N.J. Admin. Code § 7:50-6.13

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:50-6.13 - Linear improvements

(a) Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities shall be permitted in wetlands provided that:

1. There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

2. The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

3. The use represents a need which overrides the importance of protecting the wetland;

4. Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

5. The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

N.J. Admin. Code § 7:50-6.13

Amended by R.1992 d.91, effective 3/2/1992.
See: 23 New Jersey Register 2458(b), 24 New Jersey Register 832(b).
Term "linear" added throughout.