reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part VI - MINIMUM STANDARDS FOR MUNICIPAL RESERVE AREAS › Section 7:50-5.61 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
In order to enable counties and municipalities with jurisdiction over land in Rural Development Areas and Regional Growth Areas to plan for an orderly rate and pattern of growth within both areas, the Pinelands Commission hereby establishes a municipal option that may be incorporated in a municipal master plan or land use ordinance which allows a municipality to designate areas in a Rural Development Area or Regional Growth Area as Municipal Reserve Areas. These areas would be eligible for development under the minimum standards established for development and land use in Regional Growth Areas, including use of Pinelands Development Credits at a future date.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part VI - MINIMUM STANDARDS FOR MUNICIPAL RESERVE AREAS › Section 7:50-5.62 - Designation of Municipal Reserve Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality may, in its master plan and land use ordinance, designate lands in Rural Development Areas that are adjacent to or contiguous with a Regional Growth Area or areas of existing growth and development located outside of the Pinelands as Municipal Reserve Areas, provided that the area designated:
1. Does not contain significant amounts of:
i. Wetlands as defined in N.J.A.C. 7:50-6, Part I;
ii. Somewhat excessively and excessively drained soils as delineated in Plate 9;
iii. Active agricultural lands;
iv. Aquifer recharge areas as indicated by a depth of the unsaturated zone of 20-30 and 30-40 feet on Plate 4 and not underlain by a clay aquiclude;
v. Extreme fire hazard areas as delineated in Plate 11; and
vi. Flood-prone areas designated under the Federal Flood Insurance Program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part VI - MINIMUM STANDARDS FOR MUNICIPAL RESERVE AREAS › Section 7:50-5.63 - Development in Municipal Reserve Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipal master plan or land use ordinance that designates areas in a Rural Development Area as a Municipal Reserve Area shall include provisions ensuring that development of the reserve area at Regional Growth Area densities will occur only when all of the following conditions are met:
1. Adjacent developable land in the Regional Growth Area has been substantially developed in accordance with the land use and management programs provided in this Plan;
2. All essential public services are available and;
3. The amount of vacant developable land in all Regional Growth Areas in the municipality is insufficient to meet the growth needs of the county and the municipality projected for the next five years as determined or approved by the county in which the reserve area is located, as well as by the Pinelands Commission.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Coastal and inland wetlands constitute a vital element of the ecological character of the Pinelands. They are critical habitats for many threatened and endangered plant and animal species and play many other important roles including the maintenance of surface and ground water quality. This program is deemed to be the minimum standards necessary to protect the long-term integrity of wetlands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.2 - Wetlands management program

Current through Register Vol. 56, No. 14, July 15, 2024
In order to be certified under the provisions of N.J.A.C. 7:50-3, a municipal master plan or land use ordinance must provide for the protection of the integrity of wetlands. It is not necessary that the municipal program incorporate the literal terms of the program set out in this Part; rather a municipality may adopt alternative and additional techniques which will achieve equivalent protection of the wetlands defined in this Part, as would be achieved under the provisions of this Part.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.3 - Wetlands

