N.J. Admin. Code § 7:7A-7.23

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:7A-7.23 - General permit 23-Spring developments

(a) General permit 23 authorizes activities in farmed wetlands or in State open waters necessary for the construction of a spring development or other structure that diverts or collects water for the purpose of watering livestock. Activities authorized under general permit 23 include the installation of a collecting trench, a cutoff wall, crushed rock, perforated tubing, and/or a spring box. General permit 23 does not authorize diversion or use of water for irrigation, or for any purpose other than watering livestock. The activities authorized under general permit 23 constitute soil and water conservation practices that are exempt in transition areas under N.J.A.C. 7:7A-2.4(c)1.

(b) Activities under general permit 23 shall disturb no more than one quarter acre of freshwater wetlands and/or State open waters. Activities under general permit 23 shall not drain, or remove from jurisdiction, any additional or adjacent wetlands other than the one-quarter acre directly impacted by the general permit activities.

(c) An activity is authorized under general permit 23 only if all applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. The activity is necessary to implement a farm management plan developed by the Natural Resources Conservation Service and approved by the appropriate Soil Conservation District;

2. The activity will be conducted at an established, ongoing farming, ranching, or silviculture operation;

3. The activity is located in a farmed wetland that is eligible for a farmland assessment under the New Jersey Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq.; and

4. Any portion of a spring development from which livestock will drink, such as a watering trough or tub, is located outside of wetlands and State open waters.

N.J. Admin. Code § 7:7A-7.23

Amended and recodified from 7:7A-5.24 by 49 N.J.R. 3849(a), effective 12/18/2017

Administrative Change, 50 N.J.R. 1147(a).