N.J. Admin. Code § 7:13-13.9

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

Section 7:13-13.9 - Riparian zone mitigation hierarchy

(a) This section governs the mitigation alternatives available to compensate for riparian zone vegetation disturbances and the location of the mitigation in relation to the area where disturbance to riparian zone vegetation is proposed to occur, or, in the case of a violation, has occurred.

(b) Mitigation for a riparian zone vegetation disturbance shall be performed through creation, enhancement, restoration, or preservation of riparian zones onsite *. If onsite mitigation* is not feasible, then mitigation shall be provided offsite in accordance with the following:

1. For disturbance to vegetation within a 300-foot riparian zone that is associated with a "major development," as defined in the Department's Stormwater Management rules at N.J.A.C. 7:8-1.2, mitigation shall be provided along either the same regulated water as the disturbance or an upstream tributary to that regulated water; and

2. For all other disturbance to riparian zone vegetation, mitigation shall be provided* offsite in the same watershed management area as the impacts or through the purchase of credits from a mitigation bank with a service area that includes the area of impacts. In determining the feasibility of onsite or offsite mitigation or credit purchase, the Department shall consider the following factors regarding the proposed mitigation area:

i. Size. Generally, the larger a mitigation area is, the greater is its potential environmental benefit. A mitigation area that is associated with a large existing riparian zone complex is more likely to be environmentally beneficial;

ii. Location in relation to other preserved open space. A mitigation area adjacent to public land or other preserved areas is more likely to be environmentally beneficial;

iii. Habitat value. A mitigation area that will provide valuable habitat for critical wildlife species or threatened or endangered species is more likely to be environmentally beneficial; and

iv. Interaction with nearby resources. A mitigation project is more likely to be environmentally beneficial if it complements existing nearby resources. For example, a mitigation project that adds riparian wetlands habitat adjacent to an existing stream enhances the environmental value of both the riparian area and the stream.

(c) If offsite mitigation for riparian zone vegetation disturbance within the same watershed management area at (b) above is not feasible, mitigation may occur in another watershed management area, provided the mitigation is as close as possible to the watershed management area where the disturbance is to occur, as approved by the Department, and provided the mitigation fully compensates for the disturbance in accordance with N.J.A.C. 7:13-13.2.

N.J. Admin. Code § 7:13-13.9

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

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