reglab/statecodes huggingface dataset:
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 7:4-8.8 - Standards for an alternatives analysis for buildings meeting National Register of Historic Places criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a proposed undertaking will have an adverse impact to a building(s), an alternatives analysis will be requested by the Department pursuant to the Coastal Zone Management Rules, N.J.A.C. 7:7, Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A, The New Jersey Register of Historic Places Rules, at N.J.A.C. 7:4-7.2, or the Highlands Water Protection and Planning Act Rules, N.J.A.C. 7:38, to analyze whether an alternative to the proposed undertaking is available, which would result in lesser impacts to buildings. Alternatives analyses submitted to the Department shall be sufficient to enable the identification and evaluation of all alternatives to a proposed project that will avoid or minimize the encroachment to the subject building(s) in the area of undertaking's potential impact. The standard for analyses sufficiency will be met when the analysis addresses the items listed below.
1. All alternatives analyses shall include an introduction to the project that provides:
i. Identification of the regulatory action triggering the need for an alternatives analysis;
ii. A project location map including the subject building(s), as well as any other known historic properties;
iii. Information about the subject building(s) that includes:
(1) A statement of the historical significance of the subject building(s);
(2) A physical description of the subject building(s) including character-defining features; and
(3) A depiction of the boundary of the historic property on which the subject building(s) is located;
iv. A description of the proposed project and potential impacts on the subject building(s); and
v. A statement of project need and/or objectives as follows:
(1) For private projects (privately owned projects with no public funding), when the use does not accommodate the resource type, explain why the building(s) could not be integrated into or within the plan; and
(2) For public project (public ownership or use, and/or public funding on either public or private property), list other locations or buildings that have been investigated to determine if they could accommodate the project need/objectives, and any other uses that have been investigated that can be accommodated by the subject building(s).
vi. A summary of redevelopment scenarios for the subject building(s), with notation of the preferred alternative; and
vii. A description of how the proposed undertaking meets the local master plan and zoning requirements and local development trends.
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 7:4-8.9 - Standards for electronic submissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Historic Preservation Office will accept information submitted electronically provided such digital information conforms to standards for electronic submissions set forth below and categorized as follows:
1. Maps and geographic data: All submissions shall include digital map data as follows:
i. For individual properties, polygon boundary in ArcView Shapefile format delineated and documented in conformance with N.J.A.C. 7:1D, Appendix A, coded with the following attributes: Property Name, County, Municipality, and Delineation Date, and delivered on CD-R.
ii. For historic districts, delineation shall include the historic district boundary and individual property boundaries for all properties within the historic district delivered as:
(1) Two separate datasets submitted in ArcView Shapefile format delineated and documented in conformance with N.J.A.C. 7:1D, Appendix A delivered on CD-R. The historic district shapefile shall be coded with the following attributes: District Name, County, Municipality, and Delineation Date; and
(2) The property shapefile shall be coded with the following attributes for each feature in the dataset: Property Name, District Name, District Status (Key-Contributing, Contributing, Non-Contributing, or Not Assessed/Unknown), and Delineation date.
iii. For report study areas, polygon boundary in ArcView Shapefile format delineated and documented in conformance with N.J.A.C. 7:1D, Appendix A, coded with the following attributes: Project Name, Agency, County, Municipality, and Delineation Date, and delivered on CD-R.
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 › Appendix 1

