reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 26 - STANDARDS AND PROCEDURES FOR COMMISSIONER AND STATE HOUSE COMMISSION APPROVAL OF THE DISPOSAL OR DIVERSION OF FUNDED OR UNFUNDED PARKLAND › Section 7:36-26.10 - Major disposals or diversions of parkland; compensation for parkland proposed to be disposed of or diverted

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant shall provide compensation for a major disposal or diversion of funded or unfunded parkland. All such compensation shall meet the minimum requirements of this section. However, in its discretion, the applicant may propose compensation that exceeds the minimum requirements of this section.
(b) In requiring compensation for major disposals or diversions of parkland, the Department's primary objectives are to prevent a net loss of parkland (including, but not limited to, the quantity, quality and accessibility of parkland), to discourage the use of parkland for other than recreation and conservation purposes, particularly when a feasible and reasonable alternative site is available, and to ensure that the public is adequately compensated for the market value of the parkland to be disposed or diverted.
(c) In order to achieve the objectives of (b) above, an applicant seeking approval of a major disposal or diversion of parkland that will either fulfill a compelling public need or yield a significant public benefit, as defined at 7:36-26.1(d)1, shall, pursuant to 7:36-26.9(d)5, propose to compensate for the disposal or diversion by offering replacement land, monetary compensation or other compensation, as follows:
1. For a disposal or diversion of parkland that consists of the granting of an easement over, under or through parkland, or for a disposal or diversion that involves the fee simple conveyance of parkland, an applicant may propose as compensation:
i. Replacement land, provided that the applicable requirements at (d) below are met;
ii. Monetary compensation, provided that the applicable requirements at (e) below are met; or
iii. A combination of replacement land and monetary compensation, provided that the applicable requirements at both (d) and (e) below are met;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:38-1.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is authorized by the Highlands Water Protection and Planning Act, 13:20-1 et seq. (Highlands Act), and statutory authorities referenced therein and establishes the environmental standards and procedures by which the Department shall review any application pursuant to the Highlands Act, for major Highlands development proposed in the preservation area of the Highlands Region, for a waiver from any requirement for a Highlands Preservation Area Approval, any resource or applicability determination or exemption from the Act, and any permit or plan reviewed by the Department in the Highlands Region. In addition, the Department anticipates that the Highlands Regional Master Plan (RMP) adopted pursuant to 13:20-8 by the Highlands Water Protection and Planning Council (Highlands Council), established pursuant to 13:20-4, will include a land use capability map and a comprehensive statement of policies for planning and managing the development and use of land in the preservation area. For the preservation area, the land use capability map and policies shall be based upon, comply with, and implement the environmental standards in this chapter and the resource assessment prepared pursuant to 13:20-11. The Department anticipates that the Regional Master Plan will address the components necessary to protect the natural, scenic, and other Highlands resources, including, but not limited to, forests, wetlands, stream corridors, steep slopes, and critical habitat for fauna and flora.
(b) Information regarding standards for agricultural or horticultural development in the Highlands preservation area can be obtained by contacting the New Jersey Department of Agriculture, Division of Agricultural and Natural Resources, John Fitch Plaza, PO Box 330, Trenton, NJ 08625-0330.