Current through Register Vol. 56, No. 14, July 15, 2024
Wetlands are lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands--a Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January, 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of wetlands and wetlands soils contained in this section, 7:50-2.11, 6.4 and 6.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.4 - Coastal wetlands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Coastal wetlands are banks, low-lying marshes, swamps, meadows, flats, and other lowlands subject to tidal inundation which support or are capable of supporting one or more of the following plants:
1. Salt meadowgrass (Spartina patens);
2. Spike grass (Distichlis spicata);
3. Black grass (Juncus gerardi);
4. Saltmarsh grass (Spartina alterniflora);
5. Saltworts (Salicornia europaea and Salicornia bigelovii);
6. Sea lavender (Limonium carolinianum);
7. Saltmarsh bulrushes (Scirpus robustus and Scirpus paludosus var, atlanticus);
8. Sand spurrey (Spergularia marina);
9. Switch grass (Panicum virgatum);
10. Tall cordgrass (Spartina pectinata);
11. Hightide bush (Iva frutescens var, oraria);
12. Cattails (Typha angustifolia and Typha iatifolia);
13. Spike rush (Eleocharis rostellata);
14. Chairmaker's rush (Scirpus americanus);
15. Bent grass (Argostis palustris);
16. Sweet grass (Hierochloe odorata);
17. Wild rice (Zizania aquatica);
18. Olney's threesquare (Scirpus olneyi);
19. Marsh mallow (Hibiscus palustris);
20. Salt reed grass (Spartina cynosuroides);
21. Common reed grass (Phragmites communis);
22. Pickerel grass (Pontederia cordata);
23. Arrowheads (Sagittaria spp.);
24. Spatterdock (Nuphar variegatum);
25. Red maple (Acer rubrum); and
26. Atlantic white cedar (Chamaecyparis thyoides).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.5 - Inland wetlands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inland wetlands include, but are not limited to:
1. Atlantic white cedar swamps which are areas dominated by Atlantic white cedars (Chamaecyparis thyoides) and supporting one or more of the following hydrophytic plants:
i. Red maple (Acer rubrum);
ii. Sweetbay (Magnolia virginiana);
iii. Blackgum (Nyssa sylvatica);
iv. Dangleberry (Gaylussacia frondosa);
v. Highbush blueberry (Vaccinium corymbosum);
vi. Swamp azalea (Rhododendron viscosum);
vii. Fetterbush (Leucothoe racemosa);
viii. Sweet pepperbush (Clethra alnifolia);
ix. Inkberry (Ilex glabra);
x. Pitcher plant (Sarracenia purpurea);
xi. Sundew (Drosera spp.);
xii. Cinnamon fern (Osmunda cinnamomea);
xiii. Royal fern (Osmunda regalis); and
xiv. Sphagnum moss (Sphagnum spp.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.6 - Development prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
Development shall be prohibited in all wetlands and wetlands transition areas established pursuant to 7:50-6.14 in the Pinelands except as specifically authorized in this Part. Only activities permitted in wetlands pursuant to this Part shall be permitted in wetlands transition areas pursuant to 7:50-6.14.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.7 - Significant adverse impact

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components including, but not limited to, threatened or endangered species of plants or animals:
1. An increase in surface water runoff discharging into a wetland;
2. A change in the normal seasonal flow patterns in the wetland;
3. An alteration of the water table in the wetland;
4. An increase in erosion resulting in increased sedimentation in the wetland;
5. A change in the natural chemistry of the ground or surface water in the wetland;
6. A loss of wetland habitat;
7. A reduction in wetland habitat diversity;
8. A change in wetlands species composition; or
9. A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting, or feeding.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.8 - Agriculture and horticulture

Current through Register Vol. 56, No. 14, July 15, 2024
Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of Part V of this subchapter. Beekeeping shall be permitted in all wetlands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.9 - Forestry

Current through Register Vol. 56, No. 14, July 15, 2024
Forestry shall be permitted in all wetlands subject to the requirements of Part IV of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.10 - Wetlands management

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding the other standards of this subchapter, the establishment of a characteristic wetland, as defined in 7:50-6.4 and 6.5, on inactive farmland or the removal of exotic plant species or Phragmites from a wetland shall be permitted provided that:
1. The proposed activities, including any grading and herbicide use, are required to establish the wetland or to remove the exotic plant species or Phragmites;
2. Activities undertaken to establish a characteristic wetland or remove exotic plants or Phragmites from a wetland will not impair the long term integrity of the wetland;
3. The proposed activities will not result in an irreversible adverse impact on the long term survival of any local populations of those plant species designated pursuant to 7:50-6.27(a)  and 7:5C-5.1;
4. The proposed activities will not result in an irreversible adverse impact on the long term survival of any local populations of those animal species designated pursuant to 23:2A-1 et seq.;
5. All plant stock used in the project will be obtained from areas proximate to the site or, if that is not practical, from locally native naturally occurring sources;
6. The applicant analyzes and certifies that appropriate measures will be taken to assure that no adverse off-site impacts, including material changes in stream flows, shall occur; and
7. A monitoring protocol is prepared, submitted and implemented by the applicant to ensure that actual outcomes are appropriately documented and reported.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.11 - Low intensity uses

