reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 9 - COMPLIANCE AND ENFORCEMENT › Section 7:3A-9.5 - Revocation of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may revoke an individual's license, after notice as set forth at N.J.A.C. 7:3A-9.7 and a hearing as set forth in N.J.A.C. 7:3A-10.1, where:
1. The individual is found in violation of the canons of professional ethics and standards of conduct as set forth at N.J.A.C. 7:3A-8.2(a);
2. The individual is found in violation of the industry standards of practice and/or safety requirements as set forth at N.J.A.C. 7:3A-8.1(a);
3. The individual has engaged in wrongful conduct as defined at N.J.A.C. 7:3A-8.2(c);
4. The individual has obtained a license or authorization to sit for an examination through fraud, deception, or misrepresentation;
5. The individual has conducted work, or allowed work to be conducted under his or her supervision, in a manner not in compliance with standards approved by the Board;
6. The individual has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense in the course of his or her business;
7. The individual has engaged in gross negligence or gross incompetence;
8. The individual has engaged in repeated acts of negligence or incompetence;
9. The individual has engaged in occupational misconduct, as determined by the Board;
10. The individual has been convicted of any crime involving moral turpitude, any crime related adversely to the activities regulated by the Board, or any crime of the first, second, third, or fourth degree;
11. The individual has had his or her authority to engage in the activities regulated by the Board revoked or suspended by any other state, agency, or authority;
12. The individual has failed to comply with the provisions of the Act or any rule promulgated pursuant thereto;
13. The individual is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the health, safety, and welfare of the public;
14. The individual has engaged in any form of false or misleading advertising or promotional activities, including but not limited to, hold himself or herself out to be a licensed tree expert, an arborist, licensed tree care operator, a tree surgeon, a tree care business, or any similar designation, or using the abbreviation "L.T.E." or "L.T.C.O." without being licensed as a tree expert or a tree care operator; or
15. The individual has failed to maintain records required by the Board.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 9 - COMPLIANCE AND ENFORCEMENT › Section 7:3A-9.7 - Enforcement procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any notice of revocation, suspension, denial, or non-renewal of a license or a business registration, the Board will:
1. Serve the notice by certified mail, return receipt requested, or by personal service upon the individual or business that is subject to the order or notice;
2. Identify the individual or business subject to the notice;
3. Set forth a concise statement of the facts that are the grounds for the denial, suspension, revocation, or non-renewal;
4. Identify each of the specific provisions of this chapter under which the denial, suspension, revocation, or non-renewal is authorized; and
5. Notify the person or persons named in the notice of the right to request a contested case hearing pursuant to the provisions of N.J.A.C. 7:3A-10.1(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 10 - HEARING REQUESTS › Section 7:3A-10.1 - Procedures to request a contested case hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual aggrieved by a decision made by the Board, including a notice of assessment of civil administrative penalty, notice of denial, non-renewal, suspension, revocation of a license or business registration, or any other Board decision may request a contested case hearing pursuant to this section and the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq. A written request for a contested case hearing shall be submitted to the Board.
(b) All requests for a contested case hearing shall be received by the Board no later than 20 business days after written notice of any decision in (a) above was received by the individual requesting a hearing.
