Rebuilding with Resilience

12 New Jersey Department of Environmental Protection, Blue Acres Floodplain Acquisitions, http://www.nj.gov/dep/greenacres/
blue_flood_ac.html.
13 Under the New Jersey Freshwater Wetland Protection Act, impacts to wetlands caused by regulated activities must be mitigated.
Mitigation can be achieved by creating, restoring, or enhancing other wetlands, making a monetary or land contribution, or by
purchasing a mitigation bank credit. A wetlands mitigation bank is a site where wetlands or associated uplands/aquatic resources are
created, restored, or enhanced by a site operator, who is awarded mitigation credits that may be sold to regulated entities. A wetlands
mitigation bank can be created by a public entity, such as a county or municipality, or by a private company. Once a wetlands mitigation
bank project is proposed, NJDEP determines the number of mitigation credits the project would be awarded, as well as the service area
for the bank. Once approved, a wetlands mitigation bank may sell wetlands mitigation credits to regulated public or private entities in
its service area. NJDEP Division of Land Use Regulation, Mitigation, http://www.nj.gov/dep/landuse/mitigate.html.
14 The Meadowlands site is in the service area of two existing Wetlands Mitigation Banks. The two existing wetlands banks in the
Meadowlands region include the Kane Wetland Mitigation Bank and MRI-3. The Kane Wetland Mitigation Bank is located on land
owned by the Meadowlands Conservation Trust, is run by a private operator, and may only sell credits for transportation projects by
NJ Transit, Port Authority, the New Jersey Department of Transportation (NJDOT), and New Jersey Transit Authority. The MRI-3
Mitigation Bank is located on a 51 acre site in Carlstadt, NJ, and is run by a private firm.
15 Authorized by the New Jersey Freshwater Wetlands Protection Act (NJSA 13:9B-13—13:9B-14, NJSA 7:7A), the Coastal Zone
Management Rules (NJAC 7:7E), and Coastal Permit Program Rules (NJAC 7:7), among other statutes and implementing rules
governing development proposals affecting freshwater and tidal wetlands and coastal areas; see also http://www.nj.gov/dep/landuse/
download/mit_040.pdf.
16 New Jersey mitigation bank regulations (N.J.A.C. 7:7A-15.23) and the Hackensack Meadowlands Reclamation and Development Act.
If the proposed site falls under federal jurisdiction, federal mitigation banking rules would apply. 33 CFR 325, 332 and 40 CFR 230.
17 NJDEP regulations state that “an improvement to a public facility which is intended for human use, such as a … nature trail, or
boardwalk does not constitute mitigation.” N.J.A.C. 7:7A-15.4.
18 Id.
79 Chapter 6: New Meadowlands | Rebuilding with Resilience GEORGETOWN CLIMATE CENTER