Current through Register Vol. 56, No. 14, July 15, 2024
Hunting, fishing, trapping, hiking, boating, and swimming shall be permitted in all wetlands provided that such uses do not involve any structure other than those authorized in 7:50-6.12. Other similar low intensity recreational uses shall be permitted provided that any associated development does not have a significant adverse impact, as set forth in 7:50-6.7, on the wetland in which the use is carried out.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.12 - Water-dependent recreational facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Docks, piers, moorings, and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact, as set forth in 7:50-6.7, and conforms to all State and Federal regulations.
(b) Commercial or public docks, piers, moorings, and boat launches shall be permitted provided that:
1. There is a demonstrated need for the facility that cannot be met by existing facilities;
2. The development conforms with all state and federal regulations; and
3. The development will not result in a significant adverse impact, as set forth in 7:50-6.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.13 - Linear improvements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities shall be permitted in wetlands provided that:
1. There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;
2. The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
3. The use represents a need which overrides the importance of protecting the wetland;
4. Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
5. The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part I - WETLANDS › Section 7:50-6.14 - Wetland transition areas

Current through Register Vol. 56, No. 14, July 15, 2024
No development, except for those uses which are specifically authorized in this subchapter, shall be carried out within 300 feet of any wetland, unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in 7:50-6.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part II - VEGETATION › Section 7:50-6.21 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Vegetation represents the most visible element of the essential character of the Pinelands and constitutes the fundamental structure of wildlife habitats, including the habitats of several species which are designated as threatened or endangered. The Pinelands landscape is comprised of a mosaic of plant associations which reflects the interaction of water, soil, topography, fire and human influence. The continued integrity of the Pinelands vegetation is essential to the preservation and maintenance of the essential character of the Pinelands. Therefore, vegetation clearing should be limited to authorized forestry activities, fire hazard mitigation, preparation of agricultural fields, and the minimum clearing necessary to permit construction of development or land use authorized by this Plan. In addition, landscaping materials employed in the Pinelands must be compatible with native vegetation in order to preserve the visual and ecological character of the Pinelands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part II - VEGETATION › Section 7:50-6.22 - Vegetation Management Program

