What if the 300-foot buffer on a Category One stream is already disturbed?
Where the Special Water Resource Protection Area (SWRPA) has been disturbed by lawfully existing uses, encroachment in the outer 150 feet of the SWRPA may be allowed in the limited circumstances where the applicant is able to demonstrated that the functional value and overall condition is maintained to the maximum extent practicable. Details of the functional value analysis are provided at http://www.njstormwater.org/docs/fva080124.
Where the Special Water Resource Protection Area (SWRPA) has been disturbed by lawfully existing uses, encroachment in the outer 150 feet of the SWRPA may be allowed in the limited circumstances where the applicant is able to demonstrated that the functional value and overall condition is maintained to the maximum extent practicable.
