N.J. Admin. Code § 7:50-6.10

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

Section 7:50-6.10 - Wetlands management

(a) Notwithstanding the other standards of this subchapter, the establishment of a characteristic wetland, as defined in N.J.A.C. 7:50-6.4 and 6.5, on inactive farmland or the removal of exotic plant species or Phragmites from a wetland shall be permitted provided that:

1. The proposed activities, including any grading and herbicide use, are required to establish the wetland or to remove the exotic plant species or Phragmites;

2. Activities undertaken to establish a characteristic wetland or remove exotic plants or Phragmites from a wetland will not impair the long term integrity of the wetland;

3. The proposed activities will not result in an irreversible adverse impact on the long term survival of any local populations of those plant species designated pursuant to N.J.A.C. 7:50-6.27(a) and 7:5C-5.1;

4. The proposed activities will not result in an irreversible adverse impact on the long term survival of any local populations of those animal species designated pursuant to N.J.S.A. 23:2A-1 et seq.;

5. All plant stock used in the project will be obtained from areas proximate to the site or, if that is not practical, from locally native naturally occurring sources;

6. The applicant analyzes and certifies that appropriate measures will be taken to assure that no adverse off-site impacts, including material changes in stream flows, shall occur; and

7. A monitoring protocol is prepared, submitted and implemented by the applicant to ensure that actual outcomes are appropriately documented and reported.

(b) Notwithstanding the other standards of this subchapter, the establishment of a characteristic wetland, as defined in N.J.A.C. 7:50-6.4 and 6.5, that adversely affects another type of characteristic wetland may be permitted only if:

1. The proposed activities are intended to create or expand a non-forested wetland community as listed in N.J.A.C. 7:50-6.5, to establish a local population of a plant species designated pursuant to N.J.A.C. 7:50-6.27(a) or 7:5C-5.1, or to create habitat conditions conducive for an animal species designated pursuant to N.J.S.A. 23:2A-1 et seq.;

2. The wetland that will be adversely affected commonly occurs throughout the Pinelands and is identified as a forested wetlands community in N.J.A.C. 7:50-6.5;

3. The proposed activities, including any grading and herbicide use, are required to accomplish the project;

4. The proposed activities will not result in an irreversible adverse impact on the long term survival of any local populations of those plant species designated pursuant to N.J.A.C. 7:50-6.27(a) and 7:5C-5.1;

5. The proposed activities will not result in an irreversible adverse impact on the long term survival of any local populations of those animal species designated pursuant to N.J.S.A. 23:2A-1 et seq.;

6. All plant stock used in the project will be obtained from areas proximate to the site or, if that is not practical, from locally native naturally occurring sources;

7. The applicant analyzes and certifies that appropriate measures will be taken to assure that no adverse off-site impacts, including material changes in stream flows, shall occur;

8. The proposal is based upon documented results achieved under similar conditions or is proposed as part of a research project to confirm a sound hypothesis;

9. If the proposal is part of a research project to confirm a sound hypothesis, an appropriate research design has been prepared and submitted which justifies the size, location, and protocols of the study; and

10. A monitoring protocol is prepared, submitted and implemented by the applicant to ensure that actual outcomes are appropriately documented and reported.

(c) Fish and wildlife management activities and wetlands management activities other than those expressly authorized in (a) and (b) above shall be permitted in wetlands only if:

1. The minimum standards of all other parts of this subchapter are met;

2. The proposed activities will not have a significant adverse impact, as set forth in N.J.A.C. 7:50-6.7, on the wetlands in which the activities are carried out; and

3. The standards set forth in (b)10 and either (b)8 or 9 above are met.

N.J. Admin. Code § 7:50-6.10

Repeal and New Rule, R.2009 d.385, effective 12/21/2009.
See: 41 N.J.R. 2398(a), 41 N.J.R. 4786(a).
Section was "Fish and wildlife management".