N.J. Admin. Code § 7:3-5.12

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:3-5.12 - Plan amendments

(a) The owner shall submit an amendment to the plan if any of the following circumstances occurs during a plan period:

1. The owner decides to modify the long-term goals for the property and its forest land;

2. The owner determines that any of the plan's objectives, prescriptions, or practices is no longer viable;

3. An on-site inspection carried out by the Department indicates:

i. Information in the plan is not or is no longer true; or

ii. An objective, prescription, or practice in the approved plan is no longer appropriate or viable for the property;

4. A change in land use occurs, such that:

i. The affected area of the property will no longer be used as described in the approved plan pursuant to N.J.A.C. 7:3-5.5(b); and

ii. The change will:

(1) Impact any of the property's forest land;

(2) Interfere with the conduct of any prescription or practice in the plan;

(3) Convert forest land to a non-forest use; or

(4) Convert any portion of the property to a use that is inconsistent with the sustainability of any of the property's forest land; or

5. The owner acquires new adjacent land that includes forest land, or sells, or otherwise conveys to another person, a portion of the property that includes forest land.

(b) In addition, at any time during the plan period, an owner may choose to submit an amendment to a plan.

(c) An owner shall prepare a plan amendment in consultation with an Approved Forester and submit it for review in accordance with N.J.A.C. 7:3-5.9. (d) A plan amendment shall:

1. Request the Department's approval of one or more changes to the approved forest stewardship plan and explain the reason for each change;

2. Include an amended title page that meets the requirements at N.J.A.C. 7:3-5.3(a)1 through 6 and additionally includes:

i. The start date and end date of the plan period, as specified by the Department when the plan was initially approved;

ii. The ID number assigned by the New Jersey Forest Service;

iii. The date on which each prior amendment, if any, was approved;

iv. Space for the New Jersey Forest Service to record the date the amendment was received for review and the date of approval of the amendment; and

v. Certifications in accordance with N.J.A.C. 7:3-5.3(c) signed and dated by the owner and the Approved Forester;

3. Indicate whether one or more of the owner's long-term goals for the property and its forest land have changed and, if so, explain how they have changed; and

4. Provide all information required in a plan pursuant to N.J.A.C. 7:3-5.6 that is relevant to each change and, if the management schedule is consequently altered, provide a revised management schedule in accordance with N.J.A.C. 7:3-5.7.

N.J. Admin. Code § 7:3-5.12

Adopted by 49 N.J.R. 3824(a), effective 12/18/2017