Pedestrian Trails Within Regulated Areas

Transcription

1 New Jersey Department of Environmental Protection Pedestrian Trails Within Regulated Areas Joslin Tamagno, Environmental Specialist Division of Land Use Regulation, Bureau of Inland Regulation March 6, 2015

2 Purpose To provide permitting information regarding the construction of pedestrian trails within regulated areas. To provide a brief overview of our rules and regulations pertaining to pedestrian trails.

3 Rules and Regulations Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A. Flood Hazard Area Control Act Rules, N.J.A.C. 7:13 (last amended February 2, 2015). Coastal Permit Program Rules, N.J.A.C. 7:7 and Coastal Zone Management Rules, N.J.A.C. 7:7E (last amended February 2, 2015).

4 Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A Adopted on July 1, 1988 (last amended February 2, 2015). Regulate certain activities within freshwater wetlands, transition areas and State open waters. List of regulated activities in freshwater wetlands and State open waters is located at N.J.A.C. 7:7A-2.1. List of regulated activities in transition areas is located at N.J.A.C. 7:7A-2.6.

5 FWW General Permit No. 1 (Maintenance and Repair of Existing Features) N.J.A.C. 7:7A-5.1 Authorizes activities in FWW and SOW required to carry out the repair, rehabilitation, replacement, maintenance or reconstruction of a previously authorized, currently serviceable structure, fill, roadway, utility line, active irrigation or drainage ditch, or stormwater management facility lawfully existing prior to July 1, 1988, or permitted under the FWPAR Temporary disturbance to FWW and SOW only Constructed within same footprint

6 FWW General Permit No. 17 (Trails and Boardwalks) N.J.A.C. 7:7A-5.17 Authorizes activities in FWW, TA, and/or SOW necessary for construction of a trail and/or boardwalk for use by pedestrians, bicycles, and other non-motorized methods of transport. Does not authorize construction of a restroom, gazebo, rain shelter, or any covered or enclosed structure, or a roadway used by automobiles, golf carts, motorcycles, or other motor vehicles.

7 Authorized disturbances to FWW, TA and/or SOW should not exceed ¼ acres, except that this limit shall not apply to a site that is publicly owned. No wider than 6-ft., unless it has to conform with the Barrier Free Subcode (ADA accessible).

8 FWW General Permit No. 17A (Non-Motorized, Multiple-Use Paths) N.J.A.C. 7:7A-5.17A Authorizes activities in FWW, TA, and/or SOW necessary for construction of a non-motorized, multiple use path for use by bicycles, skate boards, rollerblades and other nonmotorized methods of transport. Path shall be designed in accordance with the American Association of State Highway and Transportation Officials guide for the development of bicycle facilities, published 1999, as amended and supplemented.

9 Flood Hazard Area Control Act Rules, N.J.A.C. 7:13 Regulates activities within a flood hazard area and riparian zone of a regulated water. Regulated waters are identified at 7:

10 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

11 Riparian Zone Measures 50, 150, or 300 ft along both sides of a regulated water, generally from the TOB.

12 Riparian Zone Top of Bank

13 Determining the width of Riparian Zone 300 ft along: Category One waters and upstream tributaries within the same HUC-14 watershed 150 ft. along: Trout production, Trout maintenance (within 1 mile), T&E habitat (within 1 mile) and acid producing soils 50 ft. along: All other waters

14 Riparian Zone Disturbance What if you want to conduct regulated activities in the riparian zone?

15 Riparian Zone Disturbance FHA Permit-By-Rule, N.J.A.C. 7: and 7.2 FHA General Permit no. 9, footbridge across a water with a drainage of less than 50 acres, N.J.A.C. 7: FHA Individual Permit, N.J.A.C. 7:

16 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 areas temporarily disturbed with the RZ are replanted with indigenous, native species Requires a 14-day written notice to the Department

17 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, lawn, etc.)

18 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

19 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)

20 Table C N.J.A.C. 7: (d) Shows maximum disturbance for various activities Trails will be reviewed under (r), all other regulated activities If the activity exceeds the maximum allowable disturbance, you need a hardship exception Trails along tidal waterways will be reviewed under (p),

21 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

22 All Other Regulated Activities, N.J.A.C. 7: (r) and (t) The applicant provides 2:1 compensation for all cleared, cut and removed vegetation in the riparian zone and the area selected for 2:1 compensation is deed restricted against future development that would remove the vegetation being planted. All replanting of vegetation shall be accomplished as described below and in one or both of the following ways: 1. The applicant shall remove lawfully existing structures and/or impervious surfaces in the riparian zone, and replant the area with vegetation; and/or 2. The applicant shall plant new 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.

23 Temporary Disturbance N.J.A.C. 7: Temporary disturbance to lawn and garden areas does not count 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

24 Exceeding Table C N.J.A.C. 7: (d) A hardship exception is needed if the proposed project exceeds the riparian zone vegetation disturbance limits of Table C

25 2:1 Compensation N.J.A.C. 7: (t) The FHA rules require compensation to be along the same regulated water as the disturbance, and as close as possible to the disturbance However, this is not always possible, so NJDEP is currently developing a hierarchy that would allow compensation to be done further away and along other streams in certain cases

26 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

27 May 1 through July 31 North of US 195

28 In Conclusion The Freshwater Protection Act Rules, N.J.A.C. 7:7A would apply if the trail is located within FWW, TA and/or SOW. The Flood Hazard Area Control Act Rules, N.J.A.C. 7:13 would apply if the trail is located within a riparian zone or a flood hazard area. The Coastal Zone Program Rules, N.J.A.C. 7:7 would apply if the trail is located along tidal waterways.

29 Questions?