(c) A request for a contested case hearing shall be submitted in writing to the Board in accordance with (b) above and shall contain:
1. The name, address, and telephone number of the person making the hearing request;
2. A copy of the notice or other document conveying the decision being contested;
3. A brief and clear statement of the requester's interest in such decision;
4. A statement of all facts alleged to be at issue and their relevance to the Board's decision for which a hearing is requested. Any legal issues associated with the alleged facts at issue shall also be included;
5. An admission or denial of each of the Board's findings of fact;
6. A description of the facts and/or issues that the person believes constitutes a defense to any finding or assertion of the Board;
7. Information and documentation supporting the assertions and appeals of the person requesting the hearing and specific reference to, or copies of, other written documents relied upon to support the assertions and appeals;
8. An estimate of the time required for the hearing (in days or hours); and
9. A request, if necessary, for a barrier-free hearing location for physically disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:4-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall constitute the rules of the Department of Environmental Protection concerning the preservation of the State's historic, architectural, archaeological, engineering, and cultural heritage in accordance with the New Jersey Register of Historic Places Act, 13:1B-15.1 28 et seq. This chapter contains rules on three distinct procedures administered by the Department through the Historic Preservation Office:
1. The nomination of historic sites to the New Jersey Register and the submission of historic sites to the National Register of Historic Places in a complementary process to 36 C.F.R. 60 which sets forth the Federal procedures for the National Register;
2. The procedures and criteria for evaluating the impact of public undertakings on historic properties listed in the New Jersey Register; and
3. A consultation process that may be used by other Department programs or non-Federal governmental agencies, in regard to identifying historic sites, assessing the potential effects of projects on such sites and recommending possible alternatives or mitigation for those effects.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:4-1.2 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 2 - REGISTRATION PROCEDURES AND CRITERIA › Section 7:4-2.1 - Integration of New Jersey and National Register of Historic Places Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures for registration in New Jersey Register are integrated with the National Register of Historic Places Program administered by the Department and the National Park Service. The New Jersey and National Registers both use the same nomination criteria, nomination forms, State administrative agency (Historic Preservation Office), and State Review Board. Both require that the Commissioner sign the nomination; in the case of the National Register, as the State Historic Preservation Officer. This integrated process is designed to avoid duplication of steps since the two programs parallel and complement each other. The dual process ends after the Commissioner signs a historic property's nomination form, which action lists the historic property in the New Jersey Register. The property is then registered and protected by the Act. Once signed by the State Historic Preservation Officer, the historic property's nomination form is then forwarded to the National Park Service in care of the Keeper of the National Register for consideration for inclusion in the National Register.
(b) The State Historic Preservation Officer is responsible for identifying and nominating eligible properties to the New Jersey and National Registers and establishing Statewide priorities for preparation and submittal of nominations to the New Jersey and National Registers in accordance with the State Historic Preservation Plan.
(c) The New Jersey Register is administered and maintained by the Department.
(d) The Commissioner, as the State Historic Preservation Officer, or the Commissioner's designee, shall make the final determination for New Jersey registration. If favorable, the Commissioner shall sign the nomination, thereby placing the historic property on the New Jersey Register and simultaneously recommending the historic property for National Register designation by the National Park Service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 2 - REGISTRATION PROCEDURES AND CRITERIA › Section 7:4-2.3 - Criteria for evaluation of a property nominated for listing in the New Jersey Register

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The criteria for evaluation listed below shall be used by the Department, State Review Board, and State Historic Preservation Officer to determine the eligibility of a property for listing in the New Jersey Register. The criteria for evaluation are also used by the National Park Service for determining eligibility of properties for the National Register (36 C.F.R. 60.4) or subsequent amendments thereto. These criteria are worded to apply to a wide diversity of properties. The criteria for evaluation are listed by letter as published in the Federal rules and as commonly utilized.
1. Criteria for Evaluation: The quality of significance in American history, architecture, archaeology, engineering and culture is present in districts, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association and:
i. (Criterion A) That are associated with events that have made a significant contribution to the broad patterns of our history; or
ii. (Criterion B) That are associated with the lives of persons significant in our past; or
iii. (Criterion C) That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
iv. (Criterion D) That have yielded, or may be likely to yield, information important in prehistory or history.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 2 - REGISTRATION PROCEDURES AND CRITERIA › Section 7:4-2.4 - Notification of registration and National Park Service determinations of eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon approval by the State Historic Preservation Officer of a property for listing in the New Jersey Register, all property owners named in the National Register Nomination Form in accordance with 7:4-2.2(c)4  shall receive from the Department written notification of the registration including the date of approval. Notification shall also be sent to the chief elected local official of the county and municipality in which the property is located and, if the property is located within the jurisdiction of a Certified Local Government, to the Historic Preservation Commission. Alternative methods of notification, such as publication in the official newspaper of the municipality, or in a newspaper circulating in the municipality, may be used when the number of property owners in a proposed historic area exceeds 50. Notification of all registrations in counties under the jurisdiction of the Pinelands Commission shall also be sent to the Pinelands Commission.