Current through Register Vol. 56, No. 14, July 15, 2024
In order to be certified under the provisions of N.J.A.C. 7:50-3, a municipal master plan or land use ordinance must provide for the protection of the integrity of Pinelands vegetation. It is not necessary that a municipal program incorporate the literal terms of the program set out in this Part; rather, a municipality may adopt alternative and additional techniques which will achieve equivalent protection of Pinelands vegetation as would be achieved under the provisions of this Part.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part II - VEGETATION › Section 7:50-6.23 - Clearing and soil disturbance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All clearing and soil disturbance activities, whether or not an application for development is required pursuant to N.J.A.C. 7:50-4, shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this Plan.
(b) Where practical, all clearing and soil disturbance activities associated with an activity, use or structure other than agriculture, forestry and resource extraction, shall:
1. Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and
2. Revegetate or landscape areas temporarily cleared or disturbed during development activities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part II - VEGETATION › Section 7:50-6.24 - Revegetation and landscaping plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for forestry and resource extraction, each application for public development which requires Pinelands Commission approval pursuant to 7:50-4.51 through 4.58 shall reflect revegetation and landscaping measures to meet the standards of (c) below.
(b) Except for forestry and resource extraction, each application for major development and any other application where a municipality otherwise requires a landscaping plan shall contain a landscaping or revegetation plan in accordance with the standards of (c) below.
(c) In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, the following elements shall be incorporated into all revegetation or landscaping plans prepared pursuant to (a) and (b) above:
1. The limits of clearing shall be identified;
2. Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;
3. Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal non-residential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and
4. Shrubs and trees authorized by 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
i. When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by 7:50-6.25;
ii. For limited ornamental purposes around buildings and other structures; or
iii. When limited use of other shrubs or tree species is required for proper screening or buffering.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part II - VEGETATION › Section 7:50-6.25 - Native shrubs and trees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Native shrubs and trees include but are not necessarily limited to:
1. Pitch pine;
2. Short-leaf pine;
3. Black oak;
4. Southern red oak;
5. White oak;
6. Blackjack oak;
7. Scrub oak;
8. Post oak;
9. Chestnut oak;
10. Scarlet oak;
11. Black huckleberry;
12. Dangleberry;
13. Sheep laurel;
14. American holly;
15. Lowbush blueberry;
16. Mountain laurel;
17. Virginia pine;
18. Atlantic white cedar;
19. Red cedar;
20. Grey birch;
21. Sweetbay magnolia;
22. Sassafras;
23. Trident red maple;
24. Blackgum;
25. Red chokeberry;
26. Black chokeberry;
27. Shadbush;
28. Bayberry;
29. Sweetfern;
30. Inkberry;
31. Winterberry;
32. Sweet pepperbush;
33. Arrowwood;
34. Swamp azalea;
35. Sand myrtle;
36. Swamp leucothoe;
37. Staggerbush;
38. Teaberry;
39. Trailing arbutus;
40. Bearberry;
41. Dwarf huckleberry;
42. Highbush blueberry;
43. Black highbush blueberry;
44. Cranberry; and
45. Rhododendron maximum.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part II - VEGETATION › Section 7:50-6.26 - Landscaping and revegetation guidelines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Municipalities may wish to consider the following measures when formulating landscaping or revegetation requirements:
1. Requiring revegetation removal permits as a means to further ensure that unnecessary disturbance of existing vegetation is avoided and that proper revegetation is undertaken, when necessary. These permits can be required only when a construction permit or other municipal approval is required or can be independently required as a prerequisite to the removal of a specified amount of vegetation.
2. Requiring landscaping permits as a prerequisite to any substantial landscaping activities. These can be required only when a construction permit or other municipal approval is required or can be independently required even if no other municipal permit or approval is required.
3. Listing the types of other shrubs and trees which may be used when the conditions of 7:50-6.24(c)3  are met. These other shrubs and trees may be listed on the basis of their adaptation to droughty, nutrient poor conditions.
4. Identifying preferred types of grasses that are tolerant of droughty, nutrient poor conditions. Appropriate types include:
i. Fescue species;
ii. Smooth bromegrass;
iii. Reed canary grass;
iv. Little bluestem;
v. Deertongue;
vi. Red top; and
vii. Switch grass.
5. Establishing precise standards for lawn areas, such as:
i. Limiting their size to a certain percentage of the total area to be landscaped or a specified square footage; and
ii. Prohibiting small, isolated grass areas and lawn strips.
6. Requiring that planting beds covered with at least two inches of mulch.
7. Requiring additional shade trees to reduce evaporation rates.
8. Encouraging water conserving irrigation methods in one or more of the following ways:
i. Use of non-potable (for example, retained stormwater) water for irrigation purposes;
ii. Use of moisture sensing devices to regulate automatic irrigation systems;
iii. Use of manually operated irrigation systems;
iv. Use of drip irrigation systems; or
v. Discourage the use of permanently installed irrigation systems except when necessary to maintain heavily used recreation areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part III - FISH AND WILDLIFE › Section 7:50-6.31 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The Pinelands environment supports a rich diversity of fish and wildlife species. Many threatened and endangered species are found in the Pinelands and they, together with the other fauna of the area, constitute an important part of the essential ecological character of the Pinelands that requires careful management and protection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part III - FISH AND WILDLIFE › Section 7:50-6.32 - Fish and wildlife management program

