New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7 - COASTAL PERMIT PROGRAM RULES
Subchapter 17 - MITIGATION
Section 7:7-17.5 - Property suitable for mitigation
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Mitigation under this subchapter may be carried out on private or public property.
(b) Except as provided in (c) below, the Department shall approve mitigation on property that is owned in fee simple and under the full legal control of the person responsible for performing the mitigation, unless the person responsible for performing the mitigation demonstrates that they have legal rights to the property sufficient to enable compliance with all requirements of this chapter.
(c) The Department shall approve mitigation on public property if:
(d) The following shall not constitute mitigation under this subchapter:
(e) The Department shall not approve creation, enhancement, or restoration of a wetland in an area that the Department has determined is currently of high ecological value.
(f) The Department shall not approve mitigation or a mitigation bank that would:
(g) The Department shall not approve mitigation or a mitigation bank in an area where the proposed mitigation poses an ecological risk. For purposes of this section, ecological risk means that the mitigation or mitigation bank activities have the potential to result in the reintroduction of contamination to ecological communities, the exposure of humans to contamination, or the contamination of the mitigation site by subsequent exposure to new areas of contamination requiring remediation. The proposed mitigation site shall be properly characterized to determine ecological risk. The mitigator shall prepare this characterization and assessment in accordance with the Technical Requirements for Site Remediation at 7:26E-1.16 and 4.9.
(h) Properties where a substantial amount of soil must be removed in order to achieve suitable wetland hydrology are not acceptable mitigation sites.