Current through Register Vol. 56, No. 14, July 15, 2024
APPENDIX 1
DOCUMENTARY AND INFORMANT SOURCES
For purposes of 7:4-8.4(c)1  i, this appendix sets forth documentary and informant sources to be consulted in the background research component of Phase I archaeological survey.
Informants include individuals with knowledge and/or information regarding the history and/or the prehistory of the area of the undertaking's potential impact, the types of archaeological resources previously identified or anticipated to exist, and the methods and tools appropriate to conduct all aspects of the investigation.
For most locations, a great deal of documentary information is accessible either without cost or for a nominal cost, including, for example, library collections of maps and other documents. Libraries and other repositories such as the New Jersey State Library and the Rutgers Library system possess vast amounts of information regarding New Jersey history.
All sources listed below will not be equally relevant to every archaeological survey. However, basic sources of information are critical to scoping and implementing a valid field testing program, and background research to focus survey efforts is frequently a cost saving measure. Therefore, sources which provide specific information about locations under investigation should be consulted in the background research phase of the investigation, and the information that they provide should be reflected in the field testing strategy and incorporated into the archaeological survey report. Sources include:
I. General sources available for research within the area of the undertaking's potential impact including:
(A) Files and maps at the Historic Preservation Office (HPO) including prior cultural resource and archaeological survey reports, architectural survey reports, and New Jersey and National Register-listed property files;
(B) New Jersey State Museum archaeological site records;
(C) New Jersey Pinelands Commission historic and archaeological site records;
(D) The holdings of the New Jersey State Library including early 20th century Statewide historic and archaeological surveys, detailed historic period maps, and state and county histories;
(E) Individuals knowledgeable about local history and/or prehistory;
(F) Researchers in other relevant fields who have worked in the project locality (including geologists, geographers, folklorists);
(G) University, regional, and local libraries;
(H) County and local historical societies, County Cultural and Heritage Commissions, Certified Local Governments, and municipal Historic Preservation Commissions;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 1 - GENERAL INFORMATION › Section 7:5-1.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter constitutes the rules of the Division of Fish
				  and Wildlife in the Department of Environmental Protection for the Conserve
				  Wildlife Matching Grant Program for nonprofit organizations in accordance with
				  39:3-33.1 1 et seq. The Conserve
				  Wildlife Matching Grant Program shall be administered through the Endangered
				  and Nongame Species Program within the Division of Fish and Wildlife.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 1 - GENERAL INFORMATION › Section 7:5-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to allow the
				  Department to fully effectuate the purposes of the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 1 - GENERAL INFORMATION › Section 7:5-1.3 - 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.
"Act" means P.L. 1993, c.119 as amended by P.L. 1995, c.241,
				  39:3-33.1 1 et seq.
"Applicant" means the nonprofit organization that submits an
				  application for a matching grant in accordance with this chapter.
"Commissioner" means the Commissioner of the Department of
				  Environmental Protection.
"Department" means the Department of Environmental
				  Protection.
"Division" means the Division of Fish and Wildlife in the
				  Department.
"ENSP" means the Endangered and Nongame Species Program in
				  the Division.
"Grant" means a grant awarded pursuant to the Act and this
				  chapter.
"Grant agreement" means a document executed by the Department
				  and the grant recipient that provides grant assistance in an amount and for a
				  project approved by the ENSP.
"Grantee" means an applicant that has received a grant
				  pursuant to P.L. 1995, c.241 and this chapter and that has fully executed a
				  grant agreement document.
"In-kind support" means salary, fringe benefits and materials
				  used only for the purpose of carrying out an approved project.
"Nongame wildlife" means any wildlife for which a legal
				  hunting or trapping season has not been established by the New Jersey Fish and
				  Game Council.
"Nonprofit organization" means an organization with an
				  Internal Revenue Service 501(c)(3) or 501(c)(4) exemption.
"Program" means the Conserve Wildlife Matching Grant Program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 1 - GENERAL INFORMATION › Section 7:5-1.4 - 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 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 2 - ELIGIBILITY FOR CONSERVE WILDLIFE MATCHING GRANTS › Section 7:5-2.1 - Eligible applicants

Current through Register Vol. 56, No. 14, July 15, 2024
Any nonprofit organization as defined at
				  7:5-1.3 shall be eligible to submit
				  an application for Conserve Wildlife matching grants.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 2 - ELIGIBILITY FOR CONSERVE WILDLIFE MATCHING GRANTS › Section 7:5-2.2 - Eligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Projects eligible to qualify for a grant
				through the Conserve Wildlife Matching Grants Program shall benefit New
				Jersey's nongame wildlife through education, outreach, research, conservation,
				species protection or habitat management or a combination of these. Eligible
				projects may include, but are not limited to, the following:
1. Education/outreach projects, such as
				classroom wildlife programs, interpretive signage or public outreach
				programs;
2. Research projects,
				such as animal surveys or censuses, habitat monitoring or public attitude
				surveys;
3. Management projects,
				such as habitat development, improvement or restoration; or
4. Habitat protection projects, such as
				establishing and maintaining urban wildlife corridors or wardening sensitive
				wildlife breeding areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 3 - ALLOCATION OF CONSERVE WILDLIFE MATCHING GRANT FUNDING › Section 7:5-3.1 - Funding availability

