N.J. Admin. Code § 7:13-4.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:13-4.2 - Determining if a riparian zone is forested or unforested

(a) This section specifies the process for determining if an area is classified as forested or unforested. Once an area is determined to be forested in accordance with (b) or (c) below, the limit of the forested area is determined pursuant to (d) below.

(b) To determine if a riparian zone or portion of a riparian zone is forested:

1. The limit of the forest shall be identified using aerial photographs obtained from the Department at http://www.nj.gov/dep/gis; and

2. If the aerial photograph contains areas of sporadic coverage that have not been identified as forest by the applicant, the applicant shall overlay a one-half acre grid system provided by the Department on its website at http://www.nj.gov/dep/landuse/guidance.html. For any grid block containing 33 percent or greater forest cover, the limit of the forested area shall be determined pursuant to (d) below, unless the applicant demonstrates in accordance with (c) below that the size and density of the trees in the area are not sufficient for the area to be considered forest.

(c) If the Department identifies forest areas within a riparian zone that have not been so identified by the applicant, or the applicant disputes the identification of an area as forested area in accordance with (b)2 above, the applicant shall measure the trees and determine the density of the trees on the lot using the following method:

1. Select two 25-foot by 25-foot plots in each acre of the site as follows:

i. The plots shall be located in the portion of each acre with the highest density of trees, based on a visual inspection;

ii. If the tree size and density are uniform over some or all of the site, one 25-foot by 25-foot plot may be selected within the area of uniformity. Where only one plot is measured, the point total from the one plot shall be doubled to determine the total point value for the sampled acre under (b)5 below;

2. In each plot, measure the diameter of each tree at four and one-half feet above ground;

3. Score each tree as follows:

Diameter of Tree	Points
One to three inches	2
>Three to seven inches	4
>Seven to 12 inches	6
>12 inches	8

4. Add together the scores for all of the trees in each of the plots;

5. If the total score for both plots is equal to or greater than 16, the sampled acre is considered to be forested, with the limit of the forested area to be determined pursuant to (d) below. For example, if the two 25-foot by 25-foot plots contain a total of three trees which are two inches in diameter, two trees which are six inches in diameter, and one tree which is 15 inches in diameter, the score for the sampled acre would be: (3x2)+(2x4)+(1x8)= 22, and the sampled acre is considered forested;

6. If a sampled acre is forested, an area totaling one-half acre (21,780 square feet) surrounding the sampled acre shall also be considered to be forested with the limit of the forested area to be determined pursuant to (d) below, except for the surrounding areas that are sampled by the applicant and score under 16 utilizing the analysis specified in (c)1 through 5 above. In that case, a sufficient number of plots shall be sampled to delineate the forested portion of the surrounding area; and

7. If a plot is unforested, an area totaling one-half acre (21,780 square feet) surrounding the plot shall also be considered unforested, unless a site visit, photographs, or other information indicates that it contains forested areas.

(d) The limit of the forested area shall be the outermost edge of the canopy of the forest within the areas identified in (b) and (c) above, including the portion of the canopy of the forest that extends outside of the area analyzed pursuant to (b)2 or (c) above.

N.J. Admin. Code § 7:13-4.2

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016

Administrative Change, 51 N.J.R. 1193(a).