Current through Register Vol. 56, No. 14, July 15, 2024
In order to be certified under the provisions of N.J.A.C. 7:50-3, a municipal master plan or land use ordinance must include the standard for the protection of Pinelands fish and wildlife contained in this Part.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part III - FISH AND WILDLIFE › Section 7:50-6.33 - Protection of threatened or endangered wildlife required

Current through Register Vol. 56, No. 14, July 15, 2024
No development shall be carried out unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to 23:2A-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part III - FISH AND WILDLIFE › Section 7:50-6.34 - Protection of wildlife habitat

Current through Register Vol. 56, No. 14, July 15, 2024
All development of other authorized activity shall be carried out in a manner which avoids disturbance of fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part III - FISH AND WILDLIFE › Section 7:50-6.35 through 7:50-6.40 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part IV - FORESTRY › Section 7:50-6.41 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Forest vegetation represents a unique and potentially financially valuable part of the essential character of the Pinelands. If they are properly managed, Pinelands forests represent significant economic opportunities to their owners while perpetuating the overall ecological value of the Pinelands. This Part encourages forestry for both economic and conservation purposes on public and private lands and also establishes standards for commercial forestry that seek to maximize forest land values and provide for the long-term economic and environmental integrity of the Pinelands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part IV - FORESTRY › Section 7:50-6.42 - Forestry management program

Current through Register Vol. 56, No. 14, July 15, 2024
In order to be certified under the provisions of N.J.A.C. 7:50-3, a municipal master plan and land use ordinance must provide for the protection of the integrity of Pinelands forests. It is not necessary that the municipal program incorporate the literal terms of the program set out in this Part; rather, a municipality may adopt alternative and additional techniques which will achieve equivalent protection of forestry resources as would be achieved under the provisions of this Part.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part IV - FORESTRY › Section 7:50-6.43 - Pinelands Native Forest Types

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this Part, the following constitute Pinelands Native Forest Types:
1. Upland Native Forest Types:
i. Oak-dominated Native Forest Type. This forest type is found throughout the Pinelands in areas where fires were naturally infrequent, such as broad uplands with loamy soil, mesic coastal sites, the Pinelands periphery, or in the lee of wetlands firebreaks. This forest type has the following characteristics:
(1) Tree-oak cover is 50 to 100 percent. Oak species can include various combinations of white oak, scarlet oak, black oak, chestnut oak, and post oak throughout the Pinelands, plus southern red oak, willow oak and swamp chestnut oak in peripheral or southern parts of the Pinelands, especially mesic sites;
(2) Pine cover (pitch pine, shortleaf pine and rarely Virginia pine) is typically under 50 percent and often under five percent;
(3) Hickory, mesophytic hardwoods (red maple, sweet gum, beech, tulip poplar, flowering dogwood) and holly can be present in small amounts in peripheral or southern parts of the Pinelands, especially mesic sites;
(4) Total canopy cover is typically between 75 and 100 percent, but less canopy cover can occur;
(5) Shrub oak cover (blackjack oak, scrub oak) is absent or under five percent; and
(6) Shrub cover is dominated by black huckleberry and lowbush blueberry, as well as dangleberry, mountain laurel, sweet pepperbush or inkberry in more mesic sites.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part IV - FORESTRY › Section 7:50-6.45 - Time limit on forestry permits and approvals