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall express its intent to fund a project
				  through a letter of award to the applicant. Funding is guaranteed only after a
				  project agreement has been executed by the Department and funds are
				  subsequently obligated by the Department to the nonprofit organization for a
				  particular project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 3 - ALLOCATION OF CONSERVE WILDLIFE MATCHING GRANT FUNDING › Section 7:5-3.2 - Ranking of grant applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Conserve
				Wildlife matching grant funds shall, for the purpose of determining priority
				for funding, be ranked on the basis of the degree to which the proposed
				project:
1. Has the broad support of local or
				county agencies, civic groups, etc. Letters of endorsement may be submitted to
				ENSP as evidence of such support;
2. Is responsive to regional as well as local
				needs;
3. Conforms to project
				criteria;
4. Shall raise awareness
				of the public's responsibility to actively conserve wildlife; and
5. Demonstrates a strong likelihood of
				tangible results.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 3 - ALLOCATION OF CONSERVE WILDLIFE MATCHING GRANT FUNDING › Section 7:5-3.3 - Grant amount

Current through Register Vol. 56, No. 14, July 15, 2024
The minimum grant amount provided by the ENSP shall be $
				  2,500; the maximum grant amount shall be $ 10,000.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 3 - ALLOCATION OF CONSERVE WILDLIFE MATCHING GRANT FUNDING › Section 7:5-3.4 - Grant payment

Current through Register Vol. 56, No. 14, July 15, 2024
The entire grant amount shall be released to the grantee in
				  one sum following receipt and acceptance by ENSP of all agreed upon work
				  product of a project, and upon compliance with all terms of the grant agreement
				  required under
				  7:5-4.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 3 - ALLOCATION OF CONSERVE WILDLIFE MATCHING GRANT FUNDING › Section 7:5-3.5 - Matching fund

Current through Register Vol. 56, No. 14, July 15, 2024
The grantee's share of project funding shall equal at least
				  50 percent of the grant amount, and shall be in in-kind support, cash match, or
				  any combination of in-kind support and cash match. The availability of the
				  grantee's matching funds shall be certified by a resolution adopted by the
				  nonprofit organization as required pursuant to
				  N.J.A.C.
				  7:5-4.2(b)1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 4 - APPLICATION AND GRANT AGREEMENT PROCEDURES › Section 7:5-4.1 - Announcement of grant funding availability