(c) The Department shall issue the following written determinations pursuant to N.J.A.C. 7:38-2, upon application and payment of a fee:
1. Whether a proposed activity meets the definition of "major Highlands development" as set forth in 7:38-1.4;
2. Whether a proposed activity is exempt from the requirements of the Highlands Act; and
3. Whether a proposed activity is consistent with the applicable areawide Water Quality Management Plan adopted in accordance with N.J.A.C. 7:15.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:38-1.2 - Forms and information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Forms or other information related to the Highlands permitting review program may be obtained as follows:
1. Applications, form letters for notification and information relating to exemptions and determinations of applicability of these rules to specific projects or activities may be found at the Division of Watershed Management website at
www.nj.gov/dep/watershedmgt
or obtained from the Division of Watershed Management at:
Division of Watershed Management
New Jersey Department of Environmental Protection
PO Box 418
401 East State Street
Trenton, New Jersey 08625-0418
(609)-984-0058
PO Box 439
2. Applications and form letters for public notification related to HPAAs and waivers may be found on the Land Use Regulation Program's webpage at
www.state.nj.us/dep/landuse
or obtained from the Land Use Regulation Program at:
Land Use Regulation Program
New Jersey Department of Environmental Protection
Trenton, New Jersey 08625-0439
Phone: (609) 984-0194
Fax: (609) 292-8115
i. Courier and other hand deliveries shall be delivered to: Land Use Regulation Program
New Jersey Department of Environmental Protection
5 Station Plaza
501 East State Street
Trenton, New Jersey 08609
3. Information and forms relating to NJPDES permits and treatment works approvals may be found on the Division of Water Quality webpage at
www.state.nj.us/dep/dwq
or obtained from the Division of Water Quality at:
Division of Water Quality
New Jersey Department of Environmental Protection
PO Box 029
Trenton, New Jersey 08625-0029
Phone: (609) 292-4543
Fax: (609) 984-7938
4. Information and forms relating to Water Allocation and Safe Drinking water may be found on the Division of Water Supply web page at
www.nj.gov/dep/watersupply
or obtained from the Bureau of Water Allocation or Bureau of Water Systems and Wells at:
Division of Water Supply
New Jersey Department of Environmental Protection
PO Box 426
Trenton, New Jersey 08625-0426
Phone: Bureau of Water Systems and Wells (609) 292-2957
Phone: Bureau of Water Allocation (609) 292-2957
5. Information and forms relating to the Natural Heritage Program may be found on the Division of Parks and Forestry web page at
www.nj.gov/dep/parksandforests/natural/heritage
or obtained from the Office of Natural Lands Management, Natural Heritage Program at:
Division of Parks and Forestry
New Jersey Department of Environmental Protection
PO Box 404
Trenton, New Jersey 08625-0404
Phone: (609) 984-1339
Fax: (609) 984-1427
6. For information or to contact the Highlands Water Protection and Planning Council:
New Jersey Highlands Council
100 North Road, Route 513, Chester, New Jersey 07930
Phone: 908-879-6737
Fax: 908-879-4205
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:38-1.3 - Other statutes and regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter consolidates aspects of, but does not supersede, the following statutes and any rules adopted pursuant thereto:
1. The Freshwater Wetlands Protection Act, 13:9B-1 et seq.;
2. The Endangered and Nongame Species Conservation Act, 23:2A-1 et seq.;
3. The Water Supply Management Act, 58:1A-1 et seq.;
4. The Water Pollution Control Act, 58:10A-1 et seq.;
5. The Realty Improvement Sewerage and Facilities Act (1954), 58:11-23 et seq.;
6. The Water Quality Planning Act, 58:11A-1 et seq.;
7. The Safe Drinking Water Act, 58:12A-1 et seq.; and
8. The Flood Hazard Area Control Act, 58:16A-50 et seq. For the purposes of this section, the provisions of 13:1D-29 et seq. shall not apply to an application for a permit pursuant to the Flood Hazard Area Control Act, 58:16A-50 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:38-1.5 - Requests for adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the limitations of (e) below, a person may request an adjudicatory hearing to contest any of the following decisions under this chapter:
1. A Highlands applicability determination;
2. A Highlands Resource Area Determination;
3. A Highlands Preservation Area Approval;
4. A Highlands Preservation Area Approval with waiver (including when applicable, brownfield designation); and
5. A Highlands general permit authorization.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 2 - JURISDICTION, APPLICABILITY AND EXEMPTIONS › Section 7:38-2.1 - Jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter applies geographically to the preservation area of the Highlands Region and to the planning area as provided in 7:38-1.1. As set forth in the Highlands Act at N.J.S.A. 13:20-7a, the Highlands Region consists of all that area within the boundaries of the following municipalities:
1. In Bergen County: Mahwah and Oakland;
2. In Hunterdon County: Alexandria, Bethlehem, Bloomsbury, Califon, Clinton Town, Clinton Township, Glen Gardner, Hampton, High Bridge, Holland, Lebanon Borough, Lebanon Township, Milford, Tewksbury, and Union;
3. In Morris County: Boonton Town, Boonton Township, Butler, Chester Borough, Chester Township, Denville, Dover, Hanover, Harding, Jefferson, Kinnelon, Mendham Borough, Mendham Township, Mine Hill, Montville, Morris Plains, Morris Township, Morristown, Mount Arlington, Mount Olive, Mountain Lakes, Netcong, Parsippany-Troy Hills, Pequannock, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury, Victory Gardens, Washington, and Wharton;
4. In Passaic County: Bloomingdale, Pompton Lakes, Ringwood, Wanaque, and West Milford;
