SUBCHAPTER 4. DETERMINING THE RIPARIAN ZON

 7:13-4.1 The riparian zone

7:13-4.1 The riparian zone

(a)   A riparian zone exists along every regulated water, except there is no riparian zone along the Atlantic Ocean nor along any manmade lagoon, stormwater management basin, or oceanfront barrier island, spit or peninsula.

(b)   The riparian zone includes the land and vegetation within each regulated water described in (a) above, as well as the land and vegetation within a certain distance of each regulated water as described in (c) below. The portion of the riparian zone that lies outside of a regulated water is measured landward from the top of bank. If a discernible bank is not present along a regulated water, the portion of the riparian zone outside the regulated water is measured landward as follows:

1.    Along a linear fluvial or tidal water, such as a stream, the riparian zone is measured landward of the feature's centerline;

2.    Along a non-linear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;

3.    Along a non-linear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water; and

4.    Along an amorphously-shaped 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.

(c)   The width of the riparian zone along each regulated water described in (a) above is as follows:

1.    The riparian zone is 300 feet wide along both sides of any Category One water, and all upstream tributaries situated within the same HUC-14 watershed;

2.    The riparian zone is 150 feet wide along both sides of the following waters not identified in (c)1 above:

i.     Any trout production water and all upstream waters (including tributaries);

ii.    Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water;

iii.   Any segment of a 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 waters (including tributaries) within one linear mile as measured along the length of the regulated water; and

iv.   Any segment of a water flowing through an area that contains acid producing soils; and

3.    The riparian zone is 50 feet wide along both sides of all waters not identified in (c)1 or 2 above.

(d)   The riparian zones established by this chapter are separate from and in addition to any other similar zones or buffers established to protect surface waters. For example, the Stormwater Management rules at N.J.A.C. 7:8 and the Highlands Water Protection and Planning Act rules at N.J.A.C. 7:38 establish 300-foot Special Water Resource Protection Areas and buffers, respectively, along certain waters. Furthermore, the Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A establish 50-foot and 150-foot transition areas along freshwater wetlands and other features that are also regulated under this chapter. Compliance with the riparian zone requirements of this chapter does not constitute compliance with the requirements imposed under any other Federal, State or local statute, regulation or ordinance.