New Jersey § 13:9b-13

§ 13:9b-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; 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.