5. In Somerset County: Bedminster, Bernards, Bernardsville, Far Hills, and Peapack-Gladstone;
6. In Sussex County: Byram, Franklin, Green, Hamburg, Hardyston, Hopatcong, Ogdensburg, Sparta, Stanhope, and Vernon; and
7. In Warren County: Allamuchy, Alpha, Belvidere, Franklin, Frelinghuysen, Greenwich, Hackettstown, Harmony, Hope, Independence, Liberty, Lopatcong, Mansfield, Oxford, Phillipsburg, Pohatcong, Washington Borough, Washington Township, and White.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 2 - JURISDICTION, APPLICABILITY AND EXEMPTIONS › Section 7:38-2.2 - "Major Highlands development" regulated by the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall commence work on a major Highlands development in the preservation area without first receiving a Highlands Applicability Determination pursuant to 7:38-2.4 and/or a Highlands Preservation Area Approval (HPAA) pursuant to N.J.A.C. 7:38-6. The following activities in the preservation area constitute major Highlands development unless excluded pursuant to 7:38-2.3:
1. Any non-residential development;
2. Any residential development that requires a Department permit, approval, or other authorization pursuant to any of the following statutes, as amended and supplemented: Freshwater Wetlands Protection Act, 13:9B-1 et seq., Water Supply Management Act, 58:1A-1 et seq., Water Pollution Control Act, 58:10A-1 et seq., The Realty Improvement Sewerage and Facilities Act (1954), 58:11-23 et seq., Water Quality Planning Act, 58:11A-1 et seq., Safe Drinking Water Act, 58:12A-1 et seq., or the Flood Hazard Area Control Act, 58:16A-50 et seq.;
3. Any residential development that results in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by one-quarter acre or more;
4. Any activity that is not a development but that results in the ultimate disturbance of one-quarter acre or more of forest or that results in a cumulative increase in impervious surface by one-quarter acre or more, except as provided in (b) below; or
5. Any capital or other project of a State entity or local government unit that requires one of the permits, approvals, or authorizations listed in (a)2 above or that results in the ultimate disturbance of one or more acres of land or a cumulative increase in impervious surface by one-quarter acre or more.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 2 - JURISDICTION, APPLICABILITY AND EXEMPTIONS › Section 7:38-2.4 - Highlands applicability determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Highlands Applicability and Water Quality Management Plan Consistency Determination (Highlands Applicability Determination) answers the following questions:
1. Is the proposed development or activity a major Highlands development pursuant to 7:38-2.2 ?
2. Is the proposed development or activity a major Highlands development that is exempt from the Highlands Act, pursuant to 7:38-2.3 ?
3. Regardless of the answer to (a)1 or 2 above, is the proposed development or activity consistent with the applicable areawide Water Quality Management Plan?
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 2 - JURISDICTION, APPLICABILITY AND EXEMPTIONS › Section 7:38-2.5 - Applicability for purposes of public water supply systems, water allocations and water use registrations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 58:12A-4.1, within the preservation area, the construction of any new public water system and the extension of any existing public water system to serve development in the preservation area is prohibited except to serve development that:
1. Is exempt from the Highlands Act pursuant to 7:38-2.3, and is consistent with the applicable areawide WQMP, pursuant to N.J.A.C. 7:15; or
2. Receives an HPAA with waiver pursuant to N.J.A.C. 7:38-6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 2 - JURISDICTION, APPLICABILITY AND EXEMPTIONS › Section 7:38-2.6 - Applicability for purposes of NJPDES-permitted discharges and wastewater facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 58:11A-7.1, within the preservation area, designated sewer service areas for which wastewater collection systems have not been installed as of August 10, 2004, were revoked effective August 10, 2004, and any associated treatment works approvals in the impacted areas expired on August 10, 2004 except for sewer service areas and any associated treatment works approvals necessary to serve:
1. Development that is exempt from the Highlands Act pursuant to 7:38-2.3; or
2. Major Highlands development that is approved in accordance with an HPAA with a waiver in accordance with N.J.A.C. 7:38-6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 3 - PRESERVATION AREA STANDARDS › Section 7:38-3.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with the Highlands Act at 13:20-32, the Department shall issue an HPAA only if the proposed development or activity satisfies all the requirements in this subchapter and 7:38-6.2.
(b) An applicant is subject to the standards in this subchapter if any of the environmental resources described in this subchapter existed on a lot on August 10, 2004. If a resource appears on photographs from the Department's 2002 aerial overflight of the State, the Department shall assume the resource existed on the lot on August 10, 2004. An applicant may rebut this presumption by providing the Department credible proof that the resource was lawfully disturbed before August 10, 2004.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 3 - PRESERVATION AREA STANDARDS › Section 7:38-3.2 - Standards for water supply diversion sources

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person applying for a new or modified water supply allocation or an increased diversion under an existing water use registration as established under (i) below where at least one of the diversion sources is located within the preservation area shall obtain an HPAA including compliance with the standards and requirements in the Water Supply Allocation Permit Rules, N.J.A.C. 7:19.
