New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 11 - MITIGATION
Section 7:7A-11.23 - New Jersey In-Lieu Fee Mitigation Program

Universal Citation: NJ Admin Code 7:7A-11.23

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The Department's ILF Program provides a third-party compensatory mitigation option for unavoidable impacts to wetland resources and enforcement actions approved by the Department.

(b) The ILF Program will be used for all activities and program management related to the selection, design, acquisition, implementation, monitoring, management, and long-term protection of ILF Program projects.

(c) The ILF Program Instrument sets forth guidelines and responsibilities for the establishment, use, operation, protection, monitoring, and maintenance of the ILF Program to ensure that work associated with the ILF Program produces the necessary compensatory mitigation credits to compensate for unavoidable impacts to wetland resources. The ILF Program Instrument is intended to ensure New Jersey's Wetland Mitigation Fund complies with EPA's 2008 regulations governing in-lieu fee programs ( 40 CFR 230.98 ). The Council will sell credits to satisfy compensatory mitigation requirements only if all of the terms of the ILF Program Instrument are satisfied.

(d) The Council shall receive 10 percent of each monetary contribution when contributions are deposited into the ILF Program account. This administrative fee will be used for reasonable overhead and related costs of administering the ILF Program.

(e) The Council shall disperse mitigation fund dollars in accordance with the ILF Program Instrument for ILF projects within primary and secondary service areas of the State.

(f) The Council is authorized to sell credits to provide compensatory mitigation for impacts authorized by the Department within each service area, provided:

1. The Council collects the monetary contributions in accordance with the ILF Instrument; and

2. In the event that a project funded by the Council fails to result in mitigation, and the Council fails to timely fund an alternative mitigation project, the Council deducts the outstanding mitigation obligations from its pool of available credits.

(g) The Department will only consider the Council to be a feasible alternative for mitigation if the Council maintains a minimum balance of 10 credits and the Department is satisfied the Council is accurately accounting for its mitigation obligations.

(h) If the Council does not perform in accordance with the ILF Instrument, or this subchapter, the Department will reevaluate whether using the Council is a feasible means of ensuring mitigation.

(i) If the Department determines that Council is no longer a feasible alternative for mitigation, the Department shall ensure that all outstanding wetland mitigation obligations are met in accordance with this subchapter.

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