N.J. Admin. Code § 7:7A-10.4 - Additional requirements for a non-water dependent activity in exceptional resource value wetlands or trout production waters

(a) If an applicant proposes a non-water-dependent activity in wetlands of exceptional resource value or in trout production waters, the applicant, in addition to complying with all other requirements in this subchapter, shall also demonstrate either:
1. That there is a compelling public need for the proposed activity greater than the need to protect the freshwater wetland or trout production water, and that the need cannot be met by essentially similar projects in the region which are under construction or expansion, or which have received the necessary governmental permits and approvals; or
2. That denial of the permit would impose an extraordinary hardship on the applicant brought about by circumstances peculiar to the subject property.


N.J. Admin. Code § 7:7A-10.4
Recodified from 7:7A-7.5 by 49 N.J.R. 3849(a), effective 12/18/2017 Administrative Change, 50 N.J.R. 1147(a).

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