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Notice of funding availability and the opening and closing dates for submission
				of Conserve Wildlife Matching Grant Program applications shall be published by
				the Department in the New Jersey Register as required by and in accordance with
				52:14-34.4.
(b) A notice shall also be posted on the
				Department's website and sent to email addresses through the Division's
				listserv for Endangered Species. A person may subscribe to the Division's
				Endangered Species listserv at
http://www.njfishandwildlife.org/lstsub.htm
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 4 - APPLICATION AND GRANT AGREEMENT PROCEDURES › Section 7:5-4.2 - Application and review sequence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nonprofit
				organizations shall find instructions on how to apply for grant funds on the
				Division's website at njfishandwildlife.com.
(b) A completed application shall be
				submitted to the ENSP as directed in the application instructions and shall
				include:
1. A resolution adopted by the
				governing body of the nonprofit organization authorizing the organization to
				enter into the grant agreement and certifying that the matching funds and
				in-kind support will be provided for the project if the Department approves and
				funds the project;
2. An IRS letter
				of determination describing the organization's nonprofit status;
3. A completed grant applicant data form;
				and
4. A detailed scope of work and
				a budget.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5 - CONSERVE WILDLIFE MATCHING GRANTS PROGRAM › Subchapter 4 - APPLICATION AND GRANT AGREEMENT PROCEDURES › Section 7:5-4.3 - Development and execution of grant agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				ENSP approves the application submitted pursuant to
				N.J.A.C.
				7:5-4.2, the grant amount shall be determined
				by the ENSP consistent with
				N.J.A.C.
				7:5-3.3 and in accordance with an executed
				grant agreement between the Department and the applicant. The grant agreement
				shall specify, among other things, the following:
1. The amount of the grant;
2. The project scope;
3. The work period, not to exceed two
				years;
4. The itemized budget;
				and
5. The work product to be
				submitted to the ENSP.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				constitutes the rules and regulations of the Department of Environmental
				Protection concerning the identification, classification, and management of
				natural areas and administration of the Natural Areas System pursuant to
				13:1B-15.4 et seq. and
				13:1B-15.12a et seq.
(b) This
				subchapter shall be deemed to be supplemental to existing Departmental rules
				and not in derogation thereof.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to provide detailed
				  procedures, standards, and criteria for the administration and public use of
				  natural areas and the Natural Areas System in order to protect and preserve the
				  natural and ecological resources thereon for present and future generations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.4 - Register of Natural Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Register of
				Natural Areas, hereinafter "Register", is a list of sites which serves as:
1. The official recognition of the site's
				important natural features which are worthy of preservation by the property
				owner; and
2. The list of sites
				from which to draw new areas for designation to the System.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.5 - Natural Areas Council

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Natural
				Areas Council shall advise the Commissioner in matters relating to the
				administration of the Natural Areas Act (13:1B-15.4 et seq.) and the
				Natural Areas System Act (13:1B-15.1 2a et
				seq.). The specific functions of the Council include, but are not limited to,
				the following:
1. Recommending sites to be
				studied by the Department for possible listing on the Register;
2. Evaluating studies conducted by the
				Department and providing a recommendation to the Commissioner for listing on
				the Register;
3. Evaluating those
				lands owned in fee or easement by the State that are listed on the Register,
				and recommending to the Commissioner their inclusion within the
				System;
4. Evaluating management
				plans prepared by the Department and recommending to the Commissioner
				revisions, or approval, or both;
5.
				Evaluating rules developed by the Department for implementation of the acts;
				and
6. Recommending for acquisition
				specific lands or interests in lands that are suitable for designation to the
				Natural Areas System.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.6 - Natural Areas designation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To qualify for
				designation to the System, a site must be:
1.
				Listed on the Register; and
2.
				Wholly or partially owned in fee or held as a conservation easement by the
				State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.7 - Classification of natural areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Interim
				classification of natural areas shall be related to the management objective of
				the area.
(b) Upon designation to
				the System, each natural area shall be categorized into one of the following
				interim classifications:
1. Ecological
				reserve: an area managed to allow natural processes to proceed with little or
				no habitat manipulation; or
2.
				Conservation preserve: an area where habitat manipulation is permissible in
				order to preserve a plant or animal species, community type, or
				ecosystem.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.8 - Natural area management plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Management and
				uses of natural areas shall be subject to:
1.
				Interim management practices conducted by the administering agency as provided
				in 7:5A-1.9;
2. Management practices requiring approval by
				the Commissioner as provided in
				7:5A-1.9; or
3. A management plan approved by the
				Commissioner specifying uses, activities, or management.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.9 - Interim management practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Interim
				management practices shall be implemented by the administering agency, provided
				that:
1. The practice will have no direct or
				indirect adverse impact on natural features of concern and will further the
				management objective of the natural area;
2. Approval of the Commissioner is not
				required by provision elsewhere in this subchapter; and
3. The practice is consistent with terms of
				any conservation easement held by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.10 - Procedures for conducting research and collecting specimens