(b) Upon approval by the Keeper of a property for listing in the National Register, the State Historic Preservation Officer shall send written notification of the registration to the property owners and the chief elected local official of the county and the municipality in which the property is located and, if the property is located within the jurisdiction of a Certified Local Government, to the Historic Preservation Commission. Alternative methods of notification, such as publication in the official newspaper of the municipality, or in a newspaper circulating in the municipality, may be used when the number of property owners in a proposed historic area exceeds 50.
(c) In the case of nominations where the owner of private property or the majority of such owners for an area or a single property with multiple owners has objected to listing in the National Register and the Keeper has determined the property or area to be eligible for the National Register, the State Historic Preservation Officer shall send written notification of the determination of eligibility to the property owners and the chief elected local official of the county and the municipality in which the property is located and, if the property is located within the jurisdiction of a Certified Local Government, to the Historic Preservation Commission. Alternative methods of notification, such as publication in the official newspaper of the municipality, or in a newspaper circulating in the municipality, may be used when the number of property owners in a proposed historic area exceeds 50.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 2 - REGISTRATION PROCEDURES AND CRITERIA › Section 7:4-2.5 - Listed property file

Current through Register Vol. 56, No. 14, July 15, 2024
Documentation of properties approved for listing in the New Jersey Register shall be on file and, subject to the provisions of 7:4-2.7, shall be available for public inspection at the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 2 - REGISTRATION PROCEDURES AND CRITERIA › Section 7:4-2.6 - Distribution of New Jersey Register and National Register

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall maintain an updated list of sites on the New Jersey Register and National Register and distribute a copy of the New Jersey Register and National Register to the clerk of each county and municipality and to all New Jersey State Government agencies, instrumentalities, or entities upon request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 2 - REGISTRATION PROCEDURES AND CRITERIA › Section 7:4-2.7 - Disclosure of nomination or registration of a historic property

Current through Register Vol. 56, No. 14, July 15, 2024
The State Historic Preservation Officer need not make available to any person or entity except a Federal or State agency planning a project, the property owner, the chief elected local official of the county or municipality in which the property or district is located and the local Historic Preservation Commission for Certified Local Governments of the municipality in which the property is located, specific information relating to the location of properties proposed to be registered, or already registered in the New Jersey or National Registers, if the State Historic Preservation Officer determines that the disclosure of specific information would create a risk of destruction or harm to such properties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 3 - BOUNDARY REDELINEATION AND RELOCATION OF PROPERTIES LISTED IN THE NEW JERSEY REGISTER › Section 7:4-3.1 - Redelineation of the boundary of property listed in the New Jersey Register

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The boundary of a property listed in the New Jersey Register may be redelineated only if:
1. Property that meets the criteria for evaluation in N.J.A.C. 7:4-2.3 was not included in the registered property or property that does not meet the criteria for evaluation in N.J.A.C. 7:4-2.3 was included in the registered property as the result of professional error in the original nomination of the registered property for listing in the New Jersey Register;
2. Property comprising part of registered property no longer meets the criteria for evaluation in N.J.A.C. 7:4-2.3 because the integrity of the qualities that caused the property to be listed in the New Jersey Register has been lost;
3. The property possesses additional, previously unrecognized significance in American history, architecture, archaeology, engineering or culture which causes the property to meet the criteria for evaluation in N.J.A.C. 7:4-2.3;
4. Additional research documents that a larger or smaller area of the registered property should be listed; or
5. Original delineation is inadequate to determine boundary limits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 3 - BOUNDARY REDELINEATION AND RELOCATION OF PROPERTIES LISTED IN THE NEW JERSEY REGISTER › Section 7:4-3.2 - Relocation of properties listed in the New Jersey Register

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department encourages the relocation of properties on the New Jersey Register only when relocation is the only feasible means for preservation of the registered property. When a registered property is relocated every effort should be made to reestablish its historic orientation, immediate setting, and general environment.
