N.J. Admin. Code § 7:7A-7.16

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

Section 7:7A-7.16 - General permit 16- Creation, restoration, and enhancement of habitat and water quality functions and values

(a) General permit 16 authorizes regulated activities in freshwater wetlands, transition areas, and State open waters necessary to implement a plan for the creation, restoration, or enhancement of habitat and water quality functions and values of wetlands. Activities authorized under this general permit include, but are not limited to:

1. Altering hydrology to restore, enhance, 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. Aquatic habitat enhancement devices or 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; and

5. Removing, planting, cutting, burning, or otherwise managing vegetation in order to increase habitat diversity or control invasive flora.

(b) Creation, restoration, and enhancement activities are eligible for authorization under this general permit, provided the conditions at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. The plan is:

i. Approved by one of the following agencies:

(1) The Department's Division of Fish and Wildlife;

(2) The Department's Office of Natural Resource Restoration;

(3) The USFWS;

(4) The USDA Natural Resources Conservation Service;

(5) A government resource protection agency, such as a parks commission; or

(6) A charitable conservancy; or

ii. Required by or approved by a government agency, such as the Department and/or USACE, under a mitigation plan.

(1) Pursuant to N.J.A.C. 7:7A-11, a mitigation plan submitted to the Department to satisfy the requirements and/or conditions of a permit does not require the submittal of a separate application for an authorization or permit;

2. The project is consistent with the goals of the Freshwater Wetlands Protection Act;

3. The project will improve the values and functions of the ecosystem;

4. The project will have a reasonable likelihood of success;

5. The activities disturb the minimum amount of freshwater wetlands, transition areas, and/or State open waters necessary to successfully implement the project plan; and

6. The activities do not decrease the total combined area of freshwater wetlands, State open waters, and/or transition areas on a site. However, the Department may approve such 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 wetlands to State open waters or transition areas, conversion of State open waters to wetlands or transition areas, or the conversion of transition areas to freshwater wetlands or State open waters, if the Department determines that such conversion is environmentally beneficial.

(c) This general permit does not authorize an activity unless the sole purpose of the activity is habitat creation, restoration, or enhancement. For example, general permit 16 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, restoration, or enhancement. Similarly, general permit 16 does not authorize a flood control project that may also result in creation, restoration, or enhancement of some wildlife habitat.

(d) An application for authorization under general permit 16 does not require an application fee under N.J.A.C. 7:7A-18.

(e) If a project complies with general permit 16 and also includes an activity covered under another general permit, the entire project shall be authorized through general permit 16 and shall not require authorization under the other general permit, provided that each activity covered by another general permit complies with that general permit's requirements and limits. For example, if a habitat creation project includes bank stabilization activities, and meets all requirements of general permit 20 as well as general permit 16, the Department may authorize the project under general permit 16 alone.

(f) If an activity is exempt under this chapter, it shall not require authorization under general permit 16 solely by virtue of being conducted as part of a program included in (b) above. For example, if a farmer proposes a habitat enhancement project that is eligible for authorization under general permit 16, and some of the activities involved in the project meet the requirements for the farming exemption under N.J.A.C. 7:7A-2.4(c), those activities do not lose their exempt status merely by virtue of being part of a project authorized under general permit 16.

N.J. Admin. Code § 7:7A-7.16

Amended and recodified from 7:7A-5.16 by 49 N.J.R. 3849(a), effective 12/18/2017