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance
				with this section, research or collection within a natural area may be
				conducted by individuals, groups, or governmental agencies, who, in the opinion
				of the administering agency, are qualified to conduct such activities and
				which, in the opinion of the administering agency, will not have a detrimental
				effect on the natural features of the area.
(b) A written proposal for research or
				collection activities within a natural area shall be submitted to the
				administering agency. The submission shall contain:
1. The name, address, email address,
				telephone number and emergency contact information, position, and professional
				qualifications of the applicant;
2.
				The purpose and theme of the research or collecting and benefits to be derived
				therefrom;
3. The specific methods
				and procedures for carrying out the activity;
4. The location of the research
				sites;
5. The duration of the
				project, the frequency of visitation, and the method of access;
6. The name(s) and number of participants
				involved, as well as the email address, telephone number and emergency contact
				information for each participant; and
7. Any anticipated direct and indirect
				impacts on the natural area that may result from implementation of the
				project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.11 - Enforcement of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Remedies for
				the violation of the provisions of this chapter applicable to those State-owned
				or leased lands, waters and facilities administered by the Department, other
				than wildlife management areas or reservoir lands, shall be as provided at
				13:1L-23.
(b) Penalties for the violation of the
				provisions of this chapter applicable to State-owned or leased lands under the
				control of the Division of Fish and Wildlife shall be as provided at
				23:7-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.12 - Boundaries of natural areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall maintain, and make available to the administering agency and members of
				the public, general location maps of each natural area in the System.
(b) All boundaries of natural areas shall
				conform with physical features identifiable in the field or the edge of State
				ownership of the natural area.
(c)
				Persons wishing to obtain a list of current boundaries of designated natural
				areas may contact the Office of Natural Lands Management as provided at
				7:5A-1.14.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.13 - Natural Areas System

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated
				components of the Natural Areas System are as follows:
1. Absegami Natural Area:
i. Location: Bass River State Forest, Bass
				River Township, Burlington County;
ii. Management Objective: preservation of
				Atlantic white cedar and pine/oak communities, southern swamp habitat, and rare
				species habitat;
iii. Interim
				Classification: conservation preserve;
iv. Administering Agency: Division of Parks
				and Forestry, through Bass River State Forest;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5A - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Subchapter 1 - NATURAL AREAS AND THE NATURAL AREAS SYSTEM › Section 7:5A-1.14 - Public Information