Current through Register Vol. 56, No. 14, July 15, 2024
Permits and approvals authorizing forestry operations shall be valid for a period of 10 years or, where applicable, for the remaining duration of any forestry plan approved for woodland assessment or for enrollment in the New Jersey Forest Stewardship Program. Nothing in this section shall be construed to prohibit any person from securing additional permits or approvals provided that the requirements of this Plan are met.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part IV - FORESTRY › Section 7:50-6.47 - Additional standards for State forestry practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the standards in 7:50-6.46, forestry activities undertaken by or on behalf of any State agency shall meet the following additional standards:
1. Individual forestry practices on State conservation lands shall seek to maintain biological diversity and landscape integrity characteristics of the Pinelands by:
i. Conserving existing Atlantic white cedar stands unless there is demonstrable evidence of destruction by fire, flooding or other natural disaster or where succession to a hardwood or other swamp is irreversible and impending; and
ii. Conserving exemplary forest stands, with emphasis on older and more mature stands, of the following types:
(1) Mixed hardwood swamp;
(2) Chestnut oak;
(3) Black oak;
(4) Scarlet oak;
(5) White oak;
(6) Pitch pine;
(7) Shortleaf pine;
(8) Virginia pine; and
(9) Southern red oak.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part IV - FORESTRY › Section 7:50-6.48 - Guidelines and requirements for financial sureties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Municipalities may require the posting of financial sureties for harvesting activities, provided that:
1. The surety shall be for the sole purpose of ensuring proper performance during the harvesting operation and shall not be intended to serve as a long-term maintenance guarantee;
2. The surety shall not exceed $ 500.00 or 10 percent of the stumpage value of the wood to be harvested during the duration of any approval which is granted, whichever is greater; and
3. The surety shall not be required to be posted for a period exceeding two years. Nothing in this section shall be construed to prohibit a municipality from requiring the posting of sureties for succeeding two year periods, provided the requirements of this section are met.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part V - AGRICULTURE › Section 7:50-6.51 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Agricultural activity is an important element of the Pinelands economy and plays a significant role in the conservation of the essential ecological character of the Pinelands. In particular, the dependency of berry agriculture on pristine water has contributed greatly to the ecological stability of the Pinelands. However, the long-term vitality of agricultural activity depends upon protection from competing land uses and continued use of agricultural practices that conserve the soil and water resources of the Pinelands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part V - AGRICULTURE › Section 7:50-6.52 - Agricultural management program

Current through Register Vol. 56, No. 14, July 15, 2024
In order to be certified under the provisions of N.J.A.C. 7:50-3, a municipal master plan and land use ordinance must contain a program to protect the integrity of agriculture in the Pinelands. It is not necessary that the municipal program incorporate the literal terms of this Part; rather, a municipality may adopt alternative and additional techniques which will achieve equivalent protection of agriculture as would be achieved under the provisions of this Part.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part V - AGRICULTURE › Section 7:50-6.53 - General agricultural standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers University.
(b) In Agricultural Production Areas and Special Agricultural Production Areas a Resource Conservation Plan shall be prepared by the operator of every agricultural use, or the appropriate Soil Conservation District, located in an area which has been designated by any agency of federal, state, or local government as having substandard surface or ground water. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The Resource Conservation Plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:
1. Erosion and runoff: Soil Conservation Service Technical Guide;
2. Animal waste: Soil Conservation Service Animal Waste Management Field Manual; and
3. Fertilizers and Pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part V - AGRICULTURE › Section 7:50-6.54 - Exemption from nuisance ordinances ("Right-to-Farm")

Current through Register Vol. 56, No. 14, July 15, 2024
As an element of its agricultural program each municipality shall exempt agricultural operations in any Agricultural Production or Special Agricultural Production Area from all municipal ordinances and regulations which inhibit efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part VI - RESOURCE EXTRACTION › Section 7:50-6.61 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Sand, gravel, clay, and ilmenite are important Pinelands resources that have been commercially utilized in the past. Such activity can provide a substantial economic benefit to landowners; however, it is critical that such activities do not conflict with other values of the Pinelands. This Part is intended to ensure that extraction activities do not adversely affect long-term ecological values in the Pinelands, and that abandoned extraction sites will be restored so that they will be a functional part of the Pinelands ecosystem.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part VI - RESOURCE EXTRACTION › Section 7:50-6.62 - Resource extraction management program