(b) If the State, a county, municipality or any agency or instrumentality thereof proposes to relocate a property listed in the New Jersey Register, the State, county, municipality or agency or instrumentality thereof shall submit an application to the Department for project authorization for projects encroaching upon property listed in the New Jersey Register. The application shall be prepared, submitted and reviewed in accordance with the review procedures for projects encroaching upon property listed in the New Jersey Register set forth in N.J.A.C. 7:4-7.
(c) In order for a property listed in the New Jersey Register to be relocated and remain listed in the New Jersey Register during and after the relocation, the applicant shall submit documentation to the Department and obtain the approval thereof by the State Historic Preservation Officer prior to the relocation. The documentation shall set forth in detail:
1. The reasons for the relocation;
2. The effect of the relocation on the registered property's historical integrity which causes the property to meet the criteria for evaluation in 7:4-2.3;
3. The description of the new setting and general environment of the proposed site, including evidence that:
i. The proposed site does not possess historical or archaeological significance that would be adversely affected by the proposed relocation; and
ii. The proposed site will, to the maximum extent possible, contribute to reestablishing the registered property's previous historic orientation, immediate setting, and general environment; and
4. Photographs showing the proposed location.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 3 - BOUNDARY REDELINEATION AND RELOCATION OF PROPERTIES LISTED IN THE NEW JERSEY REGISTER › Section 7:4-3.3 - Properties relocated in accordance with the recommendations of the Advisory Council on Historic Preservation

Current through Register Vol. 56, No. 14, July 15, 2024
Properties relocated in accordance with the recommendations of the Advisory Council on Historic Preservation under 36 C.F.R. 800, are exempt from 7:4-3.2(c) through (h). An applicant shall notify the Department of the new site after the property has been relocated. The notice shall include the information and documentation required in 7:4-3.2(e).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 3 - BOUNDARY REDELINEATION AND RELOCATION OF PROPERTIES LISTED IN THE NEW JERSEY REGISTER › Section 7:4-3.4 - Relocation by the State, a county or municipality of property listed in the New Jersey Register

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the relocation by the State, a county, municipality or agency or instrumentality thereof of property listed in the New Jersey Register is authorized by the Commissioner in accordance with the procedures in N.J.A.C. 7:4-7 for project authorization of projects encroaching upon property listed in the New Jersey Register, the authorization exempts the registered property from 7:4-3.2(c) through (h).
(b) When the relocation by the State, a county, municipality or agency or instrumentality thereof of property listed in the New Jersey Register is authorized by the Commissioner in accordance with the provisions in N.J.A.C. 7:4-7 for project authorization for projects encroaching upon property listed in the New Jersey Register, the authorization does not exempt the registered property from 7:4-3.2(c) through (h) for the purpose of the property remaining in the National Register. In order for the property to remain in the National Register, an applicant shall comply with the procedures and obtain the determination required under 7:4-3.2(c) through (h).
(c) Under (a) and (b) above, an applicant shall notify the Department of the new site after the relocation. The notice shall include the information and documentation required under 7:4-3.2(e).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 4 - REMOVAL OF PROPERTY FROM THE NEW JERSEY REGISTER › Section 7:4-4.1 - Grounds for removal of property from the New Jersey Register

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A property listed in the New Jersey Register may be removed from the New Jersey Register only when the State Historic Preservation Officer determines that a petition for removal filed under (d) below establishes any of the following grounds:
1. The property has ceased to meet the criteria for evaluation in 7:4-2.3 because the qualities which caused the property to be listed in the New Jersey Register have been lost or destroyed, or such qualities were lost subsequent to nomination and prior to listing in the New Jersey Register;
2. Additional information establishes that the property does not meet the criteria for evaluation in 7:4-2.3;
3. Any error in professional judgment occurred in determining that the property meets the criteria for evaluation in 7:4-2.3; or
4. Prejudicial procedural error occurred in the nomination or listing process.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 5 - CERTIFICATION OF ELIGIBILITY FOR LISTING IN THE NEW JERSEY REGISTER › Section 7:4-5.1 - Certification of eligibility for listing in the New Jersey Register

Current through Register Vol. 56, No. 14, July 15, 2024
If the property for which a historic preservation grant is requested under the Garden State Preservation Trust Fund Act, 13:8C-1 et seq., is not listed on the New Jersey Register, the applicant shall, prior to submission of a historic preservation grant application under N.J.A.C. 15:34, obtain from the State Historic Preservation Officer a certification of eligibility stating that the property for which a grant is requested is eligible for listing in the New Jersey Register. An applicant for an historic preservation grant for property within a registered district which is not categorized on the National Register Nomination Form as either contributing or noncontributing to the character of the district shall apply to the Department for a certification of eligibility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 5 - CERTIFICATION OF ELIGIBILITY FOR LISTING IN THE NEW JERSEY REGISTER › Section 7:4-5.2 - Criteria for issuance of a certification of eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
In determining whether to issue a certification of eligibility, the Department shall apply the criteria of evaluation set forth in 7:4-2.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 5 - CERTIFICATION OF ELIGIBILITY FOR LISTING IN THE NEW JERSEY REGISTER › Section 7:4-5.3 - Application for certification of eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To request a certification of eligibility for listing in the New Jersey Register, the applicant shall:
1. Obtain a preliminary application from the Department;
2. Submit the following to the Department for a determination by the State Historic Preservation Officer whether the property is eligible for listing in the New Jersey Register.
