Mitigation refers to an activity or activities carried out to compensate for impacts to freshwater wetlands, State open waters or coastal wetlands disturbance caused by regulated activities. Wetland mitigation is currently required under the Freshwater Wetland Protection Act for some general permits and when an applicant receives an individual permit. Under the Coastal Zone Management rules, mitigation is required for all coastal wetland impacts.

Mitigation for wetlands may take the following forms: creation, restoration, enhancement, mitigation bank credit purchase, monetary contribution, preservation, or a land donation.

Mitigation (also known as compensation) is also required for some impacts to riparian zones under the Flood Hazard Area Control Act rules.

Mitigation for wetlands can take the following forms: creation, restoration, enhancement, mitigation bank credit purchase, monetary contribution, preservation, or a land donation.

Flow Chart Illustrating Mitigation Alternatives for a Larger Disturbance

The sign is posted to inform anyone in the area that a particular area is an approved wetland mitigation area. No activities are permitted within the mitigation area including disturbance or removal of vegetation, dumping, all terrain vehicle use, or any other activity not explicitly permitted when the mitigation bank was established.

A mitigation bank is an area in which, wetlands, uplands, riparian zones and/or other aquatic resources are restored, created, enhanced, or preserved by a mitigation bank operator, in advance of any specific need for compensatory mitigation. For additional info, see mitigation bank.

An applicant, working with the Department, must determine whether a proposed mitigation bank is in an area of the State under DEP jurisdiction only or within an area where the Department continues to share jurisdiction with the Army Corps of Engineers. If a proposed bank is in an area of shared jurisdiction, an applicant must follow both the Federal mitigation banking rules at 33 CR parts 325 and 332 and 40 CFR Part 230and the State rules at N.J.A.C. 7:7A-15.23.

For banks with no Federal jurisdiction, to obtain conceptual approval for a mitigation bank, the applicant should submit the following to the Department:

1. Information on the location, size, and environmental characteristics of the proposed mitigation bank site;
2. Information on previous uses of the site, including possible contamination and/or historic or archaeological resources;
3. The proposed mitigation alternative(s), for example, creation, restoration, and/or enhancement;
4. Whether the credits generated by the bank will be used solely by the mitigation bank operator, or will be available for use by others;
5. Maps, photographs, diagrams, delineations and/or other visual materials necessary for the Council to generally evaluate the proposed mitigation bank;

6. The names and addresses of all owner(s) of the mitigation bank site, and any proposed owner(s), as of the date the request for conceptual review is submitted; and
7. Unconditional written consent from the owner of the proposed mitigation bank site, allowing Council and Department representatives to enter the property and inspect the site. To obtain final Department approval of a proposed mitigation bank, an applicant shall submit the information required by the application checklist.

A body established under the Freshwater Wetlands Protection Act at N.J.S.A 13.9B-14 to perform the functions enumerated at N.J.S.A 13:9B-15. The Wetlands Mitigation Council Administers the Mitigation Fund.

The Wetlands Mitigation Council’s duties and functions include:

1.Reviewing the following:

• • Proposed monetary contributions,
  • Proposed land donations,
  • Mitigation bank proposals; and
  • Proposed county mitigation inventories;

2. Advising the Department on mitigation issues;

3. Buying land in order to conduct mitigation, or to preserve wetlands, transition areas, uplands, and/or State open waters;
4. Contracting with a charitable conservancy or appropriate agency to carry out its responsibilities;
5. Conducting research on mitigation;

6. Enhancing or restoring wetlands on public lands; and
7. Disbursing funds from the Wetlands Mitigation Fund to finance the activities listed at (a)3, 4, 5, and 6 above.

A repository for monetary contributions made for mitigation purposes, established at N.J.S.A 13:9B-14a and referred to as the “Wetlands Mitigation Bank”.

Submit a request to be on the agenda to the Mitigation Unit. All requests must be received no later than 60 days prior to the meeting date.
For additional information or to get on the Council Agenda, contact Faelyn Meyers at faelyn.meyers@njdepwptest.net or call (609) 633-2201.

The Department strongly recommends that an applicant obtain the Department’s conceptual review of any land being considered as a potential mitigation area, prior to submittal of a mitigation proposal involving restoration, creation, enhancement, uplands preservation, or land donation.

To obtain the Department’s conceptual review of a mitigation area, the applicant shall submit a written request, including:

1. A brief description of the area and the mitigation project being considered;
2. A map showing Department staff how to fi nd the mitigation area;
3. A USGS quad showing the mitigation area;
4. A county soil survey showing the soils in the mitigation area; and
5. Unconditional written consent from the owner of the proposed mitigation area allowing Department representatives to enter the property and inspect the mitigation area.

1. Mitigation for a disturbance authorized by a permit, other than a temporary disturbance, as defi ned at N.J.A.C. 7:7A-1.4, shall be performed prior to or concurrently with the permitted activity, and shall be continued to completion according to the schedule in the approved mitigation proposal;
2. Mitigation for a temporary disturbance authorized by a permit shall be started immediately following completion of the activity that caused the disturbance, and shall be continued to completion within six months after the end of the activity that caused the disturbance; and
3. Mitigation required as part of an enforcement action shall be performed in accordance with a schedule in the enforcement document.

Monitoring is usually required for five years. Monitoring ensures that: the mitigation site achieves the goals identified in the approved mitigation plan, the area meets the definition of a wetland, the target plant community has achieved its performance goals which are usually 85% coverage and 85% survival rate, and that it becomes a self-sustaining wetland in perpetuity, and that there is no more than 10% invasive species on the site.

The Department shall approve a proposal for restoration, creation, or enhancement only if the mitigator or mitigation bank operator provides a letter of credit or other financial assurance that meets the requirements of this section, except that this section does not apply to a mitigation proposal submitted by a government agency, as defined at N.J.A.C. 7:7A-1.4; or an entity that is exempt from this requirement under Federal law.

A letter of credit or other financial assurance under this section shall be obtained from a firm licensed to provide such services in New Jersey. The letter of credit or other financial assurance shall be in an amount sufficient for the Department to hire an independent contractor to complete and maintain the mitigation project or mitigation bank should the mitigator default. At a minimum, the financial assurance shall be in the following amounts:

1. A construction assurance, equal to one hundred and fifteen percent of the estimated cost of completing the creation, restoration, or enhancement; and
2. A maintenance assurance to assure the success of the mitigation through the completion of the monitoring period, equal to thirty percent of the estimated cost of completing the creation, restoration, or enhancement.