(b) The Department shall not approve as part of an HPAA any new or increased diversion within the preservation area resulting in a total permitted diversion of greater than 50,000 gallons of water per day unless:
1. Individual and cumulative impacts of multiple diversions are fully assessed;
2. Existing stream base flows are maintained;
3. Depletive use within the sub-drainage basin is minimized. For the purposes of this section, sub-drainage area is defined as the HUC 14;
4. Existing water quality is maintained; and
5. Ecological uses are protected.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 3 - PRESERVATION AREA STANDARDS › Section 7:38-3.3 - Public community water systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Construction of a new public community water system or extension of an existing public community water system to serve development in the preservation area is prohibited unless the Department determines that the development to be served:
1. Is exempt from the Highlands Act pursuant to 7:38-2.3 and consistent with the applicable areawide WQMP;
2. Qualifies for an emergency HPAA pursuant to N.J.A.C. 7:38-7; or
3. Qualifies for an HPAA with waiver in accordance with N.J.A.C. 7:38-6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 3 - PRESERVATION AREA STANDARDS › Section 7:38-3.4 - NJPDES permitted discharges and wastewater facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any new discharge to surface water or ground water, except discharges from water supply facilities, that would require an individual or general NJPDES permit and any extension of a sewer line that requires a Treatment Works Approval is prohibited within the preservation area unless the development in the preservation area that satisfies any one of the following criteria:
1. Is exempt from the Highlands Act pursuant to 7:38-2.3, and is consistent with the applicable areawide Water Quality Management Plan;
2. Receives an HPAA in accordance with N.J.A.C. 7:38-6; or
3. Is not a major Highlands development.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 3 - PRESERVATION AREA STANDARDS › Section 7:38-3.5 - Impervious surfaces

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall not issue an HPAA if a proposed development or activity will result in impervious surface of greater than three percent of the land area of a lot. As to lots created by subdivision after August 10, 2004, calculation of this limit shall include all impervious surface existing on the entire land area of the lot which existed on August 10, 2004. For example, if a lot in existence as of August 10, 2004 currently has two percent impervious surface within its August 10, 2004 boundary, only one percent additional impervious surface will be permitted within that boundary, assuming the new impervious surface is placed in accordance with the Highlands Act and this chapter and any other applicable Federal, State and local law. Thus, if that lot is further subdivided, the newly created lot(s) could only receive an HPAA for a cumulative total of additional impervious surface equal to one percent of the area of the original lot that existed on August 10, 2004.
1. No impervious surface shall be permitted on a lot created by subdivision after August 10, 2004, if the lot of which the lot was a part as of August 10, 2004 contains three percent or more impervious surface.
2. For purposes of this subsection, non-contiguous lots in existence as of August 10, 2004, that contain less than three percent impervious surface may be aggregated such that the percentage of impervious surface that would have otherwise been permitted under this subsection on one or more of the aggregated lots is transferred to one or more of the aggregated lots, provided:
i. The proposed development on the lot or lots to which the percentage impervious surface is transferred complies with all Federal, State and local law;
ii. The proposed development on the lot or lots to which the percentage impervious surface is transferred does not require a waiver of any requirement of this chapter;
iii. The septic density standards of this chapter as set forth at 7:38-3.4(b)  are met;
iv. The non-contiguous lots to be aggregated under this paragraph are all located in the Highlands Preservation Area and within the same HUC 14; and
v. The lot or lots from which the percentage impervious surface is transferred are permanently subject to a conservation restriction against future disturbance in accordance with 7:38-6.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 3 - PRESERVATION AREA STANDARDS › Section 7:38-3.6 - Highlands open waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be a 300-foot buffer adjacent to Highlands open waters in which no disturbance is permitted, except as provided in this chapter.
(b) All new major Highlands development is prohibited within a Highlands open water and its adjacent 300-foot buffer except for linear development, which shall be permitted provided that there is no feasible alternative for the linear development outside the Highlands open water or Highlands open water buffer.
