N.J. Admin. Code § 7:4-7.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:4-7.1 - Application procedure for encroachment authorization

(a) During the earliest stage of planning for any undertaking and before taking any action that could result in a physical effect on a property listed in the New Jersey Register, the State, a county, municipality or an agency or instrumentality thereof shall:

1. Consult with the Historic Preservation Office for the purpose of defining the boundaries of the area of the undertaking's potential impact;

2. Consult the latest edition of the New Jersey Register at http://www.state.nj.us/dep/hpo/1identify/nrsr_lists.htm to determine if there are any registered properties within the area of the undertaking's potential impact; and

3. Contact the Historic Preservation Office and determine if other properties within the area of the undertaking's potential impact have been listed in the New Jersey Register since the most recently published list. Public projects or actions for which acquisition or construction contracts have been let prior to listing on the New Jersey Register shall not require review and approval.

(b) If there is no property on the New Jersey Register in the area of the undertaking's potential impact, the undertaking may commence without further review and approval by the Department pursuant to the Act and this chapter.

(c) If there is property on the New Jersey Register in the area of the undertaking's potential impact, the State, a county, municipality or an agency or instrumentality thereof shall submit an application to the Department for project authorization.

(d) The application shall be prepared by the State, county, municipality or agency or instrumentality thereof planning the undertaking or its authorized representative on forms available from the Department. The application shall be sufficient to completely describe the planned undertaking and shall include:

1. Maps;

2. Photographs;

3. Plans;

4. Specifications;

5. Proposed agreements;

6. A complete list of owners of registered properties that would be directly affected by the undertaking. The list of property owners shall be the list of private and public property owners (including right-of-way owners) named in official municipal tax records and maps as of the date of submission of the application and shall be certified by the appropriate municipal official;

7. A complete list of local historical societies and historic preservation commissions in the area of the undertaking's potential impact;

8. A list of all affected local government units, any agencies or instrumentalities thereof concerned with historic preservation, and any Statewide organization and local organization specifically concerned with historic preservation in the area of the undertaking's potential impact;

9. A copy of the historic preservation element from the county/municipal masterplan if applicable;

10. If demolition of all or a substantial portion of a property is proposed, the application shall include a structural assessment and an evaluation of whether the property could be reasonably repaired, to be prepared by an architect or engineer with demonstrated experience with historic properties consistent with criteria established in the Secretary of the Interior's Professional Qualifications Standards, 36 CFR 61, Appendix, incorporated herein by reference and related guidance as part of the larger Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, incorporated herein by reference, as referenced in 36 CFR 61; and

11. An application for relocating property on the New Jersey Register shall also include the information and documentation required in N.J.A.C. 7:4-3.2(c).

(e) At the request of an applicant, the Historic Sites Council may grant the review of a project that has only been developed to a conceptual level in cases where the project involves substantial encroachment through new construction and/or demolition (stage 1) and subsequent compatible design of new construction (stage 2). The scope of work for the project shall be consistent in both phases and shall be distinguished solely by the level of detail/completeness to which it has been developed. Project phasing is appropriate in cases where it would not be prudent to expend funds on stage 2 work without stage 1 approval. Each application seeking such review shall contain the information specified at (d) above.

N.J. Admin. Code § 7:4-7.1

Amended by R.1997 d.373, effective 9/15/1997.
See: 29 N.J.R. 2503(a), 29 N.J.R. 4103(b).
In (d), inserted second and fourth sentences.
Amended by R.2003 d.110, effective 3/17/2003.
See: 34 N.J.R. 3161(a), 35 N.J.R. 1410(a).
Rewrote (d).
Amended by R.2008 d.261, effective 9/2/2008.
See: 40 N.J.R. 1428(a), 40 N.J.R. 4945(b).
In (a)1 and (a)3, substituted "Historic Preservation Office" for "Department"; in (a)2, inserted "at http://www.state.nj.us/dep/hpo/1identify/nrsr_lists.htm"; rewrote (d); and added (e).