New Jersey § 13:9b-7

§ 13:9b-7.

The department shall develop a system for the classification of freshwater wetlands

based upon criteria which distinguish among wetlands of exceptional resource value,

intermediate resource value, and ordinary resource value. a. Freshwater wetlands of exceptional resource value shall be freshwater wetlands

which exhibit any of the following characteristics: (1) Those which discharge into FW-1 waters and FW-2 trout production (TP) waters and

their tributaries; or (2) Those which are present habitats for threatened or endangered species, or those

which are documented habitats for threatened or endangered species which remain suitable

for breeding, resting, or feeding by these species during the normal period these

species would use the habitat. A habitat shall be considered a documented habitat if the department makes a finding

that the habitat remains suitable for use by the specific documented threatened and

endangered species, based upon information available to it, including but not limited

to, information submitted by an applicant for a freshwater wetlands permit. An applicant shall have the opportunity to request the department that a documented

habitat not result in the classification of a freshwater wetland as a freshwater wetland

of exceptional value if the applicant can demonstrate the loss of one or more requirements

of the specific documented threatened or endangered species, including, but not limited

to wetlands or overall habitat size, water quality, or vegetation density or diversity. b. Freshwater wetlands of ordinary value shall be freshwater wetlands which do not

exhibit the characteristics enumerated in subsection a. of this section, and which

are certain isolated wetlands, man-made drainage ditches, swales, or detention facilities. c. Freshwater wetlands of intermediate resource value shall be all freshwater wetlands

not included in subsection a. or b. of this section. d. As used in this section “ threatened or endangered species ” shall be those species identified pursuant to “The Endangered and Nongame Species

Conservation Act,” P.L.1973, c. 309 ( C. 23:2A-1 et seq. ) or which appear on the federal endangered species list, and “FW-1, FW-2, trout production

(TP) waters” shall mean those waters delineated as such by the department under regulations

adopted pursuant to the “Water Pollution Control Act,” P.L.1977, c. 74 ( C. 58:10A-1 et seq. ) and the “Water Quality Planning Act,” P.L.1977, c. 75 ( C. 58:11A-1 et seq. ). e. The classification system established in this section shall not restrict the department's

authority to require the creation or restoration of freshwater wetlands pursuant to

the provisions of section 13 of this act. 1 1

N.J.S.A. § 13:9B-13.