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Section: Effect of Revised Statutes on ordinances and resolutions adopted or enacted under authority of pre-existing laws

Statute: 13:9B-16

a. There shall be transition areas adjacent only to freshwater wetlands of exceptional resource value and of intermediate resource value. A transition area shall serve 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. b. The width of the transition area shall be determined by the department as follows: (1) No greater than 150 feet nor less than 75 feet for a freshwater wetland of exceptional resource value; (2) No greater than 50 feet nor less than 25 feet for a freshwater wetland of intermediate resource value. c. The minimum width of a transition area established pursuant to this section may be further reduced consistent with a transition area averaging plan approved under section 18 of this act. L. 1987, c. 156, s. 16.

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