20250317a

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATERSHED AND LAND MANAGEMENT

Notice of Rule Proposal

Mitigation Rule

N.J.A.C. 7:7 Coastal Zone Management Rules

N.J.A.C. 7:7A Freshwater Wetlands Protection Act Rules

N.J.A.C. 7:13 Flood Hazard Area Control Act Rules

Public Notice

Take notice that the NJ Department of Environmental Protection is proposing a rule that combines repeals, amendments, and recodifications with amendments to the Coastal Zone Management (CZM) rules, N.J.A.C. 7:7, Freshwater Wetlands Protection Act (FWPA) rules, N.J.A.C. 7:7A, and Flood Hazard Area Control Act (FHACA) rules, N.J.A.C. 7:13, all relating to mitigation. Mitigation is a tool used to replace environmental resources when the determination is made that a proposed activity meets the standards and conditions to be granted a permit that will result in the loss of coastal or freshwater wetlands, intertidal/subtidal shallows, or riparian zone.  The proposal encompasses the three land use rules as follows:

  1. Within the CZM rules, this proposal would allow applicants who need to mitigate for intertidal/subtidal shallows (ISS) impacts to use a mitigation bank.
  2. The proposal adds the ability to preserve wetlands as a form of mitigation to both the CZM and FWPA rules.
  3. The FWPA rules are being amended to change the mitigation hierarchy for a “larger” disturbance and make it the same as the hierarchy for a “smaller” disturbance.
  4. The proposal would repeal the option to make a “single family contribution” to the Wetlands Mitigation Council for impacts resulting from general permits.
  5. In the Flood Hazard Area rules, the proposal would allow applicants to use the full range of mitigation options, including a mitigation bank, if mitigation along the same water or upstream is not feasible for major developments proposed along C-1 waterways.

The proposal is scheduled to be published in the New Jersey Register dated March 17, 2025.  A copy of the proposal is available from: the Department’s website (https://njdepwptest.net/wp-content/uploads/rules/proposals/proposal-20250317a.pdf) and via LexisNexis’s free public access to the New Jersey Register (www.lexisnexis.com/hottopics/njoal/).

A virtual public hearing(s) concerning the proposal is scheduled for April 16, 2025, at 10:00 A.M., with the attendance link available at: https://njdepwptest.net/wlm/proposals/

Written comments may be submitted electronically by May 16, 2025, at https://njdepwptest.net/rules/rule-comment-form/; or

In hard copy to:

Chris Segal Esq.
ATTN: DEP Docket No. 01-25-02
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402