Wetlands Analysis

What are Wetlands?

Wetlands, commonly referred to as swamps, marshes, or bogs are areas of land in which the soil is inundated with water for at least part of the year. Many wetlands in New Jersey are forested and do not fit the classic picture of a swamp or marsh. When determining the existence of wetlands in New Jersey, the NJDEP requires the methodology described in the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands. The Federal Manual details three factors present in all wetlands:

• Wetland Hydrology - the presence of water for at least part of the year.

• Hydrophytic Vegetation - Wetland Plants.

• Hydric Soils - Wetland soils characterized by a lack of oxygen due to long periods of saturation.

Why are Wetlands regulated?

Wetlands contribute a variety of ecosystem services to the surrounding community. These ecosystem services include: flood water retention, water filtration, carbon sequestration, and they provide vital habitat for many species. As people continue to develop natural land into robust communities, wetlands protection is essential in ensuring that the development does not come at a cost to neighboring communities. Before laws protecting wetlands existed, wetlands were commonly drained to create new farmland. Scientists have since realized the value wetlands bring to the community, and they are now regulated nationwide.

What data is shown in the WTG Wetlands Analysis?

NJDEP Wetlands: This map layer was created by the Aerial Information Systems, Inc., Redlands, CA, under direction of the New Jersey Department of Environmental Protection (NJDEP) using inferred photography captured in the spring of 2012. The NJDEP states “While these wetland delineations are not regulatory lines, they represent important resource data in identifying potential wetland areas.”

Citation: NJ DEP Wetlands Data: New Jersey Department of Environmental Protection (NJDEP), Division of Information Technology (DOIT), Bureau of Geographic Information Systems (BGIS) Publication Date: 20150217 Title: Wetlands (from Land Use/Land Cover 2012 Update), Edition 20150217 (Land_lu_2012_wetland) This (map/publication/report) was developed using New Jersey Department of Environmental Protection Geographic Information System digital data, but this secondary product has not been verified by NJDEP and is not state-authorized.

MODIV Tax Assessment data: Tax assessment data includes the property address, matched with the block and lot, and if available land description, year of construction, and acreage. In some cases, the MODIV tax assessment data can contain errors. We do not edit the MODIV tax data, but we can remove the page containing the information upon request.

Property Tax Map: The property tax map will show the shape of the lot, and in some cases display the dimensions of the subject property and easements. The tax map boundaries and easements shown on the Tax Map are for informational purposes only, and for more detailed information the property Deed should be reviewed to confirm all dimensions and easements.   .

Why should I purchase WTG’s Wetlands Analysis?

The WTG Wetlands Report is an offsite preliminary wetlands analysis which leverages the NJDEP’s wetlands GIS data and WTG’s property identification system. We will ensure that the correct property is selected for the analysis; we then package the information into an easy to read and share report. The wetlands data contained in this report are not a final determination of wetlands on a site, but it can offer a comparative look between properties. Wetlands can severely limit the development potential of a property or if a property with an existing structure contains wetlands, home improvement projects, land use and lawn management may also be limited. Our Wetlands Analysis can help determine if a property is worth further investment and investigation. We want buyers to have the ability to make calculated judgements before investing large sums of time and money into due diligence. We also want to be clear that the NJDEP wetlands data was not produced by a wetlands survey, and wetlands can occur on a property even if the NJDEP data shows no sites.

If the report shows wetlands: If our wetlands report shows a site impacted by the NJDEP Wetlands data, wetlands are very likely to appear on the site. If the report shows extensive coverage, it is likely that only a small part of the property if any is available for development, or improvement. If the report shows a mild amount of coverage, it is likely that some of the property may be subject to limitation.

If the report doesn’t show wetlands on a site: If wetlands are not shown affecting the subject property, it is less likely that wetlands regulation will affect the property. Further investigation should still be completed to confirm that the property is ready for development or that home and lawn improvement projects will not be limited.

What entity governs Wetlands?

The EPA sets a minimum protection requirement for wetlands in all States through The Clean Water Act, section 404, but many states have built upon the EPA rules to further protect this natural resource. In New Jersey the N.J Department of Environmental Protection is responsible for the State’s wetlands and has extended the minimum requirements of the EPA for fresh water wetlands through the New Jersey Administrative Code 7:7A Freshwater Wetlands Protection Act Rules and for coastal wetlands through New Jersey Administrative Code 7:7 Coastal Zone Management Rules.

What do I do after securing the report?

To definitively determine if Wetlands exist on a site a presence or absence LOI should be obtained through the NJDEP. If presence is confirmed, a more extensive review will be required to determine the extent and resource value of the wetlands. We suggest working with a wetlands specialist such as Envirotactics during this process. If a wetlands survey or delineation was completed, the survey should take priority over our report, if the survey or delineation is more than 5 years old; a new one will be required. If you have any questions, please contact us.