N.J. Admin. Code § 7:13-13.11

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

Section 7:13-13.11 - Riparian zone restoration and enhancement

(a) This section sets forth specific requirements for riparian zone restoration and enhancement plans.

(b) If restoration is the mitigation alternative, the Department shall require restoration at a restoration to loss ratio of 2:1, unless the applicant demonstrates in accordance with (b)1 below that restoration at a ratio of less than 2:1 will provide equal ecological functions and values.

1. A mitigator may restore riparian zones, or land adjacent to riparian zones in accordance with (d) below, at a ratio of less than 2:1 if the mitigator demonstrates through the use of studies that restoring 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 restoration ratio of less than 1:

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 existing and proposed type and density of vegetation, the sediment and pollution removal ability of the existing and proposed riparian zone vegetation, all proposed bank stability and erosion protection measures, and any anticipated wildlife habitat conditions. The documentation shall also detail how the mitigation proposal will replace the ecological values of the riparian zone lost or disturbed.

(c) If enhancement is the mitigation alternative, the Department shall require enhancement at an enhancement to loss ratio of 3:1, unless the applicant demonstrates in accordance with (b)1 below that enhancement at a ratio of less than 3:1 will provide equal ecological functions and values.

1. A mitigator may enhance riparian zones, or land adjacent to riparian zones in accordance with (d) below, at a ratio of less than 3:1 if the mitigator demonstrates through the use of studies that enhancing 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 ratio of less than 1:

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 existing and proposed type and density of vegetation, the sediment and pollution removal ability of the existing and proposed riparian zone vegetation, all proposed bank stability and erosion protection, and any anticipated wildlife habitat conditions. The documentation shall also detail how the mitigation proposal will replace the ecological values of the riparian zone lost or disturbed.

(d) The Department shall approve a riparian zone restoration or enhancement plan only if the land intended for restoration or enhancement is:

1. 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;

2. 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;

3. Located within 100 feet from any top of bank along a regulated water possessing a 50-foot riparian zone;

4. Located within 300 feet from any top of bank along a regulated water possessing a 150-foot riparian zone;

5. Located within 300 feet from any top of bank along a regulated water possessing a 300-foot riparian zone; and

6. Not separated from the regulated water along which the mitigation is proposed by a roadway, railroad or other intervening structure.

(e) The Department shall approve a riparian zone restoration plan that consists of restoring to a natural condition a regulated water that has been previously straightened, channelized, or lined with revetments, retaining walls, or other armoring, only if:

1. All structures lining 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 practical; and

3. The channel is stabilized with native, non-invasive vegetation.

N.J. Admin. Code § 7:13-13.11

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

Recodified from 7:13-13.10 by 49 N.J.R. 2246(a), effective 7/17/2017