchase" means the purchase of credits from a mitigation bank, as that term is defined at 7:13-1.2, as a substitute for performance of creation, restoration, enhancement, or preservation by a permittee. Once a credit is applied to satisfy a mitigation obligation under this subchapter, it is exhausted and may not be sold or used again.

"Enhancement" means the improvement of the functions and values of a degraded riparian zone or certain lands outside the riparian zone as described at N.J.A.C. 7:13-13.11, such as the removal of invasive plant species or the planting of native, non-invasive vegetation.

"Fee simple" means absolute ownership in land, unencumbered by any other interest or estate.

"Mitigation" means activities carried out in accordance with this subchapter in order to compensate for the loss or disturbance of riparian zones.

"Mitigation area" means the portion of a site or piece of property upon which mitigation is proposed or performed.

"Mitigation banking instrument" means documentation of Department approval of the objectives and administration of the bank including, as applicable:

1. Bank goals and objectives;

2. Ownership of bank lands;

3. Bank size and type of riparian zone resources or channel type proposed for inclusion in the bank; including a site plan and specifications;

4. Description of baseline conditions at the bank site;

5. Geographic service area;

6. Riparian zone disturbance suitable for compensation;

7. Methods for determining credits and debits;

8. Accounting procedures;

9. Performance standards for determining credit availability and bank success;

10. Reporting protocols and monitoring plan;

11. Contingency and corrective actions and responsibilities;

12. Financial assurances;

13. Compensation ratios; and

14. Provisions for long-term management and maintenance.

"Mitigation bank site" means the portion of a site, or piece of property upon which a mitigation bank is proposed or developed.

"Preservation" means the permanent protection of undeveloped land, in its natural state, from disturbance or development, through the execution of a conservation easement in accordance with N.J.A.C. 7:13-14.

"Restoration" means the reestablishment of the functions and values of a riparian zone or certain lands outside the riparian zone as described at N.J.A.C. 7:13-13.11, such as the removal of impervious surfaces and planting the area with native, non-invasive vegetation species or restoring a regulated water that has been previously straightened, channelized, or lined with revetments, retaining walls, or other armoring to a natural condition.

"Service area" means the geographic area within which impacts can be mitigated at a specific mitigation bank.

N.J. Admin. Code § 7:13-13.1

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016
Amended by 49 N.J.R. 2246(a), effective 7/17/2017