The New Jersey Freshwater Wetlands Protection Act (FWPA)
of 1987 (N.J.S.A. 13:9b-1 et seq.) regulates and restricts development
activities in and around freshwater wetlands (i.e. those areas
inundated or saturated by surface or groundwater sufficient to
support a prevalence of vegetation typically adapted for life in
saturated soil conditions).
The degree of protection afforded to a freshwater wetland is
dependent upon its classification as having exceptional,
intermediate, or ordinary resource value. Under current regulatory
programs, parties seeking permits for activities that affect wetlands
must first avoid and then minimize those effects. Any remaining
damage must be compensated. Historically, the regulatory
preference for compensation has been on-site creation, restoration,
or enhancement of a wetland. These mitigation efforts have resulted
in several smaller, "postage stamp" wetlands that have had limited
success in reaching full function potential.
The sequencing of avoidance, minimization, and compensation still
applies prior to using credits from any mitigation bank. However, in
contrast to traditional mitigation activities, mitigation banking
requires that compensation--restoration, creation, enhancement,
and/or preservation--occurs before a site is affected by a project.
Bank projects are put in place prior to allowing unavoidable impacts
by a project. Credits are generated by this up-front activity. Those
credits can then be used by the bank sponsor or sold to another
party to offset impacts to wetlands that occur in other locations.
Again, only impacts that cannot be avoided or minimized are
available for compensation through credits from a mitigation bank.
of 1987 (N.J.S.A. 13:9b-1 et seq.) regulates and restricts development
activities in and around freshwater wetlands (i.e. those areas
inundated or saturated by surface or groundwater sufficient to
support a prevalence of vegetation typically adapted for life in
saturated soil conditions).
The degree of protection afforded to a freshwater wetland is
dependent upon its classification as having exceptional,
intermediate, or ordinary resource value. Under current regulatory
programs, parties seeking permits for activities that affect wetlands
must first avoid and then minimize those effects. Any remaining
damage must be compensated. Historically, the regulatory
preference for compensation has been on-site creation, restoration,
or enhancement of a wetland. These mitigation efforts have resulted
in several smaller, "postage stamp" wetlands that have had limited
success in reaching full function potential.
The sequencing of avoidance, minimization, and compensation still
applies prior to using credits from any mitigation bank. However, in
contrast to traditional mitigation activities, mitigation banking
requires that compensation--restoration, creation, enhancement,
and/or preservation--occurs before a site is affected by a project.
Bank projects are put in place prior to allowing unavoidable impacts
by a project. Credits are generated by this up-front activity. Those
credits can then be used by the bank sponsor or sold to another
party to offset impacts to wetlands that occur in other locations.
Again, only impacts that cannot be avoided or minimized are
available for compensation through credits from a mitigation bank.
Wetland Regulation in New Jersey
Oxford Wetland Mitigation Bank
 |
 |
 |
 |
 |
 |
 |
| Navesink Greenscapes Oxford, LLC www.navesinkgreenscapes.com |