N.J. Admin. Code § 7:3-5.5

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

Section 7:3-5.5 - Property overview

(a) The owner shall ensure that the boundaries of the property are physically marked, such as by a fence, roadway, or signage, or a natural feature, such as a stream. The property overview section shall describe how the boundaries of the property are physically demarked.

(b) The section shall indicate the use being made of each portion of the property as of the date the plan is submitted for review in accordance with N.J.A.C. 7:3-5.9. If, pursuant to N.J.A.C. 7:3-5.1(c) and (d), an area qualifies as forest land, the section shall:

1. State whether the area is "current" forest land or "proposed" forest land scheduled to be afforested or reforested under the plan. If it is "proposed" forest land, the section shall also specify the current use being made of the area;

2. Give its acreage accurate to the nearest hundredth of an acre; and

3. Identify its location on the property.

(c) The section shall describe:

1. The topography of the property and any distinctive land forms or landscape features;

2. Characterize the property's soils and their erodability, and provide reference to the soils map submitted as an appendix pursuant to N.J.A.C. 7:3-5.8(b)1; and

3. The hydrological characteristics of the property, including, but not limited to:

i. Any waterbody or waterway present;

ii. Any wetland, indicating whether it is capable of growing trees, its resource value classification (exceptional, intermediate, ordinary) as assigned under the Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A, and the width of its associated transition area, if any; and

iii. Any area that is a regulated area pursuant to the Flood Hazard Area Control Act rules at N.J.A.C. 7:13, including the regulated water, any associated flood hazard area and its floodway, and the associated riparian zone, and the width of the zone; and

4. Any route to be used to access the forest land that crosses a waterbody, waterway, wetland, any transition area associated with the wetland, flood hazard area, and/or a riparian zone, and the infrastructure to be employed for such crossing.

(d) The section shall describe the ecology and biodiversity of the property, discuss the role, if any, that fire plays in the ecology of the property, and identify:

1. Any State-listed threatened or endangered species determined to be on or near the property through a search of the Natural Heritage Database performed no more than one year prior to the date the plan is submitted for review pursuant to N.J.A.C. 7:3-5.9. The owner shall request such search by:

i. Completing a Natural Heritage Data Request Form. The form may be downloaded from the Department's website, http://www.nj.gov/dep/parksandforests/natural/docs/Natural_Heritage_Data %20_Request_Form.pdf, or requested from the Department at the address at (d)1ii below; and

ii. Submitting the completed form by e-mail, mail, or fax to:

New Jersey Department of Environmental Protection

Office of Natural Lands Management

Mail Code 501-04

PO Box 420

501 East State Street

Station Plaza #5, 4th floor

Trenton, NJ 08625-0420

Fax: (609) 984-1427

E-mail: Natlands@dep.nj.gov; and

2. Any Federally listed threatened or endangered species determined to be on or within the vicinity of the property, or to have critical habitat on or within the vicinity of the property, in accordance with procedures established by the USFWS's New Jersey Field Office. An owner shall obtain information about these procedures from:

United States Fish and Wildlife Service

New Jersey Field Office

Atlantic Professional Park

4 East Jimmie Leeds Road, Unit 4

Galloway, New Jersey 08205

Phone: (609) 646-9310

www.fws.gov/northeast/njfieldoffice/endangered/consultation.html.

(e) In complying with (d)1 and 2 above, the plan shall not divulge the precise location of any Federally listed or State-listed threatened or endangered species.

(f) With respect to the property's "current" forest land identified pursuant to (b) above, the section shall:

1. Identify threats to the sustainability of the forest land or the forest ecosystem, including factors that impair forest health or impede natural succession, such as insect infestations and disease, storms, flooding, drought, invasive species, salt spray, ice, and deer; and

2. Assess the condition of the forest land with respect to carbon sequestration, taking into consideration its functioning both as a carbon source and a carbon sink.

(g) The section shall identify any cultural resources on the property that merit protection and preservation, including:

1. Any prehistoric or historic district, site, building, structure, or object listed in the New Jersey Register of Historic Places and/or the National Register of Historic Places, available at www.nj.gov/dep/hpo/1identify/nrsr_lists.htm; and

2. Any other unique feature that the owner identifies as archeologically, culturally, historically, geologically, biologically, or ecologically valuable.

(h) If present on the property or relevant to the plan's objectives, the section shall also discuss:

1. The property's natural resources with respect to their potential for providing recreational opportunities, affording fish and wildlife habitat, producing desired timber species, producing wood, fiber, or other forest product, and/or enhancing aesthetic qualities;

2. The potential for usage of forest land through agroforestry or as range land; and

3. Any conservation-based estate planning undertaken by the owner.

N.J. Admin. Code § 7:3-5.5

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

Amended by 56 N.J.R. 480(a) effective 4/1/2024