Current through Register Vol. 56, No. 14, July 15, 2024
Interested persons may obtain information on the Natural
				  Area System or inspect general location maps of natural areas by
				  contacting:
Office of Natural Lands Management
Division of Parks and Forestry
Department of Environmental Protection
PO Box 404
Trenton, New Jersey 08625-0404
(609) 984-1339
NatLands@dep.state.nj.us
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5C - ENDANGERED PLANT SPECIES PROGRAM › Subchapter 1 - GENERAL INFORMATION › Section 7:5C-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter constitutes the rules of the Department of
				  Environmental Protection concerning the development and adoption of a State
				  endangered plant species list, as authorized by P.L. 1989, c.56 (13:1B-15.1 51 through
				  13:1B-15.158), and contains the official Endangered Plant Species List. The
				  purpose of this chapter is to provide detailed procedures, standards, and
				  criteria for developing and adopting a list of endangered plant species native
				  to the State, in order to eliminate the confusion resulting from various
				  existing inconsistent unofficial lists and to efficiently incorporate the
				  preservation of the State's natural diversity into government planning
				  operations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5C - ENDANGERED PLANT SPECIES PROGRAM › Subchapter 1 - GENERAL INFORMATION › Section 7:5C-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to permit the
				  Department to effectuate the purposes of P.L. 1989, c.56 (13:1B-15.1 51 through
				  13:1B-15.158).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5C - ENDANGERED PLANT SPECIES PROGRAM › Subchapter 1 - GENERAL INFORMATION › Section 7:5C-1.3 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, provision, clause or
				  portion of the chapter, or the application thereof to any person, is adjudged
				  unconstitutional or invalid by a court of competent jurisdiction, such judgment
				  shall be confined in its operation to the subchapter, section, subsection,
				  provision, clause, portion, or application directly involved in the controversy
				  in which such judgment shall have been rendered and it shall not affect or
				  impair the remainder of this chapter or the application thereof to other
				  persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5C - ENDANGERED PLANT SPECIES PROGRAM › Subchapter 1 - GENERAL INFORMATION › Section 7:5C-1.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and phrases, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"APA" means the Administrative Procedure Act,
				  52:14B-1 et seq.
"Commissioner" means the Commissioner of the Department of
				  Environmental Protection, or his or her designee.
"Department" means the Department of Environmental
				  Protection.
"Division" means the Division of Parks and Forestry in the
				  Department of Environmental Protection.
"Endangered Plant Species List" means the official State list
				  of native endangered plant species promulgated by the Department pursuant to
				  P.L. 1989, c.56 (13:1B-15.1 51 through
				  13:1B-15.158) and the rules in this chapter.
"Endangered species" means any native plant species whose
				  survival in the State or the nation is in jeopardy, including, but not limited
				  to: plant species designated as listed, proposed, or under review by the
				  Federal government as endangered or threatened throughout its range in the
				  United States pursuant to the "Endangered Species Act of 1973," P.L. 93-205 (
				  16
				  U.S.C. section 1533 et seq.), as amended; any
				  additional species known or believed to be rare throughout its worldwide range;
				  and any species having five or fewer extant populations within the
				  State.
"Extant populations" means those populations documented in
				  the Natural Heritage Database to exist at a particular location.
"Native" means growing or living naturally in New Jersey
				  without having been brought to or planted in New Jersey by any person.
"Natural Heritage Database" means the manual and computerized
				  file maintained within the Division of Parks and Forestry which includes
				  continually updated information on the location and status of native plant
				  species of the State, as authorized by
				  13:1B-15.1 46 through
				  13:1B-15.150.
"Plant" means any member of the Plant Kingdom, including all
				  roots, stems, leaves, flowers, fruits, seeds, spores, gametophytes, and other
				  parts thereof.
"Plant Kingdom" means those organisms contained in the phylum
				  Bryophyta and phylum Tracheophyta.
"Population" means a group of individuals of the same species
				  which occupy a specific geographic location.
"Rare" means extremely uncommon making it vulnerable to
				  extinction throughout its range.
"Species" means any species, subspecies, or variety of
				  plant.
"Under review by the Federal government as endangered or
				  threatened" means plant species listed as candidate species in the most recent
				  Notice of Review published in the Federal Register by the United States Fish
				  and Wildlife Service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5C - ENDANGERED PLANT SPECIES PROGRAM › Subchapter 2 - DEVELOPMENT AND ADOPTION OF ENDANGERED PLANT SPECIES LIST › Section 7:5C-2.1 - Development and adoption of Endangered Plant Species List

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner will direct research and investigations related to historical
				records, populations, distributions, critical habitat needs, limiting factors,
				and other biological and ecological data that will aid in determining the
				eligibility of native plant species for inclusion on the Endangered Plant
				Species List. The Department will incorporate the results of research and
				investigations conducted under this section into the Division's Natural
				Heritage Database.
(b) On the basis
				of research and investigations described at (a) above and information contained
				in the Natural Heritage Database, the Department will propose and adopt,
				pursuant to the APA, designation to the Endangered Plant Species List of those
				native plant species meeting the criteria at
				7:5C-2.2, giving the common and
				scientific name for each listed species.
(c) The Department will, on the basis of new
				or updated information in the Natural Heritage Database, review the Endangered
				Plant Species List at least annually to determine if additions or deletions to
				the list are needed based on the criteria at
				7:5C-2.2. If the Department
				determines on the basis of its review that a listed plant species is no longer
				endangered, or that a plant species qualifies for listing as endangered, the
				Department may propose and adopt, pursuant to the APA, revision of the
				Endangered Plant Species List. The Department will not propose the removal from
				the Endangered Plant Species List of any native plant species designated as
				listed, proposed, or under review by the Federal government as endangered or
				threatened.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5C - ENDANGERED PLANT SPECIES PROGRAM › Subchapter 2 - DEVELOPMENT AND ADOPTION OF ENDANGERED PLANT SPECIES LIST › Section 7:5C-2.2 - Criteria for designating plant species as endangered

