THE RIPARIAN ZONE. Patrick Ryan Division of Land Use Regulation New Jersey Department of Environmental Protection
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1 THE RIPARIAN ZONE Patrick Ryan Division of Land Use Regulation New Jersey Department of Environmental Protection
2 FHA Jurisdiction N.J.A.C. 7: There are two distinct and overlapping areas of jurisdiction: The flood hazard area The riparian zone
3 Purpose and Scope To minimize damage to life and property from flooding caused by development within the FHA, to preserve the quality of surface waters, and to protect the wildlife and VEGETATION that exist and depend upon such areas for sustenance and habitat.
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5 Riparian Zone All waters in New Jersey are regulated except for the following: Any manmade canal, i.e., Delaware Canal & Raritan Canal Any coastal wetland regulated under the Wetlands Act of 1970 Any segment of water that drains less than 50 acres, which has no discernible channel, and/or is within a lawfully existing manmade conveyance structure, and/or is not connected to a regulated water by a channel or pipe SEE N.J.A.C. 7:13-4.1
6 Riparian Zone A RIPARIAN ZONE EXISTS ALONG ALL REGULATED WATERS EXCEPT: The Atlantic Ocean Manmade lagoons Stormwater management basins Any oceanfront barrier island, spit or peninsula Any lawfully-piped section of an otherwise regulated water (As noted previously, this is not listed in the rules) SEE N.J.A.C. 7:13-4.1
7 RiparianZone Measures 50, 150, or 300 ft along both sides of a regulated water
8 Riparian Zone To determine the limits of the riparian zone, you need to know where to measure it from It is generally measured outward from the top of bank along a regulated water
9 RiparianZone If a bank is present
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12 If a discernible bank is NOT present: Along a linear fluvial or tidal water, such as a small stream, the riparian zone is measured landward of the feature's centerline
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14 If a discernible bank is NOT present: Along a non-linear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit
15 If a discernible bank is NOT present: Along a non-linear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water
16 If a discernible bank is NOT present: Along an amorphous feature, such as a wetland complex, through which a regulated water flows but which lacks a discernible channel, the riparian zone is measured landward of the feature's centerline
17 Drainage Area and Riparian Zone
18 Drainage Area and Riparian Zone
19 Drainage Area and Riparian Zone
20 There is no riparian zone along a lawfully piped or culverted section of stream:
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22 Does the riparian zone arc around the end of a regulated water? Yes:If the feature ends because of natural causes No:If the feature enters a pipe
23 The riparian zone will also end at road crossings as follows:
24 If a stormwater basin was constructed along a stream, the riparian zone is projected from the original top of bank:
25 If a stormwater basin was constructed along a stream, the riparian zone is projected from the original top of bank:
26 300-ft Riparian Zone 300 ft along:category One waters and upstream tributaries within the same HUC-14 watershed Category One waters are listed in the Department s Surface Water Quality Standards at N.J.A.C. 7:9B ble on GeoWeb(NJDEP s Interactive mapping tool) SEE N.J.A.C. 7:13-4.1
27 300-ft Riparian Zone Important: The 300-ft riparian zone is not exactly the same as the Special Water Resource Protection Area SEE N.J.A.C. 7:13-4.1
28 300-ft Riparian Zone vs SWRPA Difference #1:The SWRPAapplies only to waters that are shown on a USGS quad or County Soil Survey The riparian zoneapplies to regulated waters regardless of any mapping SEE N.J.A.C. 7: & N.J.A.C. 7:8-5.5(h)
29 300-ft Riparian Zone vs SWRPA Difference #2:The SWRPAapplies only to projects that are major developments (under N.J.A.C. 7:8) The riparian zoneapplies to regulated waters regardless of the size of the project SEE N.J.A.C. 7: & N.J.A.C. 7:8-5.5(h)
30 300-ft Riparian Zone vs SWRPA Difference #3: Location Based vs Activity Based The inner half of the SWRPAmay not be developed; the outer half may be developed if previously disturbed The riparian zonedoes not have an inner or outer half; it may be disturbed for certain activities, if justified SEE N.J.A.C. 7: & N.J.A.C. 7:8-5.5(h)
31 WHAT IS A HUC-14 WATERSHED? Watershed area defined by USGS 14-digit Hydrologic Unit Code NJ s watersheds boundaries are mapped and numbered Available on GeoWeb (NJDEP s Interactive mapping tool) (Subwatersheds HUC14) Statewide map at: htm
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33 150-ft Riparian Zone 1. Trout production waters and all tributaries 2. Trout maintenance waters and all tributaries within one mile 3. Waters that flow through an area that contains documented T&E habitat (if plant/animal is critically dependent on the regulated water for survival) and all tributaries within one mile 4. Waters that flow through an area that contains acid producing soils SEE N.J.A.C. 7:13-4.1
34 TROUT PRODUCTION ft RIPARIAN ZONE
35 TROUT MAINTENANCE ft RIPARIAN ZONE
36 Threatened or Endangered Species The 150-foot riparian zone also applies to any segment of a regulated water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the regulated water for survival, and all upstream tributaries within one mile.
