N.J. Admin. Code § 7:13-9.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:13-9.4 - General permit 4-creation, restoration, and enhancement of habitat and water quality values and functions

(a) General permit 4 authorizes regulated activities necessary to implement a plan for the creation, restoration, or enhancement of habitat and water quality functions and values in a regulated area. Activities authorized under this general permit include, but are not limited to:

1. Altering hydrology to create, restore, or enhance wetlands, such as by blocking, removing, or disabling a manmade drainage ditch or other drainage structure such as a tile, culvert, or pipe;

2. Breaching a structure such as a dike, berm, or low dam in order to allow water into an area. Breaching or removing a dam is not regulated under this chapter, pursuant to N.J.A.C. 7:13-12.11;

3. Placing habitat improvement structures such as:

i. Nesting islands;

ii. Fencing to contain, or to prevent intrusion by, livestock or other animals; and

iii. Aquatic habitat enhancement devices or habitat improvement structures such as placed boulders, stream deflectors, or brush piles;

4. Regrading to provide proper elevation or topography for wetlands restoration, creation, or enhancement; and

5. Removing, planting, cutting, burning, or otherwise managing vegetation in order to increase habitat diversity or control nuisance flora.

(b) Creation, restoration, and enhancement activities are eligible for authorization under this general permit, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The plan is:

i. Approved by one of the following agencies:

(1) The Department's Division of Fish and Wildlife;

(2) The Department's Office of Natural Resource Restoration;

(3) The U.S. Fish and Wildlife Service;

(4) The USDA Natural Resources Conservation Service;

(5) A government resource protection agency such as a parks commission; or

(6) A charitable conservancy; or

ii. Required by or approved by a government agency, such as the Department and/or U.S. Army Corps of Engineers, under a mitigation plan.

(1) Pursuant to N.J.A.C. 7:13-13, a riparian zone mitigation plan submitted to the Department to satisfy the requirements and/or conditions of an individual permit does not require the submittal of a separate application for an authorization or permit;

2. The project has a reasonable likelihood of success;

3. The project will improve the values and functions of the ecosystem;

4. The use of heavy equipment in any channel is avoided to the maximum extent practicable;

5. The timing restrictions set forth at 7:13-11.5(d) are observed;

6. The project does not involve relocating or significantly altering the cross-sectional area of a regulated water, or other activities addressed at N.J.A.C. 7:13-12.14(d);

7. Where regulated activities result in the placement of fill material in a flood hazard area, the applicant provides an engineering certification confirming that the flood storage displacement limitations of 7:13-11.4are met; and

8. Where regulated activities are proposed within a channel or floodway, the applicant provides an engineering certification confirming that the project will not increase offsite flooding during any flood event described in 7:13-12.1(i).

(c) This general permit does not authorize any activity unless the sole purpose of the activity is habitat creation, restoration, or enhancement of habitat and water quality values and functions is a primary goal of the project. For example, this general permit does not authorize construction of a detention basin for stormwater management or a flood control project that may also incidentally result in water quality benefits or the creation, restoration, or enhancement of some wildlife habitat.

N.J. Admin. Code § 7:13-9.4

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016