Wetland Transition Areas

To provide strict protection of the freshwater wetlands ecosystem, the Freshwater Wetlands Protection Act requires regulation of transition areas around wetlands. New Jersey's law is one of the most comprehensive in the country. The width of the transition area varies depending on the value of the wetland. Most wetlands in Montvale are classified as intermediate value wetland and require a transition area of 50ft in width.

The NJ DEP defines the wetland transition area as:

1. "An ecological transition zone from uplands to freshwater wetlands which is an integral portion of the freshwater wetlands ecosystem, providing temporary refuge for freshwater wetlands fauna during high water episodes, critical habitat for animals dependent upon but not resident in freshwater wetlands, and slight variations of freshwater wetland boundaries over time due to hydrologic or climatologic effects; and
2. A sediment and storm water control zone to reduce the impacts of development upon freshwater wetlands and freshwater wetlands species."

Per the DEP rules and regulations, "acts or acts of omission in a transition area that adversely affect a transition area's ability to serve as any of the areas described below shall be deemed inconsistent with the definition above:"

1. A temporary refuge for freshwater wetlands fauna during high water episodes;
2. A habitat area for activities such as breeding, spawning, nesting and wintering for migrating, endangered, commercially and recreationally important wildlife;
3. An area to accommodate slight variations in freshwater wetland boundaries over time due to hydrologic or climatologic effects;
4. A remediation and filtration area to remove and store nutrients, sediments, petrochemicals, pesticides, debris and other pollutants as they move from the upland towards the freshwater wetlands;
5. A buffer area to keep human activities at a distance from freshwater wetlands, thus reducing the impact of noise, traffic, and other direct and indirect human impacts on freshwater wetlands species;
6. A corridor area which facilitates the movement of wildlife to and from freshwater wetlands and from and to uplands, streams and other waterways; and
7. A sediment and storm water control area to reduce the adverse effects of development or disturbance upon freshwater wetlands, flora and fauna, and nearby waterways.

Transition areas provide vital functions including habitat and temporary refuge for wetlands-dependant wildlife, habitat for breeding, spawning, nesting, and wintering for wildlife, and a corridor area to facilitate and protect wetlands from pollutants moving from uplands towards the wetlands. They buffer wetlands from human activities such as noise and traffic.

Wetland Protection Rules clearly state the following restricted activities within wetland buffers areas:

1. Removal, excavation, or disturbance of the soil;
2. Dumping or filling with any material;
3. Erection of structures;
4. Placement of pavements;
5. Destruction of plant life which would alter the existing pattern of vegetation; and
6. Placement of any portion of a residential development project, as defined at N.J.A.C. 7:7A-1.4.

The Freshwater Wetland Protection Rules allow very limited activity within the transitions areas. The following activity is allowed in wetland buffers:

1. Normal property maintenance.
   The DEP defines this as activities required to maintain lawfully existing artificial or natural features, landscaping, gardening. including:
   - Mowing of existing fields or lawns;
   - Pruning of trees or shrubs;
   - Selective cutting of trees;
   - Replacement of existing non-native plants with other native or non-native species;
2. Minor temporary disturbance resulting from activity on adjacent land.
   The DEP defined this as placement of things such as ladders or scaffolds or use of non-mechanized equipment to move man made debris from the area.
3. Erection of of temporary structures covering no more than 150 square feet or less of the transition area.
   The DEP states a "temporary structure" means a shed or fence without foundation, or a structure that remains in the transition area for not more than 6 months.

Transition Area Exemptions

The DEP does accommodate wetland transition area exemptions in a few special cases, mostly relating to farmland. The DEP does also extend transition area exemption to:

1. Projects that received preliminary site plan or subdivision approval from a municipality prior to July 1, 1989, provided the approvals remain valid.
2. Projects for which a complete preliminary site plan or subdivision application was submitted to a municipal board prior to June 8, 1987; Projects that undergo significant enough change to require a new or amended application are not exempt from the state regulation.