1. In order to demonstrate "no feasible alternative for linear development" the applicant shall demonstrate that there is no other location, design and/or configuration for the proposed linear development that would reduce or eliminate the disturbance to a Highlands open water or the adjacent buffer. The additional limitations at (b)1i and ii below apply for proposed linear development that would provide access to an otherwise developable lot.
i. The proposed linear development is the only point of access for roadways or utilities to an otherwise developable lot; and
ii. Shared driveways are used to the maximum extent possible to access multiple lots, especially in areas containing steep slopes, Highlands open water or Highlands open water buffers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 3 - PRESERVATION AREA STANDARDS › Section 7:38-3.7 - Flood hazard areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A flood hazard area is any land in a flood plain as defined under the Flood Hazard Area Control Act, 58:16A-50 et seq., and its implementing rules, N.J.A.C. 7:13.
(b) A major Highlands development in a flood hazard area shall meet the requirements of either (b)1 or 2 below:
1. The proposed activities, both individually and cumulatively, displace no flood storage volume whatsoever onsite, as calculated according to (c) and (d) below, based on site conditions as of August 10, 2004; or
2. The proposed activities, both individually and cumulatively, displace no more than 20 percent of the flood storage volume onsite, as calculated according to (c) and (d) below, based on site conditions as of January 31, 1980, and an equal or greater volume of flood storage is created offsite in accordance with (e) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 3 - PRESERVATION AREA STANDARDS › Section 7:38-3.9 - Upland forested areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A major Highlands development in an upland forested area shall meet the requirements of this section.
(b) The applicant shall identify on a site plan submitted to the Department all forest in existence on the lot as of August 10, 2004 as well as those forest areas that have subsequently developed.
1. The limit of the forest shall be identified using aerial photographs obtained from the Department, free of charge, at
www.state.nj.us/dep/gis/
; and
2. If the aerial photograph contains areas of sporadic coverage that have not been identified as forest by the applicant, the applicant shall lay a one-half acre grid system over the photograph. A standard 142 foot square grid block provided by the Department at its website shall be used. Any grid block containing 33 percent or greater forest cover, shall be considered as forest for the purposes of this chapter, unless the applicant demonstrates otherwise using the procedure established in (c) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 3 - PRESERVATION AREA STANDARDS › Section 7:38-3.10 - Historic and archaeological areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Historic and archaeological areas are those historic or archaeological properties that are listed or are eligible for listing on the New Jersey or National Register of Historic Places pursuant to 7:4-2.3.
(b) An HPAA application for a proposed regulated activity as described at (b)1 through 4 below shall include an intensive-level architectural survey completed by an architectural historian whose qualifications meet the Secretary of the Interior's Professional Qualifications Standards and related guidance as part of the larger Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as referenced at 36 CFR 61, incorporated herein by reference. Guidance regarding intensive-level architectural surveys is available at the State Historic Preservation Office's website at
www.state.nj.us/dep/hpo/1identify/gaspart1.pdf
.
1. A proposed regulated activity within or adjacent to a site or sites containing known historic or archaeological properties, based upon information contained within the application, or as identified on copies of historic property maps on file at the Department's Historic Preservation Office;
2. A proposed regulated activity on a site for which available maps, photographs, or other information, or observations made during a site visit indicate the presence of buildings, structures, or ruins over 50 years old within the project area;
3. A proposed regulated activity including new, replacement, reconstructed, or rehabilitated bridges or culverts; and/or
4. A proposed regulated activity on a site where citizens, local units of government, historic preservation organizations, or others have indicated the possible presence of historic or archaeological properties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 3 - PRESERVATION AREA STANDARDS › Section 7:38-3.11 - Rare, threatened or endangered plant and animal species

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall not issue a HPAA unless it determines that the proposed activity will not jeopardize the continued existence of, or result in the likelihood of the destruction or adverse modification of habitat for, any rare, threatened or endangered species of animal or plant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 3 - PRESERVATION AREA STANDARDS › Section 7:38-3.12 - Unique or irreplaceable land types and existing public scenic attributes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unique or irreplaceable land types include vernal habitats as defined in (b) below, and those ecological communities that are identified in the Natural Heritage Database.
