N.J. Admin. Code § 7:27-2.9

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

Section 7:27-2.9 - Herbaceous plant life and hedgerows

(a) The Department may issue a permit for the open burning, on the premises where grown, of herbaceous plant life and plant life growing in hedgerows, except in any municipality which prohibits such burning, when the premises are actively in use for raising food crops or salt hay for commercial purposes and on a commercial scale and where no other effective method of disposal can be used without causing damage, economic or otherwise, to environmental or natural resources.

(b) The permit will be issued only in accordance with a plan approved by and under the control and supervision of the Bureau of Forest Fire Management.

(c) The permit will be conditioned upon the confirmation with the Bureau of Forest Fire Management of favorable meteorological and air quality conditions on the day the open burning will be conducted.

(d) The permit may also be conditioned upon any requirements which the Department deems to be necessary and is revocable at the discretion of the Department.

(e) The permit may be issued for a period not to exceed seven days or for a period not to exceed 90 days or for a period not to exceed one year, and no open burning shall commence until a permit is issued and current.

(f) Any person seeking a permit for the open burning of herbaceous plant life or hedgerows shall file with the Bureau of Forest Fire Management a permit application on a form provided by the Department which sets forth the following and any other information requested by the Department:

1