N.J. Admin. Code § 7:7A-11.8 - Mitigation for a temporary disturbance

(a) Mitigation for a temporary disturbance shall be performed as follows:

1. For a disturbance of non-forested freshwater wetlands or of State open waters, restoration of the area temporarily disturbed; or

2. For a disturbance of forested freshwater wetlands, either:

i. Restoration of the area temporarily disturbed to a forested wetland; or

ii. Restoration of the area temporarily disturbed to a non-forested wetland, and in addition, one acre of mitigation in accordance with this subchapter for each acre of disturbance.

(b) The transition area for a temporary disturbance shall be as follows:

1. If the mitigation is restoration performed on the site of the disturbance, the transition area shall be that which was required for the wetland prior to the temporary disturbance; and

2. If additional mitigation is performed under (a)2ii above, the width of the transition area on the mitigation area shall be the width required at N.J.A.C. 7:7A-11.12(c), as applicable.

Notes

N.J. Admin. Code § 7:7A-11.8

Amended and recodified from N.J.A.C. 7:7A-15.7 by 49 N.J.R. 3849(a), effective 12/18/2017