(a) A
riparian zone exists along every regulated water, except there is no riparian
zone along the Atlantic Ocean nor along any manmade lagoon, stormwater
management basin, or oceanfront barrier island, spit or peninsula.
(b) The
riparian zone includes the land and vegetation within each regulated water
described in (a) above, as well as the land and vegetation within a certain
distance of each regulated water as described in (c) below. The portion of the
riparian zone that lies outside of a regulated water is measured landward from
the top of bank. If a discernible bank is not present along a regulated water,
the portion of the riparian zone outside the regulated water is measured
landward as follows:
1. Along a linear fluvial or tidal
water, such as a stream, the riparian zone is measured landward of the
feature's centerline;
2. Along a non-linear fluvial
water, such as a lake or pond, the riparian zone is measured landward of the
normal water surface limit;
3. Along a non-linear tidal
water, such as a bay or inlet, the riparian zone is measured landward of the
mean high water; and
4. Along an amorphously-shaped
feature, such as a wetland complex, through which a regulated water flows but
which lacks a discernible channel, the riparian zone is measured landward of
the feature's centerline.
(c) The
width of the riparian zone along each regulated water described in (a) above is
as follows:
1. The riparian zone is 300 feet
wide along both sides of any Category One water, and all upstream tributaries
situated within the same HUC-14 watershed;
2. The riparian zone is 150 feet
wide along both sides of the following waters not identified in (c)1 above:
i. Any trout production
water and all upstream waters (including tributaries);
ii. Any trout maintenance water
and all upstream waters (including tributaries) within one linear mile as
measured along the length of the regulated water;
iii. Any segment of a water flowing
through an area that contains documented habitat for a threatened or endangered
species of plant or animal, which is critically dependent on the regulated
water for survival, and all upstream waters (including tributaries) within one
linear mile as measured along the length of the regulated water; and
iv. Any segment of a water flowing
through an area that contains acid producing soils; and
3. The riparian zone is 50 feet
wide along both sides of all waters not identified in (c)1 or 2 above.
(d) The
riparian zones established by this chapter are separate from and in addition to
any other similar zones or buffers established to protect surface waters. For
example, the Stormwater Management rules at N.J.A.C. 7:8 and the Highlands
Water Protection and Planning Act rules at N.J.A.C. 7:38 establish 300-foot
Special Water Resource Protection Areas and buffers, respectively, along
certain waters. Furthermore, the Freshwater Wetlands Protection Act rules at
N.J.A.C. 7:7A establish 50-foot and 150-foot transition areas along freshwater
wetlands and other features that are also regulated under this chapter.
Compliance with the riparian zone requirements of this chapter does not
constitute compliance with the requirements imposed under any other Federal,
State or local statute, regulation or ordinance.