New Jersey § 13:9b-10

§ 13:9b-10.

a. It shall be a rebuttable presumption that there is a practicable alternative to

any nonwater-dependent regulated activity that does not involve a freshwater wetland,

and that such an alternative to any regulated activity would have less of an impact

on the aquatic ecosystem. An alternative shall be practicable if it is available and capable of being carried

out after taking into consideration cost, existing technology, and logistics in light

of overall project purposes, and may include an area not owned by the applicant which

could reasonably have been or be obtained, utilized, expanded, or managed in order

to fulfill the basic purpose of the proposed activity. b. In order to rebut the presumption established in subsection a. of this section

an applicant for a freshwater wetlands permit must demonstrate the following (1) That the basic project purpose cannot reasonably be accomplished utilizing one

or more other sites in the general region that would avoid, or result in less, adverse

impact on an aquatic ecosystem; and (2) That a reduction in the size, scope, configuration, or density of the project

as proposed and all alternative designs to that of the project as proposed that would

avoid, or result in less, adverse impact on an aquatic ecosystem will not accomplish

the basic purpose of the project; and (3) That in cases where the applicant has rejected alternatives to the project as

proposed due to constraints such as inadequate zoning, infrastructure, or parcel size,

the applicant has made reasonable attempts to remove or accommodate such constraints. c. In order to rebut the presumption established in subsection a. of this section

with respect to wetlands of exceptional resource value, an applicant, in addition

to complying with the provisions of subsection b. of this section, must also demonstrate

that there is a compelling public need for the proposed activity greater than the

need to protect the freshwater wetland that cannot be met by essentially similar projects

in the region which are under construction or expansion, or have received the necessary

governmental permits and approvals; or that denial of the permit would impose an

extraordinary hardship on the part of the applicant brought about by circumstances

peculiar to the subject property.