37 Landscape Maps Threatened or Endangered Species Available from the Department s Division of Fish and Wildlife, Endangered and Nongame Species Program at: Or can be viewed through GeoWeb at
38 Threatened or Endangered Species For further information on the occurrence and mapping of threatened or endangered plant species habitat contact: Natural Heritage Data Request Form The New Jersey Natural Heritage Program DEP - Office of Natural Lands Management Mail Code P.O. Box 420 Trenton, NJ NOTE - NHP Letter required for a FHA submission
39 T&E SPECIES ft RIPARIAN ZONE
40 ACID SOILS ft RIPARIAN ZONE
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42 50-ft Riparian Zone Along all other waters Most common riparian zone width, especially in urbanized areas (except where acid producing soils exist) SEE N.J.A.C. 7:13-4.1
43 Riparian Zone Disturbance What if you want to conduct regulated activities in the riparian zone?
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45 Riparian Zone Disturbance N.J.A.C. 7: Permits-By-Rule For specific activities, where in general no vegetation will be disturbed Some require notification An Applicability Determination may be applied for to obtain a written determination that an activity meets a permit-by-rule.
46 Permits-By-Rule N.J.A.C. 7:13-7.2(a)2 Any construction activity Constructing in a disturbed riparian zone or at or below grade in a FHA provided. If in a FHA all work is at or below grade (ie. bike path, driveway, lawn, trail, garden, sidewalk) No disturbance within 25 feet top of bank Not a Major Development No vegetation is cleared, cut, or removed in a RZ, except where previously developed or disturbed (ie. maintained lawn, garden, or abandoned parking area) All vegetated area temporarily disturbed with the RZ are replanted with indigenous, non-native species
47 Riparian Zone Disturbance N.J.A.C. 7: The rules are designed to preserve all existing riparian zone vegetation All vegetation counts (trees, grass, shrubs, weeds, etc.)
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49 Riparian Zone Disturbance N.J.A.C. 7: Rules do not prohibit construction, but: All proposed disturbance must be avoided, justified, and fully minimized and Each activity has limits on disturbance
50 Riparian Zone Disturbance N.J.A.C. 7: Disturbance within 25 feet of the top of bank is generally prohibited, except for unavoidable situations. For example: Road crossings are often justified Bank stabilization may be necessary Parking lots are unlikely justified
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52 Riparian Zone Disturbance N.J.A.C. 7: (d) All work must meet 3 basic criteria: 1. The basic purpose of the project cannot be accomplished onsite without disturbing vegetation in the riparian zone.
53 Riparian Zone Disturbance N.J.A.C. 7: (d) 2. Disturbance to the riparian zone is eliminated where possible; where not possible to eliminate, disturbance is minimized through methods including relocating the project, reducing the size or scope of the project and/or situating the project in portions of the riparian zone where previous development or disturbance has occurred;
54 Riparian Zone Disturbance N.J.A.C. 7: (d) 3. All temporarily cleared, cut or removed vegetation within a riparian zone is replanted with indigenous, non-invasive vegetation upon completion of the project.
