N.J. Admin. Code § 7:7A-3.3 - Identifying a transition area
(a) A transition
area serves as:
1. An ecological transition
zone from uplands to freshwater wetlands which is an integral portion of the
freshwater wetlands ecosystem, providing temporary refuge for freshwater
wetlands fauna during high water episodes, critical habitat for animals
dependent upon but not resident in freshwater wetlands, and slight variations
of freshwater wetland boundaries over time due to hydrologic or climatologic
effects; and
2. A sediment and
storm water control zone to reduce the impacts of development upon freshwater
wetlands and freshwater wetlands species.
(b) Acts or acts of omission in a transition
area that adversely affect a transition area's ability to serve as any of the
areas described below at (b)1 to 7 shall be deemed inconsistent with (a) above:
1. A temporary refuge for freshwater wetlands
fauna during high water episodes;
2. A habitat area for activities such as
breeding, spawning, nesting and wintering for migrating, endangered,
commercially and recreationally important wildlife;
3. An area to accommodate slight variations
in freshwater wetland boundaries over time due to hydrologic or climatologic
effects;
4. A remediation and
filtration area to remove and store nutrients, sediments, petrochemicals,
pesticides, debris and other pollutants as they move from the upland towards
the freshwater wetlands;
5. A
buffer area to keep human activities at a distance from freshwater wetlands,
thus reducing the impact of noise, traffic, and other direct and indirect human
impacts on freshwater wetlands species;
6. A corridor area which facilitates the
movement of wildlife to and from freshwater wetlands and from and to uplands,
streams and other waterways; and
7.
A sediment and storm water control area to reduce the adverse effects of
development or disturbance upon freshwater wetlands, flora and fauna, and
nearby waterways.
(c) A
transition area is required adjacent to a freshwater wetland of exceptional
resource value and of intermediate resource value as classified in
N.J.A.C. 7:7A-3.2
. A
transition area is not required adjacent to a freshwater wetland of ordinary
resource value or adjacent to a State open water.
(d) The standard widths of a transition area
are set forth at (d)1 and 2 below. These standard widths shall only be modified
through the issuance of a transition area waiver. The types of transition area
waivers are listed at N.J.A.C.
7:7A-8.1(a)
.
1. The standard width of a transition area
adjacent to a freshwater wetland of exceptional resource value shall be 150
feet.
2. The standard width of a
transition area adjacent to a freshwater wetland of intermediate resource value
shall be 50 feet.
(e) A
person shall not engage in regulated activities, as described at
N.J.A.C. 7:7A-2.3
, in a
transition area except pursuant to a transition area waiver.
(f) A transition area shall be measured
outward from a freshwater wetland boundary line on a horizontal scale
perpendicular to the freshwater wetlands boundary line as shown in Figure 1
below. The outside boundary line of a transition area shall parallel, that is,
be equidistant from, the freshwater wetlands boundary line, unless the
Department issues a transition area waiver. The width of the transition area
shall be measured as the minimum distance between the freshwater wetlands
boundary and the outside transition area boundary.
Data in image
Notes
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