WETLAND BUFFER CONSERVATION RESTRICTIONS REQUIRED BY NJ DEPARTMENT OF ENVIRONMENTAL PROTECTION

(Source: NJ Freshwater Wetlands Regulations)

 

NJAC 7:7A-1.4 Definitions

 

"Conservation restriction" means a restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to retaining land or water areas predominantly in their natural, scenic or open or wooded conditions, or for conservation of soil or wildlife, or for outdoor recreation or park use,

or as suitable habitat for fish or wildlife, to forbid or limit any or all:

   1. Construction or placing of buildings, roads, signs, billboards or other advertising, or other structures on or above the ground;

   2. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials;

   3. Removal or destruction of trees, shrubs or other vegetation;

   4. Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance;

   5. Surface use except for purposes permitting the land or water area to remain predominantly in its natural condition;

   6. Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation;

   7. Other acts or uses detrimental to the retention of land or water areas according to the purposes of this chapter.

 

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NJ DEP requires establishment of a conservation restriction when the Department permits a transition area waiver that changes the shape or size of a transition area or that allows regulated activities in the transition area.  See 7:7A-6.1(d)4 below.

 

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NJAC 7:7A-6.1 General Transition Area Waiver Provisions

 

(c) Placement of a building or structure immediately adjacent to a transition area inevitably results in regulated activities occurring in the transition area during construction and use of the building, resulting in a substantial adverse impact on the freshwater wetland.  Therefore, the Department shall not issue a transition area matrix type width reduction transition area waiver or averaging plan transition area waiver that will result in the following, unless the requirements of (d) below are met:

    

(d) To satisfy the requirements of (c) above, the applicant shall demonstrate that:

     1. Construction activities will be conducted in such a way that there will be no regulated activities in the transition area or the wetland except any that are authorized by a permit, as defined at N.J.A.C. 7:7A-1.4;

     2. The structure is designed and will be used in such a way that there will be no regulated activities in the transition area or the wetland except any that are authorized by a permit, as defined at N.J.A.C. 7:7A-1.4. To demonstrate this in regard to a single family or duplex dwelling, the applicant shall demonstrate that any transition area or wetland within the area covered by the residential development project will not be owned or controlled by the resident(s) of the dwelling;

     3. The transition area and/or wetland is fenced prior to construction of the structure (including site preparation), and the fence is permanently maintained, so as to clearly delineate its boundary and to prevent people from entering and/or disturbing the transition area and/or wetland; and

     4. Prior to beginning activities authorized by a permit, the applicant executes and records a conservation restriction, as defined at N.J.A.C. 7:7A-1.4, which prohibits any regulated activities in the transition area.