N.J. Admin. Code § 2:90-1.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 2:90-1.1 - Purpose and scope

(a) The rules in this subchapter are to implement P.L. 1975, c. 251, 4:24-39 et seq. (hereinafter referred to as "the act"), to secure timely decisions by the soil conservation districts on application for development as defined therein, to assure adequate public notice of procedures thereunder to provide for inspection, compliance, and enforcement, and to continue effective administration of the law. The rules of this subchapter clarify the longstanding provisions of the act prescribing the authorities, roles, and responsibilities related to implementation of the act for the State Soil Conservation Committee and soil conservation districts. Such authorities, roles, and responsibilities include, but are not limited to, the following:

1. For the State Soil Conservation Committee:

i. Develop and promulgate rules and technical and administrative standards;

ii. Provide program oversight and training, on its own motion or upon request;

iii. Conduct appeals from district decisions;

iv. Conduct investigations;

v. Provide technical assistance;

vi. Institute policies and procedures and guidance;

vii. Conduct studies;

viii. Provide State aid to districts;

ix. Approve district fee schedules;

x. Discontinue municipal ordinances addressing soil erosion and sediment control;

xi. Provide program related interpretative assistance; and

xii. Enter into agreements with public agencies; and

2. For soil conservation districts:

i. Make determinations and apply the requirements or grant exemption from the act;

ii. Review and certify or deny certification of plans;

iii. Perform inspections and take enforcement actions, including violation notices, stop construction orders and seek court remedies or fines for violations;

iv. Issue or withhold reports of compliance, conditional reports of compliance, or final reports of compliance;

v. Coordinate with municipalities, counties, State and Federal agencies and instrumentalities thereof;

vi. Conduct appeals from aggrieved parties;

vii. Adopt or modify a fee schedule and assess fees;

viii. Monitor the performance of municipalities implementing erosion control ordinances and recommend discontinuance of municipal ordinances when such performance is unsatisfactory; and

ix. Enter into agreements with public agencies.

N.J. Admin. Code § 2:90-1.1

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Section was "Purpose"; rewrote (a).
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 46 N.J.R. 193(a).
Rewrote the introductory paragraph of (a); in (a)xii, substituted "; and" for a period at the end; in the introductory paragraph of (a)2, substituted "soil conservation districts" for "Soil Conservation Districts"; and in (a)2iv, inserted ", conditional reports of compliance, or final reports of compliance".