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61 Cards in this Set
- Front
- Back
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When was NJ's Freshwater Wetlands Protection Act enacted?
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1987
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Where does the Freshwater Wetlands Protection Act not supersede local freshwater wetlands regulations?
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Pinelands and Meadowlands
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Who administers the Freshwater Wetlands Protection Act?
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NJ DEP
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What is a "wetland?"
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Land area, saturated or inundated with surface or groundwater at a frequency or duration sufficient to support hydrophytic vegetation
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What manual is used for delineating freshwater wetlands?
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1989 Federal Manual
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What are the three biological parameters used to delineate wetlands?
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-hydric soils
-hydrophytic vegetation -hydrology |
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What are the three categories of wetlands?
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-exceptional
-intermediate -ordinary |
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What are exceptional wetlands? What is the transition area?
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-FW-1 and FW-2 (trout production) waters and their tributaries
-wetlands with documented or rare or endangered species -150' transition area |
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What are intermediate wetlands? What is the transition area?
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-Not exceptional or ordinary
-50' transition area |
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What are ordinary wetlands? What is the transition area?
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-typically isolated, less than 5000 sf
-has previous uses covering more than 50% of the area (lawns, gravel, impervious, etc) -no transition area |
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What are state open waters? What is the transition area under the FWPA?
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-typically include lakes, natural ponds, rivers, and streams with a bank that is upland
-no transition zone, however, flood hazard control act requires a 50' or 150' riparian zone |
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What activities are regulated in wetlands and state open waters?
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-excavation
-drainage or disturbing waterflow -discharge of fill -driving of pilings -permanent obstructions, including those that span, yet shade wetlands -destruction of plant life |
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What activities are not regulated in wetlands and state open waters?
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-surveying w/handheld devices and no motorized vehicles
-temporary structures less than 32 sf w/out permanent foundation -guy anchors for utility poles -hand trimming of vegetation |
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What activities are regulated in wetland transition areas?
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-excavation
-discharge of fill -erection of structures -pavement -destruction of plant life |
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What activities are not regulated in wetland transition areas?
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-normal maintenance of property + creation of gardens less than 1/4 acre
-temp disturbance for construction -temp structures of less than 150 sf (max of 6 mos) |
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What is a Letter of Interpretation?
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From NJ DEP; legal statement of jurisdiction that verifies the wetland boundary and classifies the wetland resource; only state accepted certification
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How long is a LOI valid?
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5 years w/renewal option
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What are the four types of LOIs?
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Presence Absence Determination; Footprint of Disturbance; Line Delineation; Line Verification
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What is a Presence Absence Determination LOI?
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Provides yes or no relative to the presence or absence of wetlands, transition areas, or state open waters on a property
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What is a Footprint of Disturbance LOI?
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Provides yes or no relative to the presence or absence of wetlands, transition areas, or state open waters on a property within a project's "footprint of disturbance" up to 1 acre
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What is a Line Delineation LOI?
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For property less than 1 acre, owner may request NJ DEP staff to conduct wetland delineation
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What is a Line Verification LOI?
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For property more than 1 acre, owner's consultant conducts the wetlands delineation; most common LOI
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What activities are a permit required for in wetlands, transition areas, and state open waters?
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All regulated activities
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When are wetlands permits issued, generally?
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When there is no practicable alternative to the proposed activity
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What are the 2 tiers of NJ DEP wetland permits? What are they for?
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-Tier 1: Statewide General Permit and Transition Area permit programs
-Tier 2: Individual Permit Program |
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What are Transition Area Permits?
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Given for those activities that occur in transition areas only and do not have an impact on wetlands
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What mitigation ration is required for permanent loss of wetlands or state open waters?
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2:01:00
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What permits are mitigation required for?
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All individual and some general permits
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What 2 types of development are recognized in the wetlands permit review?
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water-dependent and non-water dependent
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Where exception wetlands and non-water-dependent activities are involved in permitting, what must be proved?
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-compelling public need
-extraordinary hardship |
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In what order are permits and mitigation plans reviewed?
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Concurrently
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What is a vernal pool?
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Confined wetland depression holds water for at least 2 consecutive months of the year
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Who administers the Wetlands Mitigation Bank?
