New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7 - COASTAL PERMIT PROGRAM RULES
Subchapter 17 - MITIGATION
Section 7:7-17.1 - Definitions
In addition to the terms defined at 7:7-1.5, the following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Creation" means the establishment of wetland or intertidal and subtidal shallows characteristics and functions in uplands.
"Credit purchase" means the purchase of credits from a mitigation bank, as that term is defined at N.J.A.C. 7:7-1.5, as a substitute for performance of restoration, creation, enhancement, or preservation by a permittee. Each credit counts for a certain acreage amount of mitigation type. Once a credit is applied to satisfy a mitigation obligation under this subchapter, it is exhausted and may not be sold or used again.
"Degraded wetland" means a wetland in which there is impaired surface water flow or groundwater hydrology, or excessive drainage; a wetland that has been partially filled or excavated, contaminated with hazardous substances, or that has an ecological function substantially less than that of undisturbed wetlands in the region.
"Enhancement" means the improvement of the ability of an existing, degraded wetland or intertidal and subtidal shallow to support natural aquatic life through substantial alterations to the soils, vegetation, and/or hydrology. Improvement of a wetland or water that is not degraded does not constitute enhancement.
"Fee simple" means absolute ownership in land, unencumbered by any other interest or estate.
"In-kind mitigation" means mitigation that provides similar values and functions as the area disturbed, including similar wildlife habitat, similar vegetative species coverage and density, equivalent flood water storage capacity, and equivalency of other relevant values or functions. In the case of a mitigation bank, this is accomplished through the purchase of credits at which similar values and functions have been established.
"In-lieu fee program" means a program approved by the Department and the USACE that involves the restoration, creation, enhancement, and/or preservation of aquatic resources through funds paid to a government or non-profit entity to satisfy compensatory mitigation requirements for both State and USACE permits. An in-lieu fee program sells compensatory mitigation credits to permittees whose obligation to provide mitigation is transferred to the in-lieu fee program. An in-lieu fee program does not refer to contributions to the Wetlands Mitigation Council or the Department's dedicated account for shellfish habitat mitigation.
"In-lieu fee program instrument" means the legal document for the establishment, operation, and use of an in-lieu fee program.
"Mitigation" means activities carried out in accordance with this subchapter in order to compensate for the loss or disturbance of wetlands, intertidal and subtidal shallows, submerged aquatic vegetation, riparian zones, or shellfish habitat.
"Mitigation banking instrument" means documentation of Department approval of the objectives and administration of the bank including, as appropriate:
1. Bank goals and objectives;
2. Ownership of bank lands;
3. Bank size and classes of wetlands and/or other aquatic resources proposed for inclusion in the bank, including a site plan and specifications;
4. Description of baseline conditions at the bank site;
5. Geographic service area;
6. Wetland classes or other aquatic resource impacts suitable for compensation;
7. Methods for determining credits and debits;
8. Accounting procedures;
9. Performance standards for determining credit availability and bank success;
10. Reporting protocols and monitoring plan;
11. Contingency and corrective actions and responsibilities;
12. Financial assurances;
13. Compensation ratios; and
14. Provisions for long-term management and maintenance.
"Mitigation bank site" means the portion of a site, or the piece of property, upon which a mitigation bank is proposed or developed.
"Monetary contribution" means giving money to the Department's dedicated account for shellfish habitat mitigation or the Wetlands Mitigation Council.
"Out-of-kind mitigation" means mitigation that is not in-kind mitigation.
"Restoration" means:
1. The reestablishment of wetland, submerged vegetation habitat, tidal water, and/or intertidal and subtidal shallows characteristics and functions in an area that was once a wetlands and/or intertidal and subtidal shallows but is no longer; or
2. The reversal of a temporary disturbance and the reestablishment of the functions and values of the wetlands and/or intertidal and subtidal shallows that was temporarily disturbed.
"Service area" means the geographic area within which impacts can be mitigated at a specific mitigation bank.
"Temporary disturbance" means a regulated activity that occupies, persists and/or occurs on a site for no more than six months. Where a disturbance associated with certain regulated activities, such as hazardous substance remediation or solid waste facility closure, is intended to be temporary but will exceed six months in duration because of the nature of the activity, the Department will consider the disturbance to be temporary for purposes of this subchapter provided the disturbed areas are restored to their original topography, and all necessary measures are implemented to ensure that the original vegetative cover onsite is restored to its previous (or an improved) condition.
"Wetlands Mitigation Fund" means the repository for monetary contributions made for mitigation purposes, established at 13:9B-14.a as the "Wetlands Mitigation Bank".