i. The completed preliminary application;
ii. Clear photographs that show the property in complete exterior and interior views; and
iii. A location map.
3. If a property within a district listed in the New Jersey Register is not described on the National Register Nomination Form as being contributing or noncontributing to the character of the district, the application shall describe on the individual survey form how the property contributes to the character of the district.
4. If, based on its review of information submitted under (a)2 above, the Department determines that a property may be eligible for listing in the New Jersey Register as part of a district, the Department shall provide the applicant with a district survey form. The applicant shall complete the district survey form and submit it to the Department with photographs that show representative views of the district.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 6 - STATE FUNDS › Section 7:4-6.1 - Expenditure of State funds for historic preservation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Act requires that only properties on the New Jersey Register shall receive State funding for acquisition, preservation, restoration, and maintenance as historic properties.
(b) It is the responsibility of all State agencies considering funding a property for use as an historic place or site to apply for listing on the New Jersey Register as early as possible in their planning process. State agencies shall contact the Department for help and advice as to the eligibility of a property under their jurisdiction for listing in the New Jersey Register.
(c) Historic properties owned and maintained by the State of New Jersey, Department of Environmental Protection before November 30, 1970, are exempt from this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 7 - REVIEW PROCEDURES FOR PROJECTS ENCROACHING UPON NEW JERSEY REGISTER PROPERTIES › Section 7:4-7.1 - Application procedure for encroachment authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During the earliest stage of planning for any undertaking and before taking any action that could result in a physical effect on a property listed in the New Jersey Register, the State, a county, municipality or an agency or instrumentality thereof shall:
1. Consult with the Historic Preservation Office for the purpose of defining the boundaries of the area of the undertaking's potential impact;
2. Consult the latest edition of the New Jersey Register at
http://www.state.nj.us/dep/hpo/1identify/nrsr_lists.htm
to determine if there are any registered properties within the area of the undertaking's potential impact; and
3. Contact the Historic Preservation Office and determine if other properties within the area of the undertaking's potential impact have been listed in the New Jersey Register since the most recently published list. Public projects or actions for which acquisition or construction contracts have been let prior to listing on the New Jersey Register shall not require review and approval.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 7 - REVIEW PROCEDURES FOR PROJECTS ENCROACHING UPON NEW JERSEY REGISTER PROPERTIES › Section 7:4-7.3 - Emergency undertakings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of an emergency undertaking which needs to be implemented by the State, a county or municipality or an agency or instrumentality thereof, within 30 days of an emergency, the State, county or municipality or agency or instrumentality thereof, in lieu of the application procedure in 7:4-7.1, shall notify the Department by telephone and in writing as soon as possible. Said notification shall include: the name and address of the property listed in the New Jersey Register, a written description of the scope of the emergency undertaking, photographs documenting the condition of the registered property, a statement from an appropriate expert demonstrating how the condition of the property constitutes an immediate, direct, demonstrable and severe hazard to the safety of the public, and a statement as to how the undertaking will encroach upon the registered property. If demolition of all or a substantial portion of a property is proposed, the notification shall include a structural assessment and an evaluation of whether the property could be reasonably repaired, to be prepared by an architect or engineer with demonstrated experience with historic properties consistent with criteria established in the Secretary of the Interior's Professional Qualification Standards and related guidance as part of the larger Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as referenced in 36 C.F.R. 61.
(b) The Department shall respond within seven calendar days after receipt by the Department of the complete notification as described in (a) above. If the Department determines that the condition of the property constitutes an immediate direct, demonstrable, and severe hazard to the safety of the public, Historic Sites Council review is not required and the Department shall respond in accordance with 7:4-7.2(e)5  but within seven calendar days after receipt by the Department of the complete notification as described in (a) above. Until the Department authorizes the emergency undertaking, the State, county or municipality or agency or instrumentality thereof conducting the emergency undertaking shall only take measures necessary to stabilize or isolate the affected property to prevent danger to the public. The Department may determine that the situation does not constitute an emergency and require that the applicant follow the application procedure in 7:4-7.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 7 - REVIEW PROCEDURES FOR PROJECTS ENCROACHING UPON NEW JERSEY REGISTER PROPERTIES › Section 7:4-7.4 - Criteria for determining whether an undertaking constitutes an encroachment or will damage or destroy the historic property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An undertaking will have an adverse effect and therefore constitute an encroachment when the effect of the undertaking on a property listed in the New Jersey Register may diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association. Encroachments include, but are not limited to:
1. Physical destruction, damage, or alteration of all or part of the registered property;
2. Isolation of the registered property from or alteration of the character of the property's setting when that character contributes to the property's qualification for the New Jersey Register;
3. Introduction of visual, audible, or atmospheric elements that are out of character with the registered property or alter its setting; and
4. Acquisition, transfer, sale, lease, easement on, or an agreement or other permission allowing use of a registered property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 8 - CONSULTATION WITH OTHER DEPARTMENT PROGRAMS AND OTHER NON-FEDERAL GOVERNMENTAL AGENCIES › Section 7:4-8.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and phrases, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. If there is a conflict with a definition at 7:4-1.3, the definition below will control:
"Impact" means the adverse effect upon any district, site, building, structure or object included in or eligible for inclusion in the New Jersey and National Registers of Historic Places resulting from the implementation of a project.
"Principal investigator" means the person in direct charge of the major archaeological survey tasks including background investigation; site predictive model development and development of a field strategy; field investigation and testing; data collection and analysis; reporting; and curation.
"Project" means any planned action, whether private or public, which has the potential to result in direct or indirect effects on any district, site, building, structure or object listed in or eligible for listing in the New Jersey and National Registers of Historic Places. A planned action shall be considered to have an effect whenever any aspect of the action causes or may cause any change, beneficial or adverse, in the quality of the historical, architectural, archaeological, or cultural characteristics that qualified a historic property to meet the criteria of evaluation for inclusion in the New Jersey and National Register at 7:4-2.3. For the purpose of determining effect, alteration of features of the property's location, setting or use may be considered relevant depending on a property's significant characteristics. Direct effects are caused by the project and occur at the same place and time. Indirect effects include those caused by the project that are farther removed in distance or later in time, but are still reasonably foreseeable. Such indirect effects may include changes in the pattern of land use, population density or growth rate that may affect the quality of the historical, architectural, archaeological, or cultural characteristics that qualified a historic property to be listed or eligible for listing in the New Jersey and National Registers of Historic Places.