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will designate a plant species as endangered if it is a native plant species
				and it satisfies one or more of the following criteria:
1. The Department makes a determination that
				its survival in the State or nation is in jeopardy based on the best available
				scientific information, including, but not limited to:
i. The number of apparently secure
				populations in the State as compared to the number of populations vulnerable to
				decimation by natural or man-made factors;
ii. The total number of individuals or number
				of individuals per population of the species in the State; or
iii. The inherent ability of the species or
				population to perpetuate itself in the State;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5C - ENDANGERED PLANT SPECIES PROGRAM › Subchapter 3 - PLANT SPECIES OF CONCERN › Section 7:5C-3.1 - Plant species of concern

Current through Register Vol. 56, No. 14, July 15, 2024
The Department will maintain a list of plant species of
				  concern for the purpose of monitoring the status of the State's flora and to
				  serve as a working list for transition of species to and from the Endangered
				  Plant Species List. The list of plant species of concern will be composed of
				  those species not listed as endangered at
				  7:5C-5.1 and whose populations are
				  monitored by the Natural Heritage Database.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5C - ENDANGERED PLANT SPECIES PROGRAM › Subchapter 4 - PUBLIC PARTICIPATION › Section 7:5C-4.1 - Public participation

Current through Register Vol. 56, No. 14, July 15, 2024
Persons with information that will help the Department in
				  determining whether a plant species qualifies under the criteria at
				  7:5C-2.2 as endangered may submit
				  specific information to the Division at the following address detailing how the
				  species may qualify as endangered pursuant to
				  7:5C-2.2:
Office of Natural Lands Management
Division of Parks and Forestry
Mail Code 501-04
P.O. Box 420
5 Station Plaza
501 East State Street
Trenton, New Jersey 08625-0420
e-mail:
NatLands@dep.state.nj.us
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 1 - GENERAL PROVISIONS › Section 7:5D-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter constitutes the rules of the Department
				  concerning the implementation of the New Jersey Trails System Act,
				  13:8-30 et seq. This chapter
				  establishes standards, procedures and practices for designating and maintaining
				  trails as part of the State Trails System, in order to provide for the
				  ever-increasing outdoor recreation needs of an expanding population and to
				  promote public access to, travel within, and enjoyment and appreciation of the
				  outdoor, natural and remote areas of the State. Designation of trails to the
				  System is intended to help preserve the natural, recreational, ecological,
				  geological, historic and cultural qualities of trails and the areas through
				  which they pass; to increase open space and recreational opportunities; and to
				  enhance the quality of life in New Jersey for all State residents and visitors.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 1 - GENERAL PROVISIONS › Section 7:5D-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to permit the
				  Department to effectuate the purposes of the New Jersey Trails System Act,
				  13:8-30 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 1 - GENERAL PROVISIONS › Section 7:5D-1.3 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, provision, clause or
				  portion of this chapter, or the application thereof to any person, is adjudged
				  unconstitutional or invalid by a court of competent jurisdiction, such judgment
				  shall be confined in its operation to the subchapter, section, subsection,
				  provision, clause, portion or application directly involved in the controversy
				  in which such judgment is rendered and shall not affect or impair the validity
				  of the remainder of this chapter or the application thereof to other persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 2 - NEW JERSEY TRAILS COUNCIL › Section 7:5D-2.1 - New Jersey Trails Council

