N.J. Admin. Code § 7:13-13.10

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

Section 7:13-13.10 - Riparian zone creation

(a) This section sets forth specific requirements for riparian zone creation plans.

(b) If creation is the mitigation alternative, the Department shall require creation at a creation to loss ratio of 1:1 unless the applicant demonstrates in accordance with (b)1 below that creation at a ratio of less than 1:1 will provide equal ecological functions and values.

1. A mitigator may create riparian zones at a ratio of less than 1:1 if the mitigator demonstrates through the use of productivity models or other similar studies that creating a smaller area of riparian zone will result in replacement riparian zones of equal ecological value to those lost or disturbed. However, in no case shall the Department approve a creation to loss ratio of less than 0.5:

1. In order to demonstrate equal ecological value, the mitigator shall survey the conditions on the site of disturbance and on the proposed mitigation area and provide written documentation regarding the proposed type and density of vegetation, the sediment and pollution removal ability of the proposed riparian zone vegetation, all proposed bank stability and erosion protection measures, and any anticipated wildlife habitat conditions. The documentation shall detail how the mitigation proposal will fully replace the ecological values of the riparian zone lost or disturbed.

(c) The Department shall approve a riparian zone creation plan only if a regulated water, which is enclosed by a structure, such as a pipe or culvert, is restored to a natural condition such that:

1. All structures enclosing the regulated water are removed;

2. The regulated water is restored to a natural condition and configuration, including channel geometry, sinuosity, and benthic characteristics to the maximum extent practicable; and

3. The channel is stabilized and planted with native, non-invasive vegetation in accordance with N.J.A.C. 7:13-12.14(c)1 or using soil bioengineering in accordance with N.J.A.C. 7:13-12.14(c)2.

(d) The area of mitigation for which the mitigator receives credit under a riparian zone creation plan shall be calculated as the sum of:

1. The area of land that lies between the tops of bank of the restored regulated water; and

2. Any created riparian zone located outside of the tops of bank, provided the area is:

i. Restored to a natural condition, free from any gravel, impervious surface, or other structures and manmade materials, except for soil bioengineering or other structures necessary to support the proposed plan; and

ii. Planted with native, non-invasive vegetation of equivalent or superior density and ecological functions and values as the disturbed area for which mitigation is being provided.

N.J. Admin. Code § 7:13-13.10

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016

Recodified from 7:13-13.9 by 49 N.J.R. 2246(a), effective 7/17/2017