N.J. Admin. Code § 7:13-11.6
Current through Register Vol. 56, No. 23, December 2, 2024
Section 7:13-11.6 - Requirements for a regulated activity in or affecting a present or documented habitat for threatened or endangered species(a) This section sets forth specific design and construction standards that apply to any regulated activity proposed in or affecting a present or documented habitat for a threatened or endangered species.(b) For the purposes of this chapter, the Department identifies present and documented habitat for most threatened or endangered wildlife species using the Landscape Project method, which focuses on habitat areas required to support local populations of threatened and endangered wildlife species. The report entitled New Jersey's Landscape Project, which is updated periodically, provides additional information on mapping methodology and is available at http://www.nj.gov/dep/fgw/ensp/landscape/index.htm. Interested parties may also obtain information by writing to the Division of Fish and Wildlife, Endangered and Nongame Species Program at: The Landscape Project
State of New Jersey Department of Environmental Protection
Division of Fish and Wildlife Endangered and Nongame Species Program
Mail Code 501-03
P.O. Box 420
Trenton, NJ 08625-0420.
(c) For endangered or threatened plant species and for those wildlife species for which a landscape model in the Landscape Project has not been developed, the Department shall rely on the New Jersey Natural Heritage Database for site-specific information. To determine which animal species are not included in the Landscape Project, see the latest version of the New Jersey Landscape Mapping Project at the website listed in (b) above.(d) The Department shall issue an individual permit for a regulated activity only if the activity will not destroy, jeopardize, or adversely modify a present or documented habitat for threatened or endangered species, and shall not jeopardize the continued existence of any local population of a threatened or endangered species.(e) The Department shall require a survey and/or a habitat assessment for threatened or endangered species as part of an environmental report, as described at N.J.A.C. 7:13-18.8(b), for an individual permit for any regulated activity which is likely to do either of the following:1. Disturb an area known to contain a threatened or endangered species; or2. Disturb any habitat that could support a threatened or endangered species.(f) Persons seeking information pertaining to threatened or endangered species sightings on or near a particular site can contact: State of New Jersey
Department of Environmental Protection
The New Jersey Natural Heritage Program
Mail Code 501-04
P.O. Box 420
Trenton, NJ 08625-0420
Telephone: (609) 984-1339
Website: https://www.nj.gov/dep/parksandforests/natural/heritage
(g) The Department shall restrict a regulated activity during times of year when a threatened or endangered species is especially sensitive to disturbance, such as during mating or migratory periods. The Department shall not limit the regulated activity to fewer than 183 calendar days per year under this section. Note that the 183-day period during which the Department determines that activities may occur need not be consecutive. For example, the Department may determine that restricting activities for three months in the spring and three months in the fall best protects a threatened or endangered species in a particular case. N.J. Admin. Code § 7:13-11.6
Amended and recodified from 7:13-10.6 by 48 N.J.R. 1067(a), effective 6/20/2016Administrative Change, 51 N.J.R. 1193(a).Amended by 53 N.J.R. 514(b), effective 4/5/2021