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Wetlands Mitigation Council (6 members, 3 year terms, appt by gov)
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What is the Wetlands Mitigation Bank empowered to do?
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Purchase land for the restoration of wetlands, fund mitigation, and enhance or restore degraded wetlands on public and private lands
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What is the enabling legislation for NJDEP's flood control regulations?
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Flood Hazard Area Control Act
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What are the two distinct and overlapping areas of jurisdiction of the Flood Hazard Area Control Act?
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Flood hazard area and riparian zone
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What is the flood hazard area?
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Area inundated by the flood hazard design flood and is equal to the 100-year flood plus a factor of safety in non-tidal areas
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What is the riparian zone?
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50, 150, or 300 feet along both sides of a regulated water
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Where does a flood hazard are exist?
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Along every regulated water that has a drainage area of 50 acres or more (except Ocean)
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What is the flood hazard area comprised of?
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Flood fringe and floodway
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In non-tidal areas, what net percentage of flood storage can be displaced by development?
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0%
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What percentage of flood storage can be displaced by development as long as equal volume compensation is created off-site?
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20%
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Where do Riparian zones exist?
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Along every regulated water (except Atlantic Ocean, manmade lagoon, storm water basin, or barrier island)
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How wide is a Riparian zone?
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300' along Category One waters; 150' along trout producing water and their tributaries; 50' along all other waters
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What are the regulated activities within the flood hazard area?
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-excavation, grading, placement of fill
-clearing or cutting vegetation in the riparian zone -placement of impervious surfaces -storage of unsecured material -construction, reconstruction, and/or enlargement of a structure -conversion of a building into a private residence or public housing |
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What are the 3 types of permits pertaining to flood hazard areas?
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Permits-by-Rule; General Permits; Individual Permits
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How is the riparian zone measured?
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From the top of the bank of a stream and extends on both sides of the waterway
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Generally, when will NJ DEP allow a regulated activity to occur within a riparian zone?
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If it is determined that the basic purpose of the project cannot be accomplished onsite without disturbing riparian zone vegetation
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When permanent disturbance of the riparian zone is permitted, mitigation of the impact is required at what ratio?
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2:1 ratio
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What are the three laws that supplement the MLUL as it applies to coastal areas?
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Coastal Area Facilities Review Act (CAFRA); Tidal Wetlands Act; Waterfront Development Act
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What counties does CAFRA regulated development coastal areas in?
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Atlantic, Burlington, Cape May, Cumberland, Middlesex, Monmouth, Ocean, and Salem
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What are the regulated development activities under CAFRA?
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-development located on a beach or dune
-development located within 150' of the mean high water line or most landward limit of the beach or dune |
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What is required of CAFRA permitting as an integral part of a complete development application?
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An Environmental Impact Statement or compliance statement
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What is the (Tidal) Wetlands Act of 1970 intended to do?
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Designed to protect the ecological balance and unique habitat of the intertidal estuarine zone
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What is a significant difference between the Tidal Wetlands Act and other coastal and wetland regulations?
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The regulated area is established by map rather than by field conditions
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What areas are not included in the mapped tidal wetlands of the Tidal Wetlands Act regulations?
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Meadowlands
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When may the Superior Court exempt property from a regulation or permit requirement of the Tidal Wetlands Act?
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If it finds the law deprives the owner of the practical use of his or her land or is equivalent to a taking of the land
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What is the focus of the Waterfront Development Act of 1914?
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Preservation and enhancement of navigable waterways for purposes of marine commerce
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What area does the Waterfront Development Act cover?
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All of the waterfronts of all coastal waterways in the state, with the exception of upland areas under CAFRA
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What are waterfront development permits required for?
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All development in the area 100' above to 500' below the 18-year average mean high-water line
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What are the three types of waterfronts delineated in the Waterfront Development Act?
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-Hackensack Meadowlands area (all waterways below the mean high-water line)
-CAFRA area (the coastal area intertidal waterways below the mean high-water line) -other areas (all intertidal lands below the mean high-water line and upland areas to the first paved road, railroad, or property line - not less than 100' no more than 500' |