(b) "Vernal habitat" means a water of the Highlands or Highlands open water that meets all of the criteria at (b)1 through 4 below. Evidence of breeding by an obligate species under (b)2i below creates a rebuttable presumption that the criteria at (b)3 and 4 below are met:
1. Occurs in a confined basin depression without a permanent flowing outlet;
2. Features evidence of breeding by one or more species of fauna adapted to reproduce in ephemeral aquatic conditions, identified in the Freshwater Wetland Protection Act (FWPA) regulations, N.J.A.C. 7:7A, Appendix 1. The following shall constitute evidence of breeding by such a species:
i. One or more obligate species listed in N.J.A.C. 7:7A, Appendix 1, or evidence of such a species, is found in the area of ponded water; or
ii. Two or more facultative species listed in the N.J.A.C. 7:7A, Appendix 1 or evidence of the presence of such a species, are found in the area of ponded water;
3. Maintains ponded water for at least two continuous months between March and September of a normal rainfall year. For the purposes of this section, "normal rainfall year" means a 12-month period in which the precipitation at a location is within 10 percent of the average annual precipitation for that location, calculated using the standard averaging period for "normals," established by the World Meteorological Organization, except that the Department may determine normal rainfall on a case-by-case basis in unusual situations, such as where the sampling period begins immediately following prolonged drought conditions. As of September 4, 2001, the World Meteorological Organization has defined the standard averaging period as 1961 through 1990. Information regarding the standard averaging period can be found in the USDA's Natural Resources Conservation Service website at
www.nrcs.usda.gov/water/climate
; and
4. Is free of fish throughout the year, or dries up at some time during a normal rainfall year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 4 - HIGHLANDS RESOURCE AREA DETERMINATIONS › Section 7:38-4.1 - Highlands Resource Area Determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may apply to the Department for a Highlands Resource Area Determination (HRAD) by which the Department determines one or more of the following:
1. The location of any Highlands Resource Area on a site or a portion of a site; or
2. The location of all Highlands open waters and their buffers on a site. The Department shall locate Highlands open waters and their buffers on an entire site but not on a portion of a site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 4 - HIGHLANDS RESOURCE AREA DETERMINATIONS › Section 7:38-4.2 - Application for an HRAD

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for an HRAD shall follow the application procedures and information requirements at 7:38-9.3 and 9.4.
(b) The Department shall review an application for an HRAD in accordance with N.J.A.C. 7:38-11.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 4 - HIGHLANDS RESOURCE AREA DETERMINATIONS › Section 7:38-4.3 - Effect, duration, and extension of an HRAD

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person to whom an HRAD is issued is entitled to rely on the determinations contained therein for a period of five years from the date of issuance of the HRAD unless extended in accordance with (b) and (c) below. Until such time as an HPAA is obtained for a project on the site for which the HRAD was issued, an HRAD may be revoked if the Department determines that the HRAD or any portion of it was based on inaccurate or incomplete information. In this case, the Department shall issue the HRAD holder written notice revoking the HRAD, or any inaccurate portion, for specified reasons. An HRAD applicant may request that the Department, at the applicant's expense, inspect the site for which the HRAD was issued and issue a new HRAD reflecting the actual conditions on the site. The new HRAD shall supersede the earlier HRAD for that site and shall expire five years from the date it is issued.
(b) The term of an HRAD may be extended, provided that the information upon which the original determination was based remains valid, but the extension shall not exceed five years from the original expiration date.
(c) Requests for extensions shall be made in writing to the Department before the HRAD has expired and shall be subject to the application requirements at 7:38-9.7. Applicants will be required to apply for a new HRAD if an administratively complete application for an extension is not received by the Department prior to the expiration date of the HRAD.
(d) If an application for an HPAA is submitted, the Department reserves the right to re-examine any and all information upon which an HRAD was based and revise the HRAD to reflect conditions at the time of the HPAA application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 5 - RARE, THREATENED AND ENDANGERED SPECIES HABITAT EVALUATIONS › Section 7:38-5.1 - Rare, or Threatened or Endangered Species Habitat Evaluations

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the standards for conducting a Rare, or Threatened or Endangered Animal Species Habitat Evaluation or a Rare or Endangered Plant Species Habitat Evaluation. A completed Habitat Evaluation shall be submitted by any HRAD or HPAA applicant seeking to rebut a presumption pursuant to 7:38-4.1(d)3  or 4 that a portion of a site or footprint of disturbance constitutes suitable habitat for any rare, threatened or endangered animal species and/or rare or endangered plant species. The standards for conducting a Habitat Evaluation for animal species are found at 7:38-5.2; the standards for plant species are found at 7:38-5.3. Submittal requirements for all Habitat Evaluations are found at 7:38-5.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 5 - RARE, THREATENED AND ENDANGERED SPECIES HABITAT EVALUATIONS › Section 7:38-5.2 - Rare, or Threatened or Endangered Animal Species Habitat Evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for an HRAD or HPAA seeking to rebut a presumption pursuant to 7:38-4.1(d)3  that all or part of a site constitutes suitable habitat for a rare, or threatened or endangered animal species shall submit a rare, or threatened or endangered animal species Habitat Evaluation to the Department.
