NJFWA Glossary: Key Terms & Definitions for Developers and Consultants

NJFWA Key Terms & Definitions

Administrative order: A formal directive issued by the New Jersey Department of Environmental Protection (NJDEP) requiring a regulated entity to take specific actions to correct violations and achieve compliance with the New Jersey Freshwater Wetlands Protection Act.

Buffer: A protective area around a freshwater wetland that minimizes impacts from adjacent land uses, as required by the New Jersey Freshwater Wetlands Protection Act.

Civil penalty: A monetary fine imposed by the NJDEP for violations of the New Jersey Freshwater Wetlands Protection Act.

Criminal penalty: A sanction, such as imprisonment or a fine, imposed for knowing and willful violations of the New Jersey Freshwater Wetlands Protection Act.

Discharge of pollutants: The introduction of pollutants, such as chemicals, sediment, or untreated wastewater, into freshwater wetlands, which can degrade water quality and harm wetland flora and fauna. Prohibited under the New Jersey Freshwater Wetlands Protection Act without a permit.

Disturbance of vegetation: The removal or damage of wetland vegetation, which can lead to erosion, loss of habitat, and reduced wetland functionality. Prohibited under the New Jersey Freshwater Wetlands Protection Act without a permit.

Draining: The act of removing water from a freshwater wetland, which can significantly alter its hydrology and negatively impact the ecosystem. Prohibited under the New Jersey Freshwater Wetlands Protection Act without a permit.

Dumping: The act of disposing of material in a freshwater wetland, which can smother vegetation, alter soil composition, and disrupt wetland hydrology. Prohibited under the New Jersey Freshwater Wetlands Protection Act without a permit.

Filling: The act of placing material in a freshwater wetland, which can smother vegetation, alter soil composition, and disrupt wetland hydrology. Prohibited under the New Jersey Freshwater Wetlands Protection Act without a permit.

Flooding: The act of inundating a freshwater wetland with water, which can significantly alter its hydrology and negatively impact the ecosystem. Prohibited under the New Jersey Freshwater Wetlands Protection Act without a permit.

Freshwater wetland: As defined in N.J.S.A. 13:9B-3, an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

General permit: A type of permit issued under the New Jersey Freshwater Wetlands Protection Act for certain regulated activities that meet specific conditions and do not result in significant adverse impacts to wetland functions and values.

Mitigation: As required under N.J.S.A. 13:9B-13, actions taken to compensate for unavoidable impacts to freshwater wetlands, which may include restoration, creation, or enhancement of wetlands, or monetary contributions to the State's Wetlands Mitigation Fund.

Mitigation bank: A wetland area that has been restored, created, or enhanced to provide compensatory mitigation for authorized impacts to freshwater wetlands under the New Jersey Freshwater Wetlands Protection Act.

Notice of violation: A written notification issued by the NJDEP to a regulated entity that is found to be in non-compliance with permit conditions or regulatory standards under the New Jersey Freshwater Wetlands Protection Act.

Obstructions: Objects placed in freshwater wetlands that can damage soils, alter water flow, and disturb habitat for wetland species. Prohibited under the New Jersey Freshwater Wetlands Protection Act without a permit.

Permit-by-rule: A type of authorization under the New Jersey Freshwater Wetlands Protection Act that allows certain regulated activities to proceed without a formal permit, provided they meet specific conditions and requirements.

Pilings: Structures driven into freshwater wetland soils that can damage soils, alter water flow, and disturb habitat for wetland species. Prohibited under the New Jersey Freshwater Wetlands Protection Act without a permit.

Regulated activity: As defined in N.J.S.A. 13:9B-3, any activity that occurs in a freshwater wetland or its adjacent area, unless the activity is specifically exempted under the New Jersey Freshwater Wetlands Protection Act.

State open waters: All waters of the State, as defined in N.J.A.C. 7:7A-1.4, that are not freshwater wetlands.

Transition area: As defined in N.J.S.A. 13:9B-3, an area of land adjacent to a freshwater wetland that minimizes adverse impacts on the wetland or serves as an integral component of the wetland ecosystem.

Water level: The surface elevation of water in a freshwater wetland, which can be significantly altered by activities such as draining or flooding. Disturbing the water level is prohibited under the New Jersey Freshwater Wetlands Protection Act without a permit.

Water table: The upper surface of the zone of saturation in a freshwater wetland soil. Disturbing the water table is prohibited under the New Jersey Freshwater Wetlands Protection Act without a permit.

Wetlands Mitigation Fund: A fund established by the State of New Jersey to receive monetary contributions from permittees as a form of compensatory mitigation for authorized impacts to freshwater wetlands under the New Jersey Freshwater Wetlands Protection Act.

Wetland restoration: The act of returning a degraded or former wetland to its pre-disturbance condition, including its hydrology, vegetation, and wildlife habitat. Wetland restoration may be required as a form of mitigation under the New Jersey Freshwater Wetlands Protection Act.