N.J. Admin. Code § 7:7A-11.16

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

Section 7:7A-11.16 - Requirements for a monetary contribution to the Department's in-lieu fee program

(a) This subchapter includes the requirements for a monetary contribution to the Department's ILF Program, described at N.J.A.C. 7:7A-11.23, to compensate for wetland impacts in accordance with the State of New Jersey In-Lieu Fee Mitigation Program Instrument (ILF Instrument) made and entered into by and among the Department, the USEPA, and the Wetlands Mitigation Council.

(b) For mitigation through a monetary contribution to the ILF Program, the mitigator shall first obtain the Department's authorization to use monetary contribution as the mitigation alternative. After the Department determines that monetary contribution is the appropriate mitigation alternative, the mitigator shall either:

1. For an individual permit, obtain approval from the Wetlands Mitigation Council for the amount of the monetary contribution; or

2. For a general permit, calculate the amount of the monetary contribution in accordance with (e) below.

(c) The Wetlands Mitigation Council shall approve the amount of a monetary contribution for an individual permit only if the contribution is equal to the lesser of the following:

1. The cost of buying and enhancing and/or restoring existing degraded freshwater wetlands and/or State open waters, resulting in an area that will provide equal functions and values to that disturbed; or

2. The cost of buying uplands and creating freshwater wetlands, and/or State open waters, resulting in an area that will provide equal functions and values to that disturbed.

(d) In determining the costs at (c)1 and 2 above, the Council may consider cost estimates submitted by the applicant and the Department, information obtained from experts in the field of mitigation (including Council members), and any other information available to the Council.

(e) The following analysis shall be used to determine the amount of a monetary contribution when mitigating for general permit impacts at N.J.A.C. 7:7A-7:

1. For single family property owners, the acreage of wetlands/State open water impacts multiplied by $ 47,600, adjusted in accordance with (f) below using the Consumer Price Index for Urban Consumers, as published by the United States Department of Labor; or

2. For all other property owners, the acreage of wetlands/State open water impacts multiplied by $ 377,000, adjusted in accordance with (f) below using the Consumer Price Index for Urban Consumers, as published by the United States Department of Labor.

(f) When the Department determines, based on an annual review of the Consumer Price Index for Urban Consumers as published by the United States Department of Labor under (e)1 or 2 above, that the singular or cumulative Consumer Price Index adjustment(s) results in a change of $ 500.00 or more above the currently codified figure, the Department shall publish a notice of administrative change announcing the adjustment and the amount of the adjusted monetary contribution in the New Jersey Register.

(g) The Department shall declare mitigation through a monetary contribution to the ILF Program successful upon a demonstration that:

1. For a monetary contribution for an individual permit:

i. The Wetlands Mitigation Council has approved the amount of the monetary contribution;

ii. The monetary contribution has been completed in accordance with the ILF Instrument and the Council resolution approving the contribution, all applicable permit conditions, requirements of this subchapter, and requirements of the approved mitigation proposal; and

iii. The ILF Program Administrator has received the payment in full; or

2. For a monetary contribution for a general permit:

i. The amount has been properly calculated in accordance with (e) above; and

ii. The ILF Program Administrator has received the payment in full.

N.J. Admin. Code § 7:7A-11.16

Amended by R.2008 d.291, effective 10/6/2008.
See: 39 N.J.R. 3587(a), 40 N.J.R. 5581(a).
In the introductory paragraph of (a), inserted "either" and inserted designation (a)1; in (a)1, inserted "If mitigating for an individual permit," and substituted "(a) through (c); or" for a period at the end; added (a)2; added new (b)1 and (b)2; recodified former (b)1 and (b)2 as (b)1i and (b)1ii; and in (b)1ii, substituted "or" for a period at the end.
Recodified from N.J.A.C. 7:7A-15.18 and amended by R.2017 d.243, effective 12/18/2017.
See: 49 N.J.R. 834(a), 49 N.J.R. 3849(a).
Section was "Requirements that apply after the Department approves mitigation through a monetary contribution". Rewrote the section.
Administrative change.
See: 51 N.J.R. 613(a).
Administrative change, effective 10/5/2020.
See: 52 N.J.R. 1848(a).
Administrative change, effective 3/15/2021.
See: 53 N.J.R. 426(a).

Administrative Change, 54 N.J.R. 2090(b), effective 10/8/2022