(b) The Department shall consider as suitable habitat any area that, based on the best available scientific information, provides all of the components necessary to sustain any rare, or threatened or endangered animal species, including, but not limited to, nesting or breeding areas, foraging or feeding areas, resting or roosting areas, hibernacula, or denning areas; or any area that is a part of a larger habitat area that provides all of the components necessary to sustain the rare, or threatened or endangered animal species in question based upon evaluation of the following:
1. The information provided by the applicant under 7:38-5.4 and any other information available to the Department identifying which, if any, rare, threatened or endangered animal species may have suitable habitat on the site. Such information includes, but is not limited to, the Landscape Maps, Natural Heritage Database, records of documented species occurrences and public comment;
2. The results of any animal species surveys done in consultation with the Department and in accordance with the survey procedures at N.J.A.C. 7:7-11.3(a) and (b) (Coastal Zone Management);
3. Scientific information related to the life history characteristics and habitat needs of the species; and
4. The extent to which the site or footprint of disturbance contains the characteristics of suitable habitat for each species identified in (b)1 and 2 above, including onsite and adjacent vegetation structure and composition, soil characteristics, wetland characteristics and hydrologic conditions, surrounding land use and disturbance levels, and any other factor that may affect the habitat suitability for any rare, or threatened or endangered animal species that are identified as part of on-site inspection(s) or in the HRAD or HPAA application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 5 - RARE, THREATENED AND ENDANGERED SPECIES HABITAT EVALUATIONS › Section 7:38-5.3 - Rare or Endangered Plant Species Habitat Evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for an HRAD or HPAA seeking to rebut a presumption pursuant to 7:38-4.1(d)4  that all of a site, or a footprint of disturbance constitutes suitable habitat for a rare or endangered plant species shall submit a rare or endangered plant species Habitat Evaluation to the Department.
(b) The Department shall consider as habitat any area identified in the Natural Heritage Database as habitat for any rare or endangered plant species that provides all of the components necessary to sustain the plant species in question, based upon evaluation of the following:
1. The information provided by the applicant under 7:38-5.4 and any other information available to the Department identifying which, if any, rare or endangered plant species are documented on the site or footprint of disturbance. Department information includes, but is not limited to, the Natural Heritage Database, records of documented occurrences, public comments and other pertinent information;
2. The results of any plant species surveys conducted in consultation with the Department following the survey procedures at N.J.A.C. 7:7-11.3(a) and (b) (Coastal Zone Management);
3. Scientific information related to the life history characteristics and habitat needs of the rare or endangered plant species; and
4. The extent to which the site or footprint of disturbance contains the characteristics of the documented habitat for each species identified in (b)1 and 2 above including onsite and adjacent vegetation structure and composition, soil characteristics, wetland characteristics and hydrologic conditions, surrounding land use and disturbance levels, that are identified as part of on-site inspection(s) or in the HRAD or HPAA application, and any other factor that may affect the rare or endangered plant species.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 5 - RARE, THREATENED AND ENDANGERED SPECIES HABITAT EVALUATIONS › Section 7:38-5.4 - Submittal requirements for Habitat Evaluations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Habitat Evaluation submitted to the Department shall include:
1. An introduction describing the goals of the Habitat Evaluation;
2. A description of the habitat requirements for each species identified in the Natural Heritage Program letter pursuant to 7:38-4.1(d)3  or 4, including citations to appropriate literature and studies; and
3. The names, addresses and professional qualifications of all persons who performed habitat evaluations, and/or species surveys relied upon to support any conclusion reached in the Habitat Evaluation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 6 - HIGHLANDS PRESERVATION AREA APPROVAL › Section 7:38-6.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall undertake any regulated activity without first obtaining a Highlands Preservation Area Approval from the Department pursuant to this subchapter.
