N.J. Admin. Code § 7:22-10.2
In addition to the words and terms defined at N.J.A.C. 7:22-3, 4, and 6 and 7:22A-1, the following words and terms are defined for the purposes of this subchapter:
"Administrative action" means Department approval of planning or design documents or offer of award for financial assistance.
"Agricultural Development Areas" means those areas designated as such pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq.
"Cultural resource" means any prehistoric or historic district, site, building, structure, or object listed in or eligible for listing in the New Jersey Register of Historic Places established pursuant to N.J.S.A. 13:1B-15.128 et seq., or the National Register of Historic Places, established pursuant to 16 U.S.C. 470a(6) (1982). Eligibility criteria for listing on the New Jersey Register of Historic Places are set forth at N.J.A.C. 7:4-1. Eligibility criteria for listing on the National Register of Historic Places are set forth at 36 CFR Part 60.6 .
"Designated habitat" means an area which has been designated as critical habitat for an endangered species in accordance with the Federal Endangered Species Act, 16 U.S.C. §§ 1531 et seq.
"Direct impact" means an impact that is associated with the location and construction of a proposed project.
"Endangered species" means a plant or animal species which has been designated as endangered pursuant to either the New Jersey Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Federal Endangered Species Act, 16 U.S.C. §§ 1531 et seq. or the Endangered Plant Species List Act, N.J.S.A. 13:1B-15.151 et seq.
"Environmentally constrained area" means areas in which development is in some way restricted including wetlands, vernal habitats, floodplains, endangered species sites or designated habitats, parks and preserves and Agricultural Development Areas.
"Environmentally critical area" means an area or feature which is of significant environmental value, including, but not limited to, wetlands, vernal habitats, floodplains, important farmlands, Agricultural Development Areas, steep slopes, endangered or threatened species and their designated habitats, important aquifer recharge areas, coastal areas, stream corridors, parks, and preserves.
"Floodplain" means the 100-year floodplain as delineated on Federal Emergency Management Agency maps or the area subject to regulation under the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 and implementing rules at N.J.A.C. 7:13, whichever is greater.
"Important farmlands" are those areas mapped as such on the United States Department of Agriculture, Soil Conservation Service, Important Farmlands maps, subject to update to reflect conversion of use.
"Indirect impact" (also known as a "secondary impact") means an impact that may be caused as a result of providing new or improved environmental infrastructure facilities, but not generally as the result of the physical construction of the facilities. Examples include new development made possible by improved environmental infrastructure and the impacts to natural areas, environmentally critical areas, water supply, water quality from nonpoint sources of pollution and air quality.
"Planning area" means that area for which an environmental infrastructure project is proposed, including the proposed service area, as well as the extent of the area which could be impacted, directly or indirectly, by the proposed project and its integrally related components, as determined by the Department, whether or not funding is sought for each individual component of the environmental infrastructure facilities system.
"Professional qualified archaeologist" means an archaeologist whose credentials satisfy the criteria as set forth in the "Secretary of Interior's Standards and Guidelines for Archeology and Historic Preservation," 48 Fed. Reg. 44,716 (September 29, 1983).
"Provenience" means the cultural association of an object as well as its horizontal and vertical location at a site or surveyed area.
"Register" means the New Jersey Register of Historic Places and/or the National Register of Historic Places.
"Service area" means that area which is intended to be served by a proposed wastewater treatment, water supply or stormwater management project in the course of the design period.
"Significant" means a subjective determination in terms of both context and intensity of effect as defined at 40 CFR Part 1508.27 .
"Threatened species" means a plant or animal species which has been designated as threatened pursuant to either the New Jersey Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., and N.J.A.C. 7:25-4 or the Federal Endangered Species Act, 16 U.S.C. §§ 1531 et seq.
"Vernal habitat" means those areas designated as such pursuant to New Jersey Freshwater Wetlands Protection Act rules, at N.J.A.C. 7:7A-1.4.
"Water supply allocation" means the amount of water identified in the water supply allocation permit issued by the Department, pursuant to N.J.S.A. 58:1A-1 et seq. and N.J.A.C. 7:19, for the diversion of 100,000 or more gallons per day of ground or surface water for more than 30 days in a consecutive 365 day period for any purpose other than agricultural or horticultural purposes.
"Wetlands" means those areas defined as wetlands under any of the following statutes and implementing rules as applicable:
1. New Jersey Coastal Wetlands Act, N.J.S.A. 13:9A-1 et seq., at N.J.S.A. 13:9A-2, (Authority of Commissioner to adopt, modify or repeal orders regulating, altering, or polluting coastal wetlands; coastal wetlands defined);
2. New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq., at N.J.S.A. 13:9B-3, (Definitions, Freshwater Wetland), N.J.A.C. 7:7A-1.4(Definitions, Freshwater wetland or wetland);
3. Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq., at N.J.S.A. 13:19-4, (Coastal Area boundaries); N.J.A.C. 7:7-9.27(Wetlands); and
4. Pinelands Protection Act, N.J.S.A. 13:18-1 et seq., at N.J.S.A. 13:18A-3, (Definitions), and N.J.S.A. 13:18A-11, (Boundaries of Pinelands and preservation areas; official state planning maps of Pinelands National Reserve, and Pinelands protection and preservation areas); N.J.A.C. 7:50-3.1(Purpose); N.J.A.C. 7:50-6.3(Wetlands), N.J.A.C. 7:50-6.4(Coastal Wetland) and N.J.A.C. 7:50-6.5(Inland wetlands).
N.J. Admin. Code § 7:22-10.2
See: 23 N.J.R. 3282(a), 24 N.J.R. 246(a).
Modified to correct several citations in the definition of wetlands.
Amended by R.1993 d.242, effective 6/7/1993.
See: 24 N.J.R. 4310(b), 25 N.J.R. 2271(a).
Modified to include species designated as endangered under the Endangered Plant Species List Act, N.J.S.A. 13:1B-15.151 et seq., in the definition of endangered species and to further clarify the definition of "planning area."
Amended by R.1993 d.409, effective 8/16/1993.
See: 25 N.J.R. 1643(a), 25 N.J.R. 3760(a).
Amended by R.1995 d.494, effective 9/5/1995.
See: 27 N.J.R. 1536(a), 27 N.J.R. 3403(a).
Amended by R.1998 d.407, effective 8/3/1998.
See: 30 N.J.R. 1144(a), 30 N.J.R. 2863(a).
Rewrote the introductory paragraph, "Indirect impact", "Planning area", and "Service area" definitions, and inserted new "Water supply allocation" definition.
Amended by R.2000 d.284, effective 7/3/2000.
See: 32 N.J.R. 363(a), 32 N.J.R. 2426(b).
In "Administrative action", substituted a reference to financial assistance for a reference to loan assistance, and in "Service area", substituted a reference to wastewater treatment, water supply and stormwater management projects for a reference to environmental infrastructure projects.
Amended by R.2006 d.22, effective 1/3/2006.
See: 37 N.J.R. 2645(a), 38 N.J.R. 139(a).
Added references to vernal habitats at "Environmentally constrained area" and "Environmentally critical area"; added new definition for "Vernal habitat".
Administrative correction.
See: 49 N.J.R. 2530(a).