New Jersey Statutes Title 13. Conservation and Development Parks and Reservations 13 § 9B-3

As used in this act:

“Bank” means the Wetlands Mitigation Bank established pursuant to section 14 of this act;  1

“Commissioner” means the Commissioner of the Department of Environmental Protection;

“Council” means the Wetlands Mitigation Council established pursuant to section 14 of this act;

“Department” means the Department of Environmental Protection;

“Environmental commission” means a municipal advisory body created pursuant to P.L.1968, c. 245 (C. 40:56A-1 et seq.);

“Federal Act” means section 404 of the “Federal Water Pollution Control Act Amendments of 1972” as amended by the “Clean Water Act of 1977” (33 U.S.C. § 1344) and the regulations adopted pursuant thereto;

“Freshwater wetland” means 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;  provided, however, that the department, in designating a wetland, shall use the 3-parameter approach (i.e. hydrology, soils and vegetation) enumerated in the April 1, 1987 interim-final draft “Wetland Identification and Delineation Manual” developed by the United States Environmental Protection Agency, and any subsequent amendments thereto;

“Freshwater wetlands permit” means a permit to engage in a regulated activity issued pursuant to this act;

“Hydrophyte” means plant life adapted to growth and reproduction under periodically saturated root zone conditions during at least a portion of the growing season;

“Linear development” means land uses such as roads, drives, railroads, sewerage and stormwater management pipes, gas and water pipelines, electric, telephone and other transmission lines and the rights-of-way therefor, the basic function of which is to connect two points.  Linear development shall not mean residential, commercial, office, or industrial buildings;

“Person” means an individual, corporation, partnership, association, the State, municipality, commission or political subdivision of the State or any interstate body;

“Regulated activity” means any of the following activities in a freshwater wetland: