New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 1 - GENERAL PROVISIONS › Section 7:3-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Age" means, with respect to a stand:
1. If the stand is even aged, the mean age of the trees calculated from the year of the stand's establishment; and
2. If the stand is uneven aged, the mean age of the dominant or, if applicable, co-dominant tree species in the stand.
"Age class" means an interval into which the age range of trees is divided for classification or utilization.
"Age-class distribution" means, with respect to a stand, the location or proportionate representation, or both, of different age classes in the stand.
"Agroforestry" means a system of land management that involves deliberate mixture of trees or other woody perennials with crop and animal production to take advantage of economic or ecological interactions among the components.
"Approved Forester" means an individual whose name is on the List of Approved Foresters.
"Basal area" means the cross-sectional area of:
1. With respect to a single tree, its stem, including the bark, measured at breast height (4.5 feet above the ground), typically expressed in square feet or square meters; and
2. With respect to a stand, or all trees of one or more specified species within the stand, all the trees, measured at breast height (4.5 feet above the ground), typically expressed in square feet or square meters per acre or per other unit of land area.
"Biomass" means, with respect to a stand at a given time, the vegetative matter in the stand and is typically expressed in units of volume of wet or dry weight per acre. Depending on the context in which it is used, this term may apply to all vegetative matter in the stand collectively or to a component of the stand, such as a given species of trees or a harvestable forest product.
"Canopy cover" means the proportion of the forest floor covered by a vertical projection of the tree crowns, and is expressed as a percent of an area of forest land.
"Commissioner" means the Commissioner of the Department.
"Contiguous" shall have the same meaning as defined for this term in the Department of the Treasury's Farmland Assessment Act rules at
N.J.A.C. 18:15
, except that no easement that crosses a property and that is held by a public utility or other public entity shall be deemed to disrupt the property's contiguity.
"Critical habitat" shall, with respect to a Federally listed threatened or endangered species, have the same meaning as defined for this term in Section 3 of the Endangered Species Act of 1973,
16 U.S.C. §
											1532.
"Crown" means the part of a tree or woody plant bearing live branches and foliage.
"Crown class" means a category of tree based on its crown position relative to those of adjacent trees. Examples of such classes include dominant, co-dominant, intermediate, and overtopped.
"Department" means the Department of Environmental Protection.
"Destruction or adverse modification" shall, with respect to a Federally listed threatened or endangered species, have the same meaning as defined for this term in the USFWS's Endangered Species Committee regulations at
50 CFR 402.02
.
"Diameter at breast height" or "DBH" means the diameter of the stem of a tree measured at breast height (4.5 feet above the ground).
"Diameter class" or "DBH class" means any of the intervals into which a range of diameters of tree stems or logs may be divided for classification and utilization.
"Ecosystem service" means a service rendered by an ecosystem that benefits people. It is specifically a service that is useful to man, as follows:
1. A provisioning service, such as clean air, fresh water, energy, fuel, forage, or fiber;
2. A regulating service, such as long-term storage of carbon; climate regulation; water filtration, purification, or storage; soil stabilization; flood control; or disease regulation;
3. A supporting service, such as pollination, seed dispersal, soil formation, or nutrient cycling; or
4. A cultural service, such as an educational, aesthetic, spiritual, or cultural heritage value, recreational experience, or tourism opportunity.
"Farmland assessment" means valuation, assessment, and taxation of land under the Farmland Assessment Act.
"Farmland Assessment Act" means the Farmland Assessment Act of 1964, 54:4-23.1 et seq., and any subsequent amendments.
"Federal guidelines plan" means a plan that was approved by the Department prior to December 18, 2017, as satisfying the requirements for forest stewardship plans in the National Forest Stewardship Guidelines.
"Federally listed threatened or endangered species" means a species listed with a status of "endangered" or "threatened" on the List of Endangered and Threatened species promulgated by the USFWS or other Federal agency pursuant to the Endangered Species Act of 1973,
16 U.S.C. §§
											1531
et seq.
"Flood hazard area" shall have the same meaning as defined for this term in the Flood Hazard Area Control Act rules at
N.J.A.C. 7:13-1.2
.
"Forest health" means the perceived condition of a forest or a stand derived from concerns about such factors as its age, structure, species composition, function, vigor, presence of unusual levels of insects or disease, and resilience to disturbance.
"Forest inventory" means, with respect to a stand, a characterization of the stand based on data collected from a systematic survey of the stand that:
1. Is designed to provide information about the condition of the stand for use in planning for the management of the stand;
2. Is conducted in accordance with accepted forestry sampling methods; and
3. May be used to show the rate of change of forest parameters and the dynamics of the stand through comparison with data collected in one or more prior inventories, if available.
"Forest management" means the practical application of biological, physical, quantitative, managerial, economic, social, and policy principles to the regeneration, management, utilization, and conservation of forest land or of a stand to meet specified goals and objectives while maintaining its sustainability.
"Forest productivity" means, with respect to an objective in a forest stewardship plan, the rate of progress toward the desired future condition or outcome. This rate could be a positive or negative value. As an example, if the objective is:
1. To produce woody biomass, this term could be expressed as the net average annual change in the amount of woody biomass, given in cubic feet, board feet, cords, or weight of biomass per acre; or
2. To manage the forest ecosystem so as to enhance a population of a State-listed endangered plant species, such as the Pine Barren Gentian (
Gentiana autumnalis
), this term could be expressed as the net average annual change in the number of individual plants in the population or in the extent of the population, given in units of area such as square feet.
"Forest stewardship plan" means a plan that is prepared and implemented by an owner of forest land and is approved by the Department as conforming to the requirements of N.J.A.C. 7:3-5.
"Forest type" means a category of forest defined by its vegetation, particularly its dominant vegetation as based on percentage cover of trees. Examples of such a category include pine, oak/pine, pine/oak, oak/hickory, oak, maple/beech/birch, maple/gum, pitch pine, and Atlantic white-cedar.
"Full stocking" means, with respect to a stand, a stocking level within the range that, for a management objective of producing trees for harvesting, represents optimal occupancy to maximize the growth potential of the stand.
"Goal" means a broad, general statement, usually not quantifiable, that expresses a desired end state to be achieved.
"Ground cover" means the herbaceous plants, including, but not limited to, grasses and ferns, and the lowest shrubs occupying an area.
"Harvesting" means the cutting, gathering, and removal of trees or other forest product from a forest or stand in preparation for its processing, transport, sale, and/or utilization.
"Highlands Region" shall have the same meaning as defined for this term in the Highlands Water Protection and Planning Act rules at
N.J.A.C. 7:38-1.4
.
"Individual" means a single human being.
"Invasive species" means a non-native species that has been introduced into a habitat and geographical area outside of its natural geographical range and that has the ability to reproduce prolifically and spread with little or no natural control, thereby displacing native biological diversity and threatening the integrity of natural ecosystems.
"Landlocked" means, with respect to the subject property:
1. Title to each of the properties surrounding the subject property is in the name of an owner other than the owner of the subject property; and
2. The owner of the subject property does not hold a right of way or other easement granting legal access to the subject property from a public roadway.
"List of Approved Foresters" means the list, established and maintained by the Department in accordance with N.J.A.C. 7:3-3.
"Litter" means the surface layer of the forest floor that is not in an advanced stage of decomposition, usually consisting of freshly fallen leaves, needles, twigs, stems, bark, and fruits.
"Local government unit" means a municipality, county, or other political subdivision of the State, or any agency, board, commission, public utility authority or other authority, or other entity thereof.
"Lot" shall have the same meaning as defined for this term in the Municipal Land Use Law at
N.J.S.A. 40:55D-4
.
"Monitor" or "monitoring" means, with respect to a forest stewardship plan, collection of information over time, generally on a sample basis by measuring change in the value of one or more parameters, to determine the extent to which the implementation of the plan is resulting in progress toward one or more of the plan's objectives.
"National Forest Stewardship Guidelines" means the guidance document entitled, "Forest Stewardship Program National Standards and Guidelines," issued by Cooperative Forestry, State & Private Forestry, USDA Forest Service, revised October 2015, as supplemented, amended, or periodically revised. The USDA Forest Service has supplemented this document through its issuance of the "Forest Stewardship Management Plan Resource Elements" (July 2013). Both of these documents are available at
http://www.fs.usda.gov/managing-land/forest-stewardship/program
.
"National Register of Historic Places" shall have the same meaning as defined for this term in the New Jersey Register of Historic Places rules at
N.J.A.C. 7:4-1.3
, Definitions.
"Native" means, with reference to a species of plant, animal, or other living organism, occurring naturally within a region, either evolving there or arriving and becoming established without human assistance.
"Natural Heritage Database" means the manual and computerized file maintained by the Department that includes continuously updated information on the location and status of rare species and ecological communities in New Jersey.
"New Jersey Register of Historic Places" shall have the same meaning as defined for this term in the New Jersey Register of Historic Places rules at
N.J.A.C. 7:4-1.3
, Definitions.
"Nonprofit" means an organization or corporation that has applied for and received a determination letter from the U.S. Department of the Treasury granting exemption from Federal income tax under
Section 501(c)(3) of the Federal Internal Revenue Code
.
"Objective" means a concise, time-specific statement of a measurable planned result that corresponds to one or more pre-established goals in achieving a desired future condition or outcome. In a woodland management plan or a forest stewardship plan, such a statement forms the basis for further planning to define the prescriptions and practices to be undertaken and the resources to be used.
"Overstory" means, with respect to a stand with forest of more than one story, that portion of the trees forming the upper or uppermost canopy layer.
"Owner" means the person or persons who own a property.
"Person" means any individual, government unit, nonprofit, corporation, partnership, organization, association, or other entity.
"Pinelands Area" shall have the same meaning as defined for this term in the Pinelands Comprehensive Management Plan at
N.J.A.C. 7:50-2.11
.
"Practice" or "management practice" means a specific activity, measure, course of action, or treatment carried out under a plan and directed to progressing toward one or more objectives set in the plan. For a woodland management plan or a forest stewardship plan, examples include, but are not limited to, site preparation, planting, pruning, or thinning.
"Prescription" means a planned series of management practices.
"Privately held" means, with respect to a property, owned by a person who is not a Federal or State entity or a local government unit.
"Property" means lands comprised of all contiguous lots that are owned by the same owner; or, if the same owner owns no other contiguous lot, a single lot.
"Public utility" shall have the same meaning as defined for this term in the Department of Public Utilities Act of 1948 at
N.J.S.A. 48:2-13
.a.
"Regeneration" means, with respect to a stand, the process of renewal of the stand and is indicated by seedlings or saplings present, whether established naturally or artificially.
"Riparian zone" shall have the same meaning as defined for this term in the Flood Hazard Area Control Act rules at
N.J.A.C. 7:13-1.2
.
"Site index" means a value indicating the capability for trees of a specific species (usually the dominant or co-dominant species) to grow at a given site. Site index is expressed in terms of the average height, in feet, to which trees of that species are expected to grow in 50 years, and is used as an indicator of the potential capacity or ability of the site to produce woody biomass.
"Site preparation" means hand or mechanized manipulation of a site, designed to enhance the success of regeneration, and may include bedding, burning, chemical spraying, chopping, disking, drainage, raking, and scarifying in order to modify the soil, litter, or vegetation and to create microclimate conditions conducive to the establishment and growth of desired species.
"Size class" means, with respect to trees within a forest or stand, a classification of the trees based on their size. Examples include seedling, sapling, pole, and sawtimber.
"Society of American Foresters Code of Ethics" means the Code of Ethics adopted by the Society of American Foresters, November 3, 2000, or successor code, as supplemented or amended. This code may be downloaded from the Society's website,
http://www.eforester.org/CodeofEthics.aspx
, or requested from the Society at the following address:
Society of American Foresters
5400 Grosvenor Lane
Bethesda, Maryland 20814
"Species composition" means, with respect to a stand or other area of land, the species that constitute the plant community within that stand or area. When used with respect to silviculture, this term means the proportion of each tree species expressed as a percentage of the total number, basal area, or volume of all tree species in the stand or area.
"Species of special concern" means:
1. A taxon listed by the Department as a species of concern pursuant to the Endangered Plant Species Program rules at
N.J.A.C. 7:5C-3.1
; or
2. A species listed in the Wildlife Action Plan, issued by the Department pursuant to the USFWS's Wildlife Conservation and Restoration Program, as a species of greatest conservation need.
"Stand" means, with respect to a forest stewardship plan, an area of land that is:
1. Continuous in its range or extent; and
2. Designated as a distinguishable unit for the purpose of forest management, based on a judgment that its trees are sufficiently uniform in age-class distribution, species composition, and/or structure and that the land is of sufficiently uniform quality.
"Stand table" means:
1. A table that, for a stand, lists the number of trees by species and diameter classes, per acre or other unit of area; or
2. A chart presenting the data in paragraph 1 above in the form of a frequency distribution.
"State entity" means a department, agency, or office of State government, including a State university or college, or an authority created by the State of New Jersey.
"State Forester" means the chief forester employed by the Department, or his or her designee.
"State-listed threatened or endangered species" means one of the following:
1. An animal species listed and assigned a status of threatened pursuant to the Endangered, Nongame, and Exotic Wildlife rules at
N.J.A.C. 7:25-4.17
;
2. An animal species or subspecies of wildlife listed as an endangered species pursuant to the Endangered and Nongame Species Conservation Act,
N.J.S.A. 23:2A-13
et seq.; or
3. A plant taxon listed as an endangered species pursuant to the Endangered Plant Species List Act,
N.J.S.A. 13:1B-15
.151 et seq.
"Stewardship goal" means, with respect to forest land, a goal intended to enable the land and its natural resources to be passed on to future generations in a healthy condition. This term shall include the goal of ensuring the sustainability of the forest land.
"Stock table" means a table that lists the proportions of total volume of wood content of the trees within a stand by diameter classes, and is generally expressed as units per acre or other unit of area, where the units are, for example, cubic foot volume, board foot volume, cords, or tons.
"Stocking level" means the growing-space occupancy of land by trees within a stand or within another specified area of land. This term is expressed quantitatively as an indication of density and can be given in absolute terms, such as number of trees, basal area or volume per unit of area, or relative to some standard condition, such as a percentage of full stocking.
"Structure" means, with respect to a stand, the horizontal and vertical distribution of the woody and herbaceous components of the stand including:
1. For the trees, the height, crown layers, stem diameter classes, and number of stems per acre;
2. Whether snags and/or downed woody debris are present, and if so their amount; and
3. The species composition and density of the shrubs and herbaceous understory.
"Sustainability" means, with respect to forest land, having the ability to:
1. Maintain its ecological processes, biodiversity, resource productivity, regeneration capacity, and vitality;
2. Promote forest health, preclude the spread of invasive non-native species, maintain forest integrity and contiguity, conserve New Jersey's native biodiversity, and protect Federally listed and State-listed threatened or endangered species and species of special concern, and the habitat that sustains them; and
3. Realize the potential to fulfill now and for future generations, relevant ecological, environmental, economic, and social functions, including, but not limited to, protection and improvement of air quality and of water supply and water quality, stabilization of soils, prevention and suppression of uncontrolled wildfires, service of markets for forest products, provision of recreational opportunities, and improvement of quality of life.
"Sustainable manner" means employing management practices for the use and care of forest land that promote sustainability of the forest land and do not cause damage to other components of the ecosystem, and avoiding acts and omissions that undermine sustainability.
"Transition area" shall have the same meaning as defined for this term in the Freshwater Wetlands Protection Act rules at
N.J.A.C. 7:7A-1.4
.
"Tree" means a woody perennial plant, typically large and with a well-defined stem or stems carrying a more or less definite crown, attaining at maturity a minimum diameter at breast height of five inches and a minimum height of 15 feet.
"Understory" means, with respect to a stand, all forest vegetation growing under an overstory, including the ground cover.
"USDA" means the United States Department of Agriculture.
"USFWS" means the United States Department of the Interior's Fish and Wildlife Service.
"Volume" means:
1. With respect to a single tree, an estimate of the wood content of the tree, generally expressed in cords or board feet; and
2. With respect to all the trees in a forest or stand, or all trees of one or more specified species within a forest or stand, the wood content of the trees, generally expressed in tons, cords, or board feet.
"Woodland data form" shall have the same meaning as defined for this term in the Department of the Treasury's Farmland Assessment Act rules at
N.J.A.C. 18:15
.
"Woodland management plan" means a plan prepared in accordance with the criteria set forth in the Department of the Treasury's Farmland Assessment Act rules at
N.J.A.C. 18:15-2.10
.