(b) To be authorized under an HPAA, a person shall demonstrate that the proposed regulated activity will comply with the following requirements:
1.N.J.A.C. 7:38-3, and 7:38-6.2 and 6.3, except to the extent a waiver of any one or more requirements of this chapter is requested in accordance with 7:38-6.4;
2. The Safe Drinking Water Act rules, N.J.A.C. 7:10-1, in cases where proposed activity requires construction of a public community, public noncommunity, or nonpublic water system; and
3. In cases where a New Jersey Pollutant Discharge Elimination System (NJPDES) permit or treatment works approval (TWA) is required, the NJPDES and/or TWA rules, N.J.A.C. 7:14A, applied to Highlands open waters in accordance with the antidegradation provisions of the Surface Water Quality Standards at N.J.A.C. 7:9B and the Stormwater Management rules at N.J.A.C. 7:8 applicable to Category One waters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 6 - HIGHLANDS PRESERVATION AREA APPROVAL › Section 7:38-6.2 - Standard requirements for all HPAAs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall issue an HPAA only if it determines, based upon the information provided by the applicant, that the proposed major Highlands development:
1. Meets all of the requirements at N.J.A.C. 7:38-3;
2. Would result in de minimus impacts on water resources and would not cause or contribute to a significant degradation of surface or ground waters. In making this determination, the Department shall consider the extent of any impacts on water resources resulting from the proposed major Highlands development including, but not limited to, the regenerative capacity of aquifers or other surface or ground water supplies, increases in stormwater generated, increases in impervious surface, increases in stormwater pollutant loading, changes in land use, and changes in vegetative cover;
3. Would cause the minimum feasible interference with the natural functioning of animal, plant, and other natural resources at the site and within the surrounding area, and the minimum feasible individual and cumulative adverse impacts to the environment both onsite and offsite of the major Highlands development;
4. Will result in the minimum feasible alteration or impairment of the aquatic ecosystem including existing contour, vegetation, fish and wildlife resources, and aquatic circulation of a freshwater wetland;
5. Will not jeopardize the continued existence of species listed pursuant to the Endangered and Nongame Species Conservation Act, 23:2A-1 et seq., the Endangered Plant Species List Act, 13:1B-15.1 51 et seq.), or which appear on the Federal endangered or threatened species list, and will not result in the likelihood of the destruction or adverse modification of habitat for any rare, threatened, or endangered species of animal or plant;
6. Is located or constructed so as to neither endanger human life or property nor otherwise impair public health, safety or welfare;
7. Would result in the minimum practicable degradation of unique or irreplaceable land types, historical or archeological areas, and existing public scenic attributes at the site and within the surrounding area; and
8. Meets all other applicable Department standards, rules, and regulations and State and Federal laws.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 6 - HIGHLANDS PRESERVATION AREA APPROVAL › Section 7:38-6.3 - Protecting Highlands preservation area resources from future development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every HPAA shall require a binding conservation restriction as defined in 7:38-1.4 on any area of the lot not authorized for development or disturbance under the HPAA that shall permanently preserve the undeveloped and undisturbed portion of the lot in its natural state, except for those activities necessary to maintain the conservation restriction to accomplish the purpose for which the conservation restriction was created.
(b) The conservation restriction shall run with the land on which the approved project is located, shall apply to all lots subdivided from that land and sold or transferred to other persons, and shall be binding upon the landowner and his or her successors in interest. To ensure that notice of the conservation restriction is provided to all present and future interested parties, the landowner or contract purchaser receiving the HPAA shall:
1. Record the conservation restriction(s) at the county clerk's office within 10 days after commencement of any work authorized under the HPAA; and
2. Ensure that a copy of the conservation restriction is provided to the Highlands Council and to the municipal clerk with a request that it be placed in the file for the lot containing the approved project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 6 - HIGHLANDS PRESERVATION AREA APPROVAL › Section 7:38-6.4 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As provided in the Highlands Act at N.J.S.A. 13:20-33b, or in accordance with the Fair Housing Act, 52:27D-301 et seq., the Department may, in its discretion, waive any provision contained in this chapter on an individual, case-by-case basis:
1. To protect public health and safety;
2. For redevelopment in certain previously developed areas in the preservation area identified by the Council pursuant to N.J.S.A. 13:20-9b or 13:20-11(a)(6)(h);
3. To avoid the taking of property without just compensation; or
4. To permit the construction of a 100 percent affordable housing development as defined by the Council on Affordable Housing pursuant to 5:93-5.5 and 5:94-4.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 6 - HIGHLANDS PRESERVATION AREA APPROVAL › Section 7:38-6.5 - Waiver for the protection of public health and safety

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an activity is necessary to protect public health and safety and the anticipated threat or loss may occur before the Department can review an application for an HPAA, an applicant shall follow the procedure to obtain an emergency HPAA at N.J.A.C. 7:38-7.
(b) For the purposes of this section, an activity is necessary to protect public health and safety if there is no other practicable means to meet the established public need and the activity:
1. Will correct or avoid a threat to life or health, severe loss of property, or severe environmental degradation that is occurring or will occur if the activity is not permitted;
2. Will serve an essential health or safety need or correct severe environmental degradation; and
3. Is required to serve existing public health and safety needs or to correct existing severe environmental degradation and is not intended or designed to support future development.