More on Vernal Pools
I think what's going on is this:
1) the one-acre loophole existed in the 1989 "NJ Freshwater Wetlands Protection Act;" the law that was passed in 2001 along with the regs subsequently issued by NJDEP were evidently aimed at closing the loophole;
2) the burden of "closing the loophole" appears to be on the NJDEP in that the NJDEP has to map vernal pools in order to protect them. The following comes from
a 2002 description by a zoologist for NJDEP's Division of Fish & Wildlife:
Although the NJ Freshwater Wetlands Protection Act has been in place since 1989, it has done little to protect vernal pools because wetlands smaller than 1 acre (most vernal pools in NJ are less than 0.25 acre) are exempt from the regulatory protection. Vernal pools can be filled, drained, or modified with a general permit. The new vernal pool (or 'vernal habitat,' as it is known in regulatory language) regulations protect vernal pools that are known meet the following certification criteria:
* Occurs in a confined basin depression without a permanently flowing outlet.
* Provides documented habitat for obligate or facultative vernal habitat species (these species are identified in N.J.A.C. 7:7A, Appendix 1).
* Maintains ponded water for at least two continuous months between March and September of a normal rainfall year.
* Free of fish populations throughout the year, or dries up at some time during a normal rainfall year.
3) An online map of vernal pools that have been mapped is available
here. I'm not smart enough to make the thing work for me in any useful way. I also can't figure out the age of the information reflected on the map, nor can I figure out what the legal effect of the on-line map is (i.e., if a site is on the map, does that mean it's protected? if a site isn't on the map, does that mean it can be bulldozed with impunity?).
Dave