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey
				Trails Council shall advise the Department on the designation of trails to the
				State Trails System and the management of the State Trails System.
(b) The Council shall consist of
				representatives from trail user groups, outdoor recreation and conservation
				organizations, and State governmental agencies. Members of the Council
				representing trail user groups and outdoor recreation and conservation
				organizations shall be appointed by the Commissioner and shall serve for a
				period of three years from the date of appointment and until their successors
				are duly appointed. Members of the Council representing State governmental
				agencies shall serve as ex-officio members, and shall be appointed by the
				Commissioner of their respective departments.
(c) The Council shall:
1. Provide a forum for the public to discuss
				issues related to the designation and management of the State Trails System or
				the contents of the Trails Plan;
2.
				Advise the Department on the establishment, development, and maintenance of
				scenic, recreation and connecting trails on lands owned by the
				Department;
3. Advise the
				Department on the trail development potential of proposed State
				acquisitions;
4. Review proposals
				for trail designation submitted by Federal or State agencies, local units,
				private organizations or persons and advise the Department on such
				proposals;
5. Periodically evaluate
				the Trails Plan and advise the Department on additions, deletions, and
				modifications;
6. Review trail
				proposals and funding allocations consistent with any Federal requirements for
				trail acquisition and management, and advise the Department on the results of
				its review; and
7. Encourage the
				development of trails throughout the State and provide information to the State
				and the public on trails issues of Statewide interest.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 3 - LAND ACQUISITION FOR TRAILS › Section 7:5D-3.1 - Land acquisition for trails

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department,
				with the advice of the Council, may acquire interest in land for trails
				purposes in fee simple, or by conservation restriction or scenic easement,
				through purchase, donation or exchange.
(b) The Department shall review for trails
				acquisition potential all formal declarations of railroad right-of-way
				abandonments by the Interstate Commerce Commission or other Federal agencies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 4 - CLASSES OF TRAILS › Section 7:5D-4.1 - Classes of trails

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State
				Trails System is composed of the following classes of trails:
1. Scenic trails;
2. Recreation trails; and
3. Connecting trails.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 4 - CLASSES OF TRAILS › Section 7:5D-4.2 - Scenic trails

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Scenic trails
				are designated to the State Trails System to provide the public with the
				opportunity for the appreciation of natural and cultural areas, and to
				facilitate the conservation and enjoyment of significant scenic, historic,
				natural, ecological, geological or cultural areas through which such trails
				pass.
(b) Scenic trails shall be
				designated for a single nonmotorized trail use. The Department shall specify
				the uses of scenic trails upon their designation to the State Trails System.
				The Department may allow segments of scenic trails to be used for additional
				nonmotorized uses such as hiking, horseback riding, bicycling, cross-country
				skiing and/or snowshoeing, as appropriate.
(c) Scenic trails must be five miles or
				longer in length, but a scenic trail may consist of segments or components of a
				group of trails totalling five miles or more.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 4 - CLASSES OF TRAILS › Section 7:5D-4.3 - Recreation trails

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Recreation
				trails are designated to the State Trails System to provide the public with the
				opportunity for a variety of outdoor recreational uses.
(b) The Department shall specify the uses of
				recreational trails upon their designation to the State Trails System. Such
				uses may include hiking, canoeing, kayaking, horseback riding, carriage
				driving, bicycling, cross-country skiing, snowshoeing, orienteering, rock
				climbing, in-line skating, dog-sledding, snowmobiling, motorcycling, use of
				off-road vehicles (ORVs) or cultural, educational or historical
				touring.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 4 - CLASSES OF TRAILS › Section 7:5D-4.4 - Connecting trails

Current through Register Vol. 56, No. 14, July 15, 2024
Connecting trails are designated to the State Trails System
				  to provide additional points of public access to scenic or recreation trails or
				  to provide connections between such trails, including connections between
				  points of interest on such trails.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 5 - DESIGNATION OF TRAILS TO THE STATE TRAILS SYSTEM › Section 7:5D-5.1 - Qualifications for designation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To qualify for
				designation to the State Trails System, a trail must satisfy one of the
				following qualifications:
1. The trail
				right-of-way is owned through fee simple title or held under a conservation
				restriction or scenic easement by the State and administered by the
				Department;
2. The trail
				right-of-way is owned through fee simple title or held under a conservation
				restriction or scenic easement by a local unit or a charitable conservancy, and
				access to and use of the trail right-of-way is guaranteed through a legal
				instrument dedicating the trail right-of-way for trail purposes duly filed with
				the appropriate county clerk; or
3.
				The trail right-of-way is owned by the Federal government or State agency other
				than the Department and there is a written cooperative agreement between the
				owner agency and the Department designating land or water areas for trail
				purposes.