New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 9 - SPECIAL AREAS › Section 7:7-9.34 - Historic and archaeological resources

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Historic and archaeological resources
				include objects, structures, shipwrecks, buildings, neighborhoods, districts,
				and man-made or man-modified features of the landscape and seascape, including
				historic and prehistoric archaeological sites, which either are on or are
				eligible for inclusion on the New Jersey or National Register of Historic
				Places.
(b) Development that
				detracts from, encroaches upon, damages, or destroys the value of historic and
				archaeological resources is discouraged.
(c) Development that incorporates historic
				and archaeological resources in sensitive adaptive reuse is
				encouraged.
(d) Scientific
				recording and/or removal of the historic and archaeological resources or other
				mitigation measures must take place if the proposed development would
				irreversibly and/or adversely affect historic and archaeological resources.
				Surveys and reports to identify and evaluate historic and archaeological
				resources potentially eligible for the New Jersey or National Registers shall
				be performed by professionals who meet the National Park Service's Professional
				Qualifications Standards in the applicable discipline. Professional procedures
				and reports shall meet the applicable Secretary of the Interior's Standards and
				Guidelines for Archaeology and Historic Preservation and the New Jersey
				Historic Preservation Office's professional reporting and surveying guidelines,
				once these guidelines are promulgated as rules, in accordance with the
				Administrative Procedure Act,
				52:14B-1 et seq. A description of
				the qualifications and performance standards is available at the Historic
				Preservation Office.
(e) New
				development in undeveloped areas near historic and archaeological resources is
				conditionally acceptable, provided that the design of the proposed development
				is compatible with the appearance of the historic and archaeological resource.
				For archaeological resources within the area of the undertaking, avoidance and
				protection is appropriate. When this is not feasible and prudent, and these
				resources are of value solely for the information which they contain,
				archaeological data recovery to mitigate the project impact will be
				required.
(f) Recovery of
				shipwrecks consistent with the protection of historic values and environmental
				integrity of shipwrecks and their sites may be permitted subject to the
				conditions listed at (f)1 through 7 below. The recovery of shipwrecks must also
				be consistent with the shipwrecks and artificial reefs rule at
				7:7-9.13.
1. The proposed project is in the public
				interest;
2. The archaeological
				knowledge gained will outweigh the loss to future archaeological research and
				to the public of the preserved shipwreck;
3. The applicant has expertise in underwater
				archaeology as outlined by the Federal Requirements 36 CFR 66, pursuant to the
				Archaeological and Historic Preservation Act of 1974 ( P.L. 93-291 ), and
				through the National Environmental Policy Act, the National Historic
				Preservation Act of 1966, (as amended), the Abandoned Shipwreck Act of 1987,
				and their respective implementing regulations and guidelines;
4. Artifacts will be recovered in an
				archaeologically appropriate manner;
5. Recovered artifacts will be analyzed and
				inventoried, and as appropriate, preserved, restored, and/or made accessible to
				future researchers;
6. Two copies
				of a professional archaeological report will be prepared for the Department
				giving the following information about the shipwreck and its excavation:
				Historic background, description of environment, salvage methodology, artifact
				analysis, description of techniques used in preservation of artifacts, base
				map, narrative and grid map on artifacts recovered, bibliography, photographs,
				National Register documentation and conclusions; and
7. The entire exploration and salvage effort
				will be in accordance with the Secretary of the Interior's 1983 Standards and
				Guidelines for Archaeology and Historic Preservation, and the Department of the
				Interior's 1990 Abandoned Shipwreck Act Final Guidelines which are available
				from the Historic Preservation Office.