Current through Register Vol. 56, No. 14, July 15, 2024
In order to be certified under the provisions of N.J.A.C. 7:50-3, a municipal master plan and land use ordinance must contain a program to manage resource extraction operations. It is not necessary that the municipal program incorporate the literal terms of the program set out in this Part; rather, a municipality may adopt alternative and additional techniques which will achieve equivalent protection of the Pinelands as would be achieved under the provisions of this Part.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part VI - RESOURCE EXTRACTION › Section 7:50-6.63 - General limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as expressly authorized in this Plan, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited.
(b) Nothing in this Part shall be construed to authorize resource extraction activities without receiving permits pursuant to this Plan or from complying with the standards of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part VI - RESOURCE EXTRACTION › Section 7:50-6.65 - Specific limitations in the Preservation Area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No resource extraction operations shall be permitted in the Preservation Area District or Special Agricultural Production Areas other than those operations which were registered with the Pinelands Commission on or before January 21, 1981 and received all necessary development permits for resource extraction on or before December 31, 1985.
(b) In no case shall the area of extraction exceed the value given under the category "acreage to be mined" on the mine registration application submitted to the Department of Labor and Industry as of February 7, 1979, or that area approved by a valid municipal permit as of February 7, 1979 in the case of an operation exempted from registration with the Department of Labor and Industry.
(c) Resource extraction operations shall be considered nonconforming uses in the Preservation Area District and Special Agricultural Production Area and, as such, shall be subject to the requirements of 7:50-5.2(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part VI - RESOURCE EXTRACTION › Section 7:50-6.66 - Specific limitations in the Forest Area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No development permit or other approval for resource extraction in the Forest Area shall be approved or issued after December 5, 1994 except as expressly authorized in (b) and (c) below.
(b) An operation which received a valid development approval pursuant to the provisions of this Plan for resource extraction on or after January 14, 1981 but prior to December 5, 1994 may continue to operate, subject to the terms and conditions of the approval. Upon expiration of the approval, extraction operations may be authorized to continue within the limits of the parcel or parcels which were identified in the resource extraction application which was approved pursuant to this Plan.
(c) Any land for which a valid development approval pursuant to the provisions of this Plan for resource extraction was not issued between January 14, 1981 and December 31, 1992 may be authorized to undertake extraction operations only if a development permit was approved prior to December 5, 1994. In such cases, extraction operations may operate subject to the terms and conditions of the approval. Upon expiration of the approval, extraction operations may continue only within the areas mined and not restored as of the expiration date of the approval.
(d) Resource extraction operations shall be considered nonconforming uses in the Forest Area and, as such, shall be subject to the requirements of 7:50-5.2(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part VI - RESOURCE EXTRACTION › Section 7:50-6.67 - Specific limitations in the Agricultural Production Area

Current through Register Vol. 56, No. 14, July 15, 2024
No development permit or other approval for resource extraction in the Agricultural Production Area shall be approved or issued after November 2, 1987.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part VI - RESOURCE EXTRACTION › Section 7:50-6.68 - Resource extraction standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:
1. Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map, Figure 7.1;
2. Is designed so that no area of excavation, sedimentation pond, storage area, equipment, or machinery or other structure or facility is closer than 200 feet to any property line; unless it can be demonstrated that a distance between 100 and 200 feet will not result in greater off-site environmental impacts;
3. Is to be located on a parcel of land of at least 20 acres;
4. Provides that all topsoil that is necessary for restoration will be stored on the site but not within 200 feet of any property line unless the area proposed for storage is unforested and will be restored; and that the topsoil will be protected from wind and water erosion;
5. Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads;
6. Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways;
7. Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to ground water;
8. Will not involve excavation exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas;
9. Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that each of the 20 acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one 20 acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in (a)11 below;
10. Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of 7:50-6.69, and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guarantee of performance; and
11. Will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50 percent of the area to be mined, whichever is less, for surface excavation at any time.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part VII - WASTE MANAGEMENT › Section 7:50-6.71 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Federal and State efforts to manage the use of hazardous and toxic substances and the disposition of wastes are recognized but the water and other natural resources of the Pinelands are particularly vulnerable to impacts from these substances and wastes. It is the purpose of this Part to protect the Pinelands from degradation by supplementing Federal and State requirements relative to the use and management of these substances and wastes.