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
N.J.S.A.
13:8B-2, and amendments thereto. As of
September 4, 2001,
N.J.S.A.
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
N.J.S.A.
13:9B-14 to perform the functions enumerated
at N.J.S.A. 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."
