N.J. Admin. Code § 7:13-13.4

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

Section 7:13-13.4 - Amount of mitigation required

(a) This section governs the amount of mitigation required for a regulated activity within a riparian zone under an individual permit, depending upon the area of riparian zone vegetation cleared, cut, and/or removed, the width of the riparian zone, and the type of regulated activity.

(b) Where a regulated activity is located within a 300-foot riparian zone, mitigation is required for the total area of vegetation that is cleared, cut, and/or removed, except for the following regulated activities provided the limits set forth in Table 11.2 are not exceeded:

1. The construction of a new aboveground or underground utility line that meets the requirements of N.J.A.C. 7:13-11.2(k);

2. The reconstruction, replacement, repair, or maintenance of an existing aboveground or underground utility line that meets the requirements of N.J.A.C. 7:13-11.2(l);

3. Construction associated with a single-family home or duplex that meets the requirements of N.J.A.C. 7:13-11.2(m) or (n); or

4. The construction of a trail or boardwalk that meets the requirements of N.J.A.C. 7:13-11.2(t).

(c) Where a regulated activity is located within a 50- or 150-foot riparian zone, mitigation is required as follows:

1. For the investigation, cleanup, or removal of hazardous substances under N.J.A.C. 7:13-11.2(r), or a solid waste landfill closure and post-closure plan or disruption approval under N.J.A.C. 7:13-11.2(s), mitigation is required for the total area of vegetation that is cleared, cut, and/or removed;

2. For a regulated activity subject to N.J.A.C. 7:13-11.2(y), which results in the clearing, cutting, and/or removal of greater than 2,000 square feet of riparian zone vegetation, mitigation is required for the total area of vegetation that is cleared, cut, and/or removed; and

3. For a regulated activity other than those listed at (c)1 and 2 above, mitigation is required for the area of any riparian zone vegetation that is cleared, cut, and/or removed in excess of any limit set forth in Table 11.2.

N.J. Admin. Code § 7:13-13.4

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

Adopted by 49 N.J.R. 2246(a), effective 7/17/2017