N.J. Admin. Code § 7:7-6.24

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

Section 7:7-6.24 - General permit 24 - habitat creation, restoration, enhancement, and living shoreline activities

(a) This general permit authorizes habitat creation, restoration, enhancement, and living shoreline activities necessary to implement a plan for the restoration, creation, enhancement, or protection of the habitat, water quality functions, and values of wetlands, wetland buffers, and open water areas, which is sponsored by a Federal or State agency or other entity described in (b) below. For the purposes of this general permit, a "sponsor" shall endorse the activities in writing.

(b) The following habitat creation, restoration, enhancement, and living shoreline plans are acceptable provided they demonstrate compliance with (c) through (g) below:

1. A fish and/or wildlife management plan created or approved by the Department's Division of Fish and Wildlife;

2. A project plan approved under the Partners for Fish and Wildlife program, Coastal Program, or a similar program administered by the USFWS;

3. A project plan created by the U.S. Department of Agriculture's Natural Resources Conservation Service under the Wetlands Reserve program, the Conservation Reserve program, the Conservation Reserve Enhancement program, the Wildlife Habitat Incentive program (WHIP), or a similar program, and approved by the local Soil Conservation District;

4. A plan approved by the Department's Office of Natural Resource Damages for the restoration, creation or enhancement of natural resources injured as the result of an oil spill or release of a hazardous substance;

5. A mitigation project required or approved by a government agency, such as the USACE;

6. A habitat creation, restoration, or enhancement plan carried out by one of the Federal or State agencies at (b)1 through 5 above or by a government resource protection agency such as a parks commission;

7. A habitat creation, restoration, or enhancement plan carried out by a charitable conservancy provided that the plan is part of a program listed at (b)2 through 5 above;

8. A living shoreline plan designed and/or sponsored by the Department, the USFWS, the Natural Resource Conservation Services, the USACE, the USEPA, or NOAA's Restoration Center; or

9. A living shoreline plan implemented by a college or university for the purpose of research.

(c) Habitat creation, restoration, enhancement, and living shoreline activities that are authorized by this general permit include, but are not limited to, the following:

1. Altering hydrology to restore or create wetlands conditions, such as by blocking, removing, or disabling a human-made drainage ditch or other drainage structure such as a tile, culvert or pipe;

2. Breaching a structure such as a dike or berm in order to allow water into an area;

3. Placing habitat improvement structures such as:

i. Nesting islands;

ii. Fencing to contain, or to prevent intrusion by, livestock or other animals; and

iii. Fish habitat enhancement devices or fish habitat improvement structures such as placed boulders, stream deflectors, or brush piles;

4. Regrading to provide proper elevation or topography for wetlands restoration, creation, or enhancement;

5. Cutting, burning, or otherwise managing vegetation in order to increase habitat diversity or control nuisance flora; or

6. Establishing a living shoreline to protect, restore, or enhance a habitat.

(d) To be eligible for authorization under this general permit, an applicant shall demonstrate that the proposed project:

1. Is part of a plan for the restoration, creation, or enhancement of the habitat and water quality functions and values of wetlands, wetland buffers, and/or State open waters;

2. Is consistent with the requirements of the Wetlands Act of 1970, the Waterfront Development Law, the Coastal Area Facility Review Act and this chapter;

3. Will improve or maintain the values and functions of the ecosystem; and

4. Will have a reasonable likelihood of success, or, if performed by a college or university, in accordance with (b)9 above, will advance the level of knowledge regarding living shorelines in the State.

(e) Activities under this general permit, except for living shoreline activities, which are subject to the requirements of (f) below, shall comply with the following:

1. If the proposed habitat creation, restoration, or enhancement activity is to take place in special areas, as defined at N.J.A.C. 7:7-9, the general permit authorization shall be issued only if the Department finds that there are no practicable alternatives that would involve less or no disturbance or destruction of special areas;

2. The activities shall disturb the minimum amount of special areas as defined at N.J.A.C. 7:7-9 necessary to successfully implement the project plan;

3. The activities shall not decrease the total combined area of special areas on a site. However, the Department may approve a decrease if the Department determines that the activities causing the decrease are sufficiently environmentally beneficial to outweigh the negative environmental effects of the decrease. In addition, the Department may approve conversion of one special area to another special area if the Department determines that such conversion is environmentally beneficial; and

4. If the activities involve the removal of a dam, the activities shall be conducted in accordance with a permit issued pursuant to N.J.A.C. 7:20 by the Department's Dam Safety Section in the Division of Engineering and Construction.

(f) Living shoreline activities shall comply with the following:

1. The project area below the mean high water line is one acre in size or less, unless the applicant is a county, State, or Federal agency that demonstrates that a larger project size is necessary to satisfy the goals of the project;

2. The project shall disturb the minimum amount of special areas as defined at N.J.A.C. 7:7-9, necessary to successfully implement the project plan. The Department may approve a reduction in the size of a particular special area in order to allow an increase in a different special area if the Department determines that the activities causing the reduction are sufficiently environmentally beneficial to outweigh the negative environmental effects of the reduction; and

3. Where the living shoreline is intended to restore an existing shoreline to a previous location, the living shoreline, including all associated fill, shall not exceed the footprint of the shoreline as it appeared on the applicable Tidelands Map, except for a structural component of the project intended to reduce wave energy.

(g) Public access shall be provided in accordance with the lands and waters subject to public trust rights rule, N.J.A.C. 7:7-9.48, and the public access rule, N.J.A.C. 7:7-16.9.

(h) This general permit does not authorize an activity unless the sole purpose of the activity is habitat creation, restoration, enhancement, or a living shoreline. For example, this general permit does not authorize construction of a detention basin in wetlands for stormwater management, even if the detention basin or the project of which the basin is a part will also result in habitat creation or enhancement.

N.J. Admin. Code § 7:7-6.24

Renumbered from 7:7-7.29 by 47 N.J.R. 1392(a), effective 7/6/2015