N.J. Admin. Code § 7:13-8.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:13-8.3 - General permit-by-certification 3-agricultural bank stabilization and/or bank restoration activities

(a) General permit-by-certification 3 authorizes bank stabilization and/or bank restoration activities along a regulated water on land that is actively farmed, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The activities are intended solely for agricultural purposes;

2. The activities are approved by and performed under the supervision of the USDA Natural Resource Conservation Service and/or local Soil Conservation District, as appropriate;

3. Where feasible, the project is accomplished by cutting back the bank to a stable slope and planting with native, non-invasive plant species suitable for stabilization. Generally a slope of no greater than 50 percent (a ratio of two horizontal to one vertical) is recommended to stabilize an eroded bank. Where vegetation alone cannot feasibly stabilize erosion, or would require greater than 2,000 square feet of trees to be cleared, cut, and/or removed, soil bioengineering shall be used to stabilize the erosion. In no case shall greater than 2,000 square feet of trees be cleared, cut, and/or removed;

4. The cross-sectional area of the regulated water is not significantly altered;

5. The applicant obtains an engineering certification confirming that the activity will not obstruct flow in the regulated water or floodway;

6. Clearing, cutting, and/or removal of riparian zone vegetation is the minimum necessary to successfully implement the project; and

7. The timing restrictions set forth at N.J.A.C. 7:13-11.5(d) are observed.

N.J. Admin. Code § 7:13-8.3

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