"Smithsonian (SITS) numbers" means the three-part, unique Smithsonian Institution Trinomial System (SITS) number assigned by the New JerseyState Museum to archaeological sites identified in New Jersey. A Smithsonian (SITS) number can be obtained for a site by providing the New JerseyState Museum with a completed archaeological site registration form, available from the New Jersey State Museum, 205 West State Street, Trenton, NJ 08625 or from the Historic Preservation Office's website at
http://www.state.nj.us/dep/hpo/1identify/survarkeo.htm
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 8 - CONSULTATION WITH OTHER DEPARTMENT PROGRAMS AND OTHER NON-FEDERAL GOVERNMENTAL AGENCIES › Section 7:4-8.2 - Types of consultation available to other Department programs and non-Federal governmental agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Historic Preservation Office, under the supervision of the State Historic Preservation Officer, will provide consultation to any Department program and may provide consultation to any non-Federal governmental agency in the following areas:
1. Determining the area of potential effect of a proposed project;
2. Identifying and evaluating property that is potentially eligible for inclusion in the New Jersey and National Registers of Historic Places, pursuant to the criteria in 7:4-2.3;
3. Assessing a potential project's impact upon any property eligible for inclusion in the New Jersey and National Registers of Historic Places;
4. Assessing alternatives to avoid or minimize, and/or mitigate the impacts of a project on a listed property or a property that is eligible for inclusion in the New Jersey and National Registers of Historic Places;
5. Formulating recommendations arising from the assessments provided pursuant to (a)4 above; and
6. Providing technical assistance related to the identification, evaluation and protection of historic property as may be requested.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 8 - CONSULTATION WITH OTHER DEPARTMENT PROGRAMS AND OTHER NON-FEDERAL GOVERNMENTAL AGENCIES › Section 7:4-8.3 - Standards used for consultation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The criteria for evaluating the eligibility of a property for listing in the New Jersey and National Registers of Historic Places is that set forth in N.J.A.C. 7:4-2.3.
(b) The criteria for evaluating the potential for effects and impacts, assessing alternatives and making recommendations in accord with N.J.A.C. 7:4-8.2 is set forth in:
1. The Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation. Copies are available from the Historic Preservation Office, PO Box 420, Trenton, New Jersey 08625-0420, or from the Department's website (
www.state.nj.us/dep/hpo
) or from the National Park Service website (
www.nps.gov
); and
2. The Secretary of the Interior's Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, 36 C.F.R. 68 et seq. as amended. Copies are available from the Historic Preservation Office, PO Box 420, Trenton, New Jersey 08625-0420, or from the website (
www.state.nj.us/dep/hpo
) or from the National Park Service website (
www.nps.gov
).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 8 - CONSULTATION WITH OTHER DEPARTMENT PROGRAMS AND OTHER NON-FEDERAL GOVERNMENTAL AGENCIES › Section 7:4-8.4 - Requirements for Phase I archaeological survey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All Phase I archaeological surveys shall be sufficient to enable the identification of archaeological sites in the area of the undertaking's potential impact. The standard for survey sufficiency will be met when the archaeological survey provides identification of historic and prehistoric archaeological sites in accordance with the survey elements listed below and the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (Federal Register 48:190, September 29, 1983 (48 FR 44716)), incorporated herein by reference.
(b) The principal investigator(s) for all Phase I archaeological surveys prepared in accordance with this section shall be a trained professional archaeologist who meets the qualification standards of the National Park Service (NPS) as defined in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (the Standards) referenced in (a) above.
(c) A Phase I archaeological survey shall include:
1. Background research consisting of:
i. A review of primary and secondary sources to identify the kinds of archaeological sites that potentially exist in the area of the undertaking's potential impact; their likely positioning across the landscape and within site soils; information regarding known historic and prehistoric archaeological sites; previous research in the locality; current environmental conditions; paleoenvironmental conditions; and historic and modern land use to facilitate predictions of the types of archaeological sites that may be present. Relevant sources are listed in chapter Appendix 1, incorporated herein by reference;
ii. A field inspection which includes observations regarding topography, historic land use and disturbance, field conditions, and indicators of potential for archaeological deposits (such as buildings, structures, and surface artifact scatters);
iii. The assessment report of a geomorphologist, pedologist or other soils specialist with expertise in Holocene geomorphology to assess potential for deeply buried artifact deposits within the area of the undertaking's potential impact, if the undertaking's area of potential impact is located within a floodplain, colluvial slope, or alluvial fan depositional context; and
iv. For non-linear projects, and for linear projects greater than 100 feet in width of ground disturbance, a complete deed search for the area of the undertaking's potential impact prior to conducting archaeological testing to provide information regarding historic period land use, date by which buildings were present, ethnicity of occupants, number of households or uses through time, and in some instances detailed information regarding owners' occupations, buildings, and land use, thereby providing valuable information to guide field survey;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 8 - CONSULTATION WITH OTHER DEPARTMENT PROGRAMS AND OTHER NON-FEDERAL GOVERNMENTAL AGENCIES › Section 7:4-8.5 - Requirements for archaeological survey reports-standards for report sufficiency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All archaeological survey reports submitted to the Department shall be sufficient to enable the identification, evaluation, and treatment of historic properties in the area of the undertaking's potential impact. The standard for report sufficiency will be met when the report addresses all of the items listed below.
