New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 11 - MITIGATION
Section 7:7A-11.1 - Definitions
In addition to the terms defined at N.J.A.C. 7:7A-1.3 , the following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Charitable conservancy" means a corporation or trust that meets the definition of a charitable conservancy at 13:8B-2, and amendments thereto. As of September 4, 2001, 13:8B-2 defines a charitable conservancy as a corporation or trust whose purposes include the acquisition and preservation of land or water areas or of a particular land or water area, or either thereof, in a natural, scenic or open condition, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which has received tax exemption under section 501(c) of the 1954 Internal Revenue Code.
"Council" means the Wetlands Mitigation Council.
"Creation" means the establishment of freshwater wetland or State open water 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. 7:7A-1.3, as a substitute for performance of restoration, creation, enhancement, or upland 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 or higher 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 in a bank at which similar values and functions have been established.
"In-lieu fee program" or "ILF Program" means a program approved by the Department and the USEPA that involves the restoration, creation, enhancement, and/or preservation of wetland and State open water habitats through funds paid to a government or non-profit entity to satisfy compensatory mitigation requirements. An in-lieu fee mitigation program sells compensatory mitigation credits to permittees whose obligation to provide mitigation is transferred to the in-lieu fee mitigation program.
"In-lieu fee program instrument" or "ILF Instrument" means the legal document for the establishment, operation, and use of an in-lieu fee mitigation 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 area" means the portion of a site or piece of property upon which mitigation is proposed or performed. If a mitigation area includes a wetland, a transition area is included as part of the mitigation area in accordance with N.J.A.C. 7:7A-11.12(c).
"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 piece of property, upon which a mitigation bank is proposed or developed.
"Monetary contribution" or "monetary contribution to the in-lieu fee program" means giving money to the Wetlands Mitigation Council.
"Out-of-kind mitigation" means mitigation that is not in-kind mitigation.
"Restoration" means:
1. The reestablishment of wetland and/or State open water characteristics and functions in an area that was once a wetlands and/or State open water 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 State open water that was temporarily disturbed.
"Service area" means the geographic area within which impacts can be mitigated at a specific mitigation bank.
"Upland preservation" means the permanent protection of transition areas or other uplands from disturbance or development, through transfer of the property to a charitable conservancy and the execution of legal instruments to prevent development, such as a conservation restriction.
"Watershed Management Area" means an aggregation of HUC 11s designated by the Department as a watershed management area and shown on the map entitled "New Jersey's Watersheds, Watershed Management Areas, and Water Regions," dated April 2000, as amended and supplemented. The map of watershed management areas may be viewed on the internet at http://www.nj.gov/dep/gis.
"Wetlands Mitigation Council" or "Council" means the body established under 13:9B-14 to perform the functions enumerated at 13:9B-15. The Wetlands Mitigation Council administers the Wetlands Mitigation Fund.
"Wetlands Mitigation Fund" means the repository for monetary contributions made for mitigation purposes, established at N.J.S.A. 13:9B-14aas the "Wetlands Mitigation Bank."
