New Jersey § 13:9b-3

§ 13:9b-3.

As used in this act: “ Bank ” means the Wetlands Mitigation Bank established pursuant to section 14 of this act; 1 “ Commissioner ” means the Commissioner of the Department of Environmental Protection; “ Council ” means the Wetlands Mitigation Council established pursuant to section 14 of this

act; “ Department ” means the Department of Environmental Protection; “ Environmental commission ” means a municipal advisory body created pursuant to P.L.1968, c. 245 ( C. 40:56A-1 et seq. ); “ Federal Act ” means section 404 of the “Federal Water Pollution Control Act Amendments of 1972”

as amended by the “Clean Water Act of 1977” ( 33 U.S.C. § 1344 ) and the regulations adopted pursuant thereto; “ Freshwater wetland ” means an area that is inundated or saturated by surface water or groundwater at

a frequency and duration sufficient to support, and that under normal circumstances

does support, a prevalence of vegetation typically adapted for life in saturated soil

conditions, commonly known as hydrophytic vegetation; provided, however, that the

department, in designating a wetland, shall use the 3-parameter approach (i.e. hydrology,

soils and vegetation) enumerated in the April 1, 1987 interim-final draft “Wetland

Identification and Delineation Manual” developed by the United States Environmental

Protection Agency, and any subsequent amendments thereto; “ Freshwater wetlands permit ” means a permit to engage in a regulated activity issued pursuant to this act; “ Hydrophyte ” means plant life adapted to growth and reproduction under periodically saturated

root zone conditions during at least a portion of the growing season; “ Linear development ” means land uses such as roads, drives, railroads, sewerage and stormwater management

pipes, gas and water pipelines, electric, telephone and other transmission lines and

the rights-of-way therefor, the basic function of which is to connect two points. Linear development shall not mean residential, commercial, office, or industrial

buildings; “ Person ” means an individual, corporation, partnership, association, the State, municipality,

commission or political subdivision of the State or any interstate body; “ Regulated activity ” means any of the following activities in a freshwater wetland: (1) The removal, excavation, disturbance or dredging of soil, sand, gravel, or aggregate

material of any kind; (2) The drainage or disturbance of the water level or water table; (3) The dumping, discharging or filling with any materials; (4) The driving of pilings; (5) The placing of obstructions; (6) The destruction of plant life which would alter the character of a freshwater

wetland, including the cutting of trees; “ Transition area ” means an area of land adjacent to a freshwater wetland which minimizes adverse impacts

on the wetland or serves as an integral component of the wetlands ecosystem. 1

N.J.S.A. § 13:9B-14.