N.J. Admin. Code § 7:13-13.13

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

Section 7:13-13.13 - Riparian zone preservation

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

(b) An applicant proposing to provide riparian zone mitigation under a preservation plan shall preserve undeveloped land such that future development is precluded within the preserved area.

(c) If preservation is the mitigation alternative, the area preserved shall be sufficient to ensure that the functions and values resulting from the preservation area will fully compensate for the loss of functions and values caused by the disturbance. At a minimum, the area preserved shall be:

1. Valuable for the protection of a riparian zone ecosystem;

2. Free of solid or hazardous waste, and water and soil pollution; and

3. Significantly larger than the area that would be required for any other mitigation alternative.

(d) Other factors the Department shall consider in determining whether an area is valuable for the protection of a riparian zone ecosystem include, but are not limited to:

1. The diversity of the ecological communities of the land to be preserved;

2. The relationship of the land to be preserved to existing and planned development; and

3. Whether the land to be preserved is adjacent to a riverine system that:

i. Includes headwaters;

ii. Is adjacent to public lands containing preserved lands, such as Federal wildlife refuges, State wildlife management areas, State parks or forests, or State, county, or local preservation areas; and

iii. Has unique aspects or characteristics that contribute to its ecological value, such as an unusual or regionally rare type of ecosystem.

(e) The Department shall determine mitigation through preservation successful upon demonstration that any required conservation restriction has been recorded in accordance with N.J.A.C. 7:13-14.

N.J. Admin. Code § 7:13-13.13

New Rule, R.2016 d.055, effective 6/20/2016.
See: 47 N.J.R. 1041(a), 48 N.J.R. 1067(a).
Recodified from N.J.A.C. 7:13-13.12 by R.2017 d.141, effective 7/17/2017.
See: 48 N.J.R. 1014(a), 49 N.J.R. 2246(a).
Former N.J.A.C. 7:13-13.13, Requirements for credit purchase from an approved mitigation bank, recodified to N.J.A.C. 7:13-13.14.
Amended by R.2018 d.040, effective 1/16/2018.
See: 49 N.J.R. 2122(a), 50 N.J.R. 361(a).
Rewrote (e).