A1131

An Act concerning freshwater wetlands mitigation and amending P.L.1987, c.156.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 13 of P.L.1987, c.156 (C.13:9B-13) is amended to read as follows:

13. a. The department shall require as a condition of a freshwater wetlands permit that all appropriate measures have been carried out to mitigate adverse environmental impacts, restore vegetation, habitats, and land and water features, prevent sedimentation and erosion, minimize the area of freshwater wetland disturbance and insure compliance with the Federal Act and implementing regulations.

b. The department may require the creation, enhancement, or restoration of an area of freshwater wetlands of equal ecological value to those which will be lost, and shall determine whether the creation, enhancement, or restoration of freshwater wetlands is conducted onsite or offsite. The department shall accept and evaluate a proposal to create, enhance, or restore an area of freshwater wetlands only after the department has evaluated the permit application for which the proposal is made, and shall evaluate the proposal to create, enhance, or restore an area of freshwater wetlands independently of the permit application. The department's evaluation of a proposal to create, enhance, or restore an area of freshwater wetlands shall be conducted in consultation with the United States Environmental Protection Agency.

c. If the department determines that the creation, enhancement, or restoration of freshwater wetlands onsite is not feasible, the department, in consultation with the United States Environmental Protection Agency, may consider the option of permitting: the creation of freshwater wetlands or the enhancement or restoration of degraded freshwater wetlands offsite on private property with the restriction on these freshwater wetlands of any future development; the protection of transition areas or upland areas offsite, on private property, that are deemed by the department to be valuable for the protection of a freshwater wetlands ecosystem, with the restriction on these areas of any future development; the creation of freshwater wetlands or the enhancement or restoration of degraded freshwater wetlands offsite on Blue Acres land, provided that the State and the municipality in which the land is located have both granted permission for the land to be used for that purpose; or the making of a contribution to the Wetlands Mitigation Bank. The contribution shall be equivalent to the lesser of the following costs: (1) purchasing, and enhancing or restoring, existing degraded freshwater wetlands, resulting in preservation of freshwater wetlands of equal ecological value to those which are being lost; or (2) purchase of property and the cost of creation of freshwater wetlands of equal ecological value to those which are being lost. The applicant may also donate land as part of the contribution if the Wetlands Mitigation Council determines that the donated land has potential to be a valuable component of the freshwater wetlands ecosystem. The department shall permit the donation of land as a part of the contribution to the Wetlands Mitigation Bank only after determining that all alternatives to the donation are not practicable or feasible.

As used in this section, “Blue Acres land” means a parcel of real property acquired and owned by the State under a federal or State program for the acquisition of real property, for recreation and conservation purposes, that has been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage, and which parcel is managed for recreation and conservation purposes by the municipality in which the land is located under an agreement made between the State and the municipality.

(cf: P.L.1993, c.298, s.5)

2. This act shall take effect immediately.

STATEMENT

This bill would allow, as an option for required freshwater wetlands mitigation associated with a development project, the creation of freshwater wetlands or the enhancement or restoration of degraded freshwater wetlands offsite on State-owned, municipally-managed Blue Acres land, provided that the State and the municipality in which the land is located have both granted permission for the land to be used for that purpose.

The “Freshwater Wetlands Protection Act” currently provides, with respect to freshwater wetlands mitigation requirements, that if the Department of Environmental Protection (DEP) determines that the creation, enhancement, or restoration of freshwater wetlands on a development site is not feasible, the DEP, in consultation with the United States Environmental Protection Agency, may consider the option of permitting the developer to: (1) create freshwater wetlands or enhance or restore degraded freshwater wetlands offsite on private property with the restriction on these freshwater wetlands of any future development; (2) protect wetlands transition areas or upland areas offsite, on private property, that are deemed by the DEP to be valuable for the protection of a freshwater wetlands ecosystem, with the restriction on these areas of any future development; or (3) make an appropriate contribution to the Wetlands Mitigation Bank. This bill would add a fourth mitigation option, i.e., the creation of freshwater wetlands or the enhancement or restoration of degraded freshwater wetlands offsite on State-owned, municipally-managed Blue Acres land, provided that the State and the municipality in which the land is located have both granted permission for the land to be used for that purpose.

The bill defines “Blue Acres land” to mean a parcel of real property acquired and owned by the State under a federal or State program for the acquisition of real property, for recreation and conservation purposes, that has been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage, and which parcel is managed for recreation and conservation purposes by the municipality in which the land is located under an agreement made between the State and the municipality.