Current through Register Vol. 56, No. 18, September 16, 2024
(a) The outside boundary of a transition area
is determined solely by reference to the freshwater wetlands boundary and is
not affected by property lines. Therefore, a property within 150 feet of a
freshwater wetlands may contain a transition area that arises from a freshwater
wetlands on another property. Every property containing a transition area is
subject to this chapter, even if the freshwater wetland that causes the
transition area is located on another property.
(b) To determine whether a site has
transition areas on it caused by wetlands on another property:
1. Determine whether there are any wetlands
on any property within 150 feet of the site's property line. If not, there are
no transition areas on the site due to wetlands on nearby properties;
2. If there are freshwater wetlands on
another property within 150 feet of the site's property line, determine the
resource value classification of the wetlands on the nearby property. For a
Department-issued resource value classification of the wetlands, obtain an LOI
under N.J.A.C. 7:7A-4;
3. If all of
the freshwater wetlands on nearby properties within 150 feet of the site's
property line are ordinary resource value wetlands, there is no transition area
on the site arising from wetlands on other properties;
4. If any of the freshwater wetlands on
nearby properties within 150 feet of the site's property line cannot be
classified as ordinary resource value wetlands, determine the transition area
on the site as follows:
i. If any wetlands on
nearby properties are intermediate resource value wetlands, and are within 50
feet of the site's property line, there is at least some transition area on the
site arising from these wetlands. In order to determine the size and shape of
the transition area, obtain a delineation of the wetlands on the nearby
properties and determine the transition area for each under
N.J.A.C.
7:7A-3.3(d)
2;
and
ii. If any wetlands on nearby
properties are exceptional resource value wetlands, and are within 150 feet of
the site's property line, there is at least some transition area on the site
arising from these wetlands. In order to determine the size and shape of the
transition area, obtain a delineation of the wetlands on the nearby properties
and determine the transition area for each under N.J.A.C.
7:7A-3.3(d)
1;
and
5. To avoid
obtaining an LOI and/or delineating wetlands under (b)3 and 4 above, a person
can ensure compliance with transition area requirements arising from wetlands
on other properties by assuming that there are exceptional resource value
wetlands on all adjacent properties and refraining from any regulated
activities within 150 feet of the site's property line.
(c) It may be necessary to obtain written
permission from adjacent property owners to investigate their land within 150
feet of the site's boundary.