1. Archaeological survey reports shall be produced:
i. With a hard-covered binder suitable for shelving;
ii. As a stand alone document that does not require the reader to obtain any other document or report to interpret and utilize its findings;
iii. On bond paper, including all maps, figures, charts, plates, and tables;
iv. With all figures, plates, charts, and tables incorporated into the report body following the page(s) on which they are discussed;
v. With all photo CD-Rs in pockets, envelopes, or sleeves within the report body;
vi. With all materials adequately durable to allow frequent use without damage;
vii. With no page that is larger than 11 inches by 17 inches; and
viii. With all pages sequentially paginated.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 8 - CONSULTATION WITH OTHER DEPARTMENT PROGRAMS AND OTHER NON-FEDERAL GOVERNMENTAL AGENCIES › Section 7:4-8.6 - Standards for architectural survey reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All architectural survey reports submitted to the Department shall be sufficient to enable the identification, evaluation, and treatment of historic properties in the area of a proposed undertaking's potential impacts. The standard for report sufficiency will be met when the report addresses all of the items listed below.
1. Architectural survey reports shall be produced:
i. With a hard-covered binder suitable for shelving;
ii. As a stand alone document separate from other documents or reports;
iii. On bond paper for all pages;
iv. With citations that follow the format established in the Chicago Manual of Style, 14th Edition, incorporated by reference, as amended and supplemented, available at most local libraries or online at
http://www.chicagomanualofstyle.org/tools_citationguide.html
;
v. With citations given as footnotes rather than as endnotes or parenthetical references;
vi. With all figures, plates, and tables incorporated into the report body on or following the page(s) on which they are discussed;
vii. With all photo/text CD-Rs labeled and in pockets, envelopes, or sleeves within report body;
viii. With all materials adequately durable to allow frequent use without damage;
ix. With no page that is larger than 11 inches by 17 inches in size; and
x. With all pages sequentially paginated.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 4 - THE NEW JERSEY REGISTER OF HISTORIC PLACES RULES › Subchapter 8 - CONSULTATION WITH OTHER DEPARTMENT PROGRAMS AND OTHER NON-FEDERAL GOVERNMENTAL AGENCIES › Section 7:4-8.7 - Standards for combined archaeological and architectural survey reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a proposed undertaking potentially impacts archaeological and architectural resources, a combined archaeological and architectural survey may be prepared. All combined archaeological and architectural survey reports submitted to the Department shall be sufficient to enable the identification, evaluation, and appropriate treatment of historic properties in the area of the potential impacts of a proposed undertaking. The standard for report sufficiency shall be met when the report addresses all of the items listed below.
1. Combined archaeological and architectural survey reports shall be produced:
i. With a hard-covered binder suitable for shelving;
ii. As a stand alone document separate from other documents or reports;
iii. On bond paper for all pages;
iv. With all citations following the format established in the Chicago Manual of Style, 14th Edition, incorporated by reference as amended and supplemented, as referenced in 7:4-8.6(a)1  iv;
v. With citations given as footnotes rather than as endnotes or parenthetical references;
vi. With all references to archaeological sites annotated with the Smithsonian number;
vii. With all graphics bound (and/or in pockets, envelopes, or sleeves) within the report body;
viii. With all photo/text CD-Rs labeled and in pockets, envelopes, or sleeves within the report body;
ix. With all materials adequately durable to allow frequent use without damage;
x. With no page that is larger than 11 inches by 17 inches in size; and
xi. With all pages sequentially paginated.