N.J. Admin. Code § 7:7A-11.15

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

Section 7:7A-11.15 - Requirements for a land donation

(a) If the Department determines that a land donation is the appropriate mitigation alternative, the mitigator shall apply to the Wetlands Mitigation Council for approval of the particular parcel of land to be donated.

(b) The Council shall approve the proposed parcel of land to be donated only if the amount of land to be donated is sufficient to ensure that the functions and values provided by the donated land will fully compensate for the loss of functions and values caused by the disturbance.

(c) If a proposed parcel to be donated is also being donated or otherwise restricted in order to satisfy requirements of another government agency, the Council shall not approve the donation unless the applicant also enhances or restores wetlands on the parcel. For example, if land is required by a municipality to be preserved as open space, the Council shall only approve the parcel for a land donation if the applicant also performs wetlands restoration or enhancement in accordance with this subchapter. If restoration or enhancement cannot be performed on the parcel, the Council shall not accept the parcel as a land donation.

(d) The Council shall approve the proposed parcel of land to be donated only if the applicant demonstrates that the land has the potential to be a valuable component of a wetland ecosystem. The Council shall evaluate each parcel to determine its potential on a case-by-case basis, taking into consideration the following:

1. The parcel shall be at least five acres in size, or shall be immediately adjacent to a protected natural area, such as a State wildlife management area;

2. The parcel shall not be adversely affected by solid waste, hazardous waste, or air, water, or soil pollution;

3. A functional comparison between the impacted wetland system and the wetland system proposed for donation; and

4. The parcel shall meet at least one, and preferably several, of the following criteria:

i. Contains exceptional resource value wetlands;

ii. Contains critical habitat for flora or fauna;

iii. Contains wetlands or waters draining to FW1 or category one waters, as defined at N.J.A.C. 7:9B, or into public drinking water sources;

iv. Contains wetlands or waters that connect one public open space or significant natural resource to another public open space or significant natural resource. For example, a parcel containing a stream that runs through two wildlife preserves that are not adjacent;

v. Is adjacent to public lands containing wetland preserves, such as a Federal wildlife refuge, a State wildlife management area, a State park or forest, or a State, county, or local wetland preservation area, or wetland preservation areas held by a charitable conservancy; or

vi. Has unique aspects or characteristics that contribute to its ecological value, such as an unusual or regionally rare type of wetland.

(e) The Department shall declare mitigation through a land donation successful upon a demonstration that:

1. The Wetlands Mitigation Council has approved the parcel to be donated; and

2. The land donation has been transferred in fee simple to a government agency or a Department approved charitable conservancy and that the transfer has been recorded with each county in which the preserved land is located;

3. The mitigator has provided the government agency or charitable conservancy with an adequate maintenance fund for maintenance and supervision of the mitigation area. The amount of the maintenance fund shall be determined by agreement between the mitigator and the agency or conservancy; and

4. The required conservation restriction has been recorded in accordance with N.J.A.C. 7:7A-12.

N.J. Admin. Code § 7:7A-11.15

Amended and recodified from 7:7A-15.19 by 49 N.J.R. 3849(a), effective 12/18/2017