N.J. Admin. Code § 7:7A-11.3 - Timing of mitigation

(a) Mitigation shall be performed within the applicable time period below:

1. Except for restoration of a temporary disturbance under

(a)2 below, mitigation required under a general permit authorization, individual permit, or special activity transition area waiver shall be performed prior to or concurrently with the regulated activity that causes the disturbance;

2. Mitigation for any temporary disturbance shall commence immediately upon completion of the regulated activity that caused the disturbance and shall continue until completion, which shall not exceed six months after the cessation of the regulated activities that caused the disturbance; and

3. Mitigation required as part of an enforcement action shall be performed in accordance with the schedule set forth in the enforcement document.

(b) All mitigation shall be continued until completion according to the schedule in the approved mitigation proposal.

(c) If a permittee fails to perform mitigation within the applicable time period in (a) above, the acreage of mitigation required shall be increased by 20 percent each year after the date mitigation was to begin. This shall compensate for the absence of the functions and values that were to be provided by the mitigation project during the delay. For example, a permit may authorize a disturbance, and require 10 acres of creation to compensate for that disturbance. If the disturbance is begun on January 1, 2001, but the mitigation is not performed prior to or concurrently with the disturbance and continued according to the approved schedule as required under (a)1 above, the acreage of creation required increases to 12 acres on January 1, 2002, in order to compensate for the absence of wetlands functions and values from the ecosystem during the time between the disturbance and the creation.

(d) In order to ensure compliance with (a) above, if mitigation is required for a publicly funded project, all work necessary to complete the mitigation shall be included in the contract awarded for the project, unless the applicant demonstrates that the mitigation will be performed by the applicant's staff and will not be awarded through a contract.

Notes

N.J. Admin. Code § 7:7A-11.3

Amended and recodified from 7:7A-15.3 by 49 N.J.R. 3849(a), effective 12/18/2017