55 Example
56 Example
57 Example
58 Example
59 Example
60 Example
61 Example:not minimized
62 Example
63 Example
64 Example:minimized
65 Riparian Zone Disturbance In addition to the basic requirements at N.J.A.C. 7: (d): Maximum riparian zone disturbance set at Table C Additional criteria must be met for each specific activity under 10.2(e) through (r)
66 Table C N.J.A.C. 7: (d) Shows maximum disturbance for various activities If activity is not listed, you need a hardship exception
67 Table C Includes disturbance for: Roadways (e) - (h) Bank Stabilization (i) Stormwater discharges (j) Utility lines (k) - (l) A private residence or appurtenant structure (m) - (n) Flood control projects (o) Tidal developments (p) - (q) Other minor activities (r)
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71 Example: Private roadway (driveway) N.J.A.C. 7: (g)
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73 Example: Private roadway (driveway) N.J.A.C. 7: (g)
74 Example: Private roadway (driveway) N.J.A.C. 7: (g)
75 Example: Private roadway (driveway) N.J.A.C. 7: (g)
76 Example: Private roadway (driveway) N.J.A.C. 7: (g)
77 Example: Private roadway (driveway) N.J.A.C. 7: (g)
78 Example (continued): N.J.A.C. 7: (g) (g) The Department shall issue an individual permit for the construction of a new private roadway, which results in clearing, cutting and/or removing vegetation in a riparian zone, only if the following requirements are satisfied:
79 Example (continued): N.J.A.C. 7: (g) 1. The total area of vegetation cleared, cut and/or removed within the riparian zone does not exceed the limits set forth in Table C above; 2. The width of the roadway is minimized;
80 Example (continued): N.J.A.C. 7: (g) 3. Any crossing of a regulated water is designed and constructed as nearly perpendicular to the channel as possible; 4. The roadway accesses a lot that did not receive preliminary or final subdivision approval after October 6, 2006;
81 Example (continued): N.J.A.C. 7: (g) 5. If the roadway does not cross a regulated water, but impacts a 150-foot or 300-foot riparian zone, the applicant demonstrates that there is no other means of constructing a roadway to access the developable area onsitre, which would reduce or eliminate the impact to the riparian zone
82 Areas Devoid of Vegetation N.J.A.C. 7: All disturbed vegetation counts (trees, grass, shrubs, weeds, etc.) under Table C But, if you disturb an area within the riparian zone, which has no vegetation due to previous lawful development, do not count it under Table C For example, work within paved roads and parking areas does not count toward Table C
83 Example: New road on existing pavement in the riparian zone does not count toward Table C
84 But: In this example, there may be another entrance to the site that would not disturb the riparian zone
85 Riparian Zone Disturbance Table C disturbances cannot be swapped!
86 Riparian Zone Disturbance If the driveway only disturbs 1000 SF, you cannot credit the unused 500 SF towards the house. The house would still be allowed a maximum of 2500 SF, if justified.
87 Remember: Just because an activity meets the limits of Table C, it does not automatically mean that you ll get a permit for it: you must prove that the disturbance is minimized, justified, and unavoidable (N.J.A.C. 7: (d))
88 Temporary Disturbance N.J.A.C. 7: Temporary disturbance to lawn and garden areas does notcount toward thresholds in Table C, provided all vegetation is restored. For example: Reconstructing a septic system in a lawn Relocating structures (trails, sheds, footbridges) in a park or golf course Placing new pavement in grass, then ripping up an equal area of pavement and replanting the area with grass
89 Exceeding Table C N.J.A.C. 7: (d) A hardship exceptionis needed if you want to exceed the riparian zone limits of Table C, exceptfor the following projects (in certain cases): Improvements to an existing public roadway or railroad 10.2(f) Bank stabilization and channel restoration projects 10.2(i) Flood control projects 10.2(o)
90 2:1 Compensation N.J.A.C. 7: (t) Is also required for any project under 10.2(r): N.J.A.C. 7: (r) allows riparian zone disturbance for anyregulated activity not listed in Table C BUT: 2:1 compensation is required for all proposed riparian zone disturbance And, you cannot exceed the limits for 10.2(r) without a hardship exception
91 2:1 Compensation N.J.A.C. 7: (t) Can be accomplished in two ways: Removinglawfully existing structures and/or impervious surfaces in the riparian zone, and replanting the area with vegetation, or Plantingnew trees in the riparian zone in an area that is substantially devoid of trees at the time of application because the trees were removed due to previous, lawful development
92 Redevelopment N.J.A.C. 7: (v) Redevelopment of lawfully non-vegetated areas is not hindered, except that it should be pulled back at least 25 feet from bank where possible
93 Fisheries Resources N.J.A.C. 7: Requirements in or along a water with a fishery resource. Includes tributaries that drain to a fisheries resource and includes both work in the channel and the Riparian Zone. Timing restrictions are met Unset or raw concrete does not contact the water No logs or boulders providing habitat are removed Low-flow conditions are maintained.
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95 Threatened and Endangered Species N.J.A.C. 7: GeoWeb rank 3, 4, or 5 and Natural Heritage Priority Database provided in the NHP letter NJDEP will only issue an FHA-IP if the activity will not adversely affect T & E or documented habitat. A T & E survey for plants or habitat assessment for animals may be required per NJAC 7: (c) Timing restrictions depending on species
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102 Questions? Patrick Ryan Division of Land Use Regulation Mail Code A PO Box East State St. Trenton, NJ (609)
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