Category 1 Waterways and Land Protection in Montvale
For many years the New Jersey Department of Environmental Protection (NJDEP) has been adding layers of protection to waterways and wetlands throughout the state in order to improve degrading water quality and the overall environment.
The NJDEP created designations and related regulations for waterways and specific natural resources, such as wetlands. These regulations limit development which would impair or destroy valuable natural resources and/or degrade water quality. Preserving the integrity of specific waterways and ecosystems is vital to maintaining the quality of our water and the environment that requires it.
FIGURE 1 - NJDEP 3-Tier Protection System*
The NJDEP uses a three-tiered system to categorize waterway protection:
- Outstanding Natural Resource Waters. These waterways, many in the Pinelands National Reserve, are set aside in their natural state for posterity.
- Category One (C1) waterways are noted for their exceptional ecological, water supply, recreation, and/or fisheries values. Over 7,400 miles of waterways in New Jersey are now designated as Category One waterways, including 11 waterways right here in Montvale.
For some time, C1 waterways and surrounding land has been protected under the Flood Hazard Area Control Act https://www.nj.gov/dep/landuse/fha_main.html. More recently the NJDEP added rules to specifically improve water quality and protect against flood damage by protecting undeveloped areas surrounding C1 waterways.
Category 2 (C2) waterways are those waterways that are not designated as Outstanding Natural Resource Waters or Category One.
What’s the value of protecting Category One Waterways?
C1 water quality is important to residents for many reasons including:
- drinking water sources
- recreation
- fishing
- habitats for wildlife
Category One (C1) Waterways in Montvale
The Borough of Montvale is unique in that we currently have 11 Category 1 protected waterways. This protection includes all tributaries off of these waterways, and we have many including Huff Pond.
Figure 2 - Montvale Contains Eleven DEP Category 1 Waterways
Category 1 waterways in Montvale include:
1) Arrowhead Creek 2) Pine Brook 3) Bear Brook 4) Mill Brook 5) Laurel Brook 6) Echo Glenn Brook 7) Stateline Brook 8) Pascack Brook 9) Muddy Creek 10) Holdrum Brook 11) Cherry Brook
Waterway regulations
There are two distinct and overlapping NJDEP areas of jurisdiction:
- The flood hazard area
- The riparian zone
Recently a 300-foot buffer was introduced around ALL C1 waterways and tributaries called a “riparian zone”. Vegetation that grows along the banks and in the riparian zone of a waterway is essential for maintaining bank stability and water quality. Disturbance of this vegetation can destabilize the banks of waterways, leading to increased erosion and sedimentation that increases the intensity and frequency of flooding.
Figure 3 – DEP Regulated Riparian Zones*
Published DEP research has shown that vegetated riparian zones reduce adverse impacts to water quality so very little if any new construction is currently allowed in these areas.
Having 11 C1 waterways here in Montvale, spanning over 7 miles in length which equates to over 20% of the land in Montvale falling under DEP Category 1 regulations[1], not including Freshwater Wetlands which are also protected under NJDEP regulations.
Freshwater Wetlands
Freshwater wetlands are found throughout Montvale and carry related but separate NJDEP regulations. In 1987 wetlands became protected by the NJDEP to "preserve the purity and integrity of freshwater wetlands from random, unnecessary or undesirable alteration or disturbance”. Wetlands including a dry land buffer around the wetlands carry strict limits on disturbance. Regulations expand beyond construction and include tree cutting and dumping.
How does this effect me?
If your property is within 300 feet of a waterway in Montvale, or you have land nearby that remains wet for at least part of the year, you very likely have regulated property which likely requires a permit before any construction, tree or vegetation removal, or any type of land disturbance.
For more information about Category 1 waterway regulations visit the NJDEP page at https://www.nj.gov/dep/landuse/fha/fha_rz.html. For more information regarding NJ freshwater wetlands see the NJDEP page at https://www.nj.gov/dep/landuse/fww/fww_main.html and the Montvale Environmental Website at https://montvale.org/boards/environmental
To contact the NJDEP with any questions or concerns reach out to them at 1-800-927-6337
*Credit: New Jersey Department of Environmental Protection
[1] Protected C1 Land = 7mi * 5280ft/mi length * ~650ft width = 24M sq ft
(24M sq ft protected land)/(112M sq ft total Borough land)*100 = 21.4%