Many of these values were not widely appreciated until the 1970s and 1980s. By then, more than half of the nation's wetlands were destroyed. The New Jersey freshwater wetlands program protects freshwater wetlands, and upland areas within 150 feet of wetlands (sometimes called "buffers"), from development which will impair the wetlands' ability to provide the values listed above.

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WHY DO WETLANDS NEED PROTECTION?

Over the last two hundred years, the United States has lost over 117 million acres of its wetlands through dredge and fill activities, drainage, development, pollution, and natural causes. Erosion, flooding, and sedimentation has resulted. Furthermore, the decrease in wetlands has decreased populations of waterfowl, fish, and shellfish. With over 54 percent of the total wetlands in the continental United States already lost, and an additional 200,000 acres disappearing every year, protecting our remaining wetlands has become a critical national priority.

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HOW DO I TELL IF MY LAND MIGHT CONTAIN WETLANDS?

No one can be sure if an area is wetlands without gathering detailed information about the site and inspecting the property. For a definite determination, you may need to hire an environmental consultant. Here are some clues that an area might be a wetland. If your land has any of the conditions below, you should investigate before going ahead with a project:

• The area often has standing water;
  
  

• The area is a low spot that holds water for several days after a heavy rain;
  
  

• The water table in the area is not far below the ground surface;
  
  

• Your land contains a stream or pond, with gentle banks (you may have a fringe of wetlands along the banks); or
  
  

• Your land is located near a river, stream, or lake.

Do not assume that an area cannot be a wetland because it has a mature forest on it, or because it does not have standing water. Many wetlands in New Jersey are forested areas without visible standing water.

If you think you might have wetlands on your land:

• Look at the New Jersey freshwater wetlands maps. Your municipal clerk and county clerk's office have both been given these maps for public use. The maps can also be obtained from DEP's Maps and Publications Office at (609) 777-1038, or, if your county or public library has a GIS (Geographic Information System) computer system, the maps can be viewed on their computer.
  
  

• The New Jersey freshwater wetlands maps provide guidance on where wetlands are found in New Jersey, but they are not the final word. Only an official determination from DEP, called a "letter of interpretation" can tell you for sure if you have freshwater wetlands on your property. An LOI verifies the presence, absence, or boundaries of freshwater wetlands and transition areas on a site.
  
  

• To get a letter of interpretation (or "LOI") from the DEP, call (609) 292-0060 and ask for the LOI information and application package.  You can also go to the Freshwater Wetlands section of the Forms web page and choose the items you want to download. LOIs range from simple to complex, with a corresponding range of fees and application review times.

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WHAT IF MY LAND CONTAINS FRESHWATER WETLANDS?

If your land contains freshwater wetlands, you are very limited in what you may do in the wetlands. The Freshwater Wetlands Protection Act requires DEP to regulate virtually all activities proposed in the wetland, including cutting of vegetation, dredging, excavation or removal of soil, drainage or disturbance of the water level, filling or discharge of any materials, driving of pilings, and placing of obstructions.

The most common type of freshwater wetlands permit is a general permit. General permits cover a limited number of very minor activities, such as:

• repair of existing structures
  
  
• short roads or driveways
  
  
• docks
  
  
• utility lines
  
  
• stream bank stabilization
  
  
• septic system repair

If your activity is not eligible for authorization under a general permit, DEP may, in very limited circumstances, issue an individual freshwater wetlands permit. Individual permits require an extensive alternatives analysis and are therefore much less common than general permits.

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ARE THERE ANY EXEMPTIONS?

There are limited exemptions for existing farming, ranching, or forestry operations. Wetlands disturbances in the Hackensack Meadowlands Development Area are exempt from the DEP wetlands program, but require permits from the Army Corps of Engineers or the Hackensack Meadowlands Development Commission. And wetlands disturbances in the Pinelands are permitted through the Pinelands Commission rather than DEP.

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WHAT ABOUT "BUFFERS"?

If you want to pursue activities in an area within 150 feet of a wetland, you may be in a transition area (sometimes called a buffer) and you may need a DEP transition area waiver. A transition area is a strip of land bordering the wetlands. The width of the transition area may vary from 150 feet down to nothing, depending on the value of the particular wetland. For example, a wetland containing endangered species habitat would require a 150 foot wide transition area, whereas a small wetland in a ditch might not require any transition area at all. Most freshwater wetlands require a 50-foot transition area.

There are many small activities that can be pursued in a transition area under general permits, like the general permits discussed above, for activities in freshwater wetlands. In addition, in some cases the transition area's shape may be altered to allow an activity, without diminishing its total size. This is called transition area averaging.

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I THINK I NEED A WETLANDS PERMIT. WHAT DO I DO?

If you think your project might need a wetlands permit, you can get more information by looking at some of the documents on our forms and checklists page. Go to the portion of the page entitled "Freshwater Wetlands Forms & Documents". If you need further information, you can contact LUR at the number listed for your county. If you do have to obtain a wetlands permit you may want to hire a professional engineer or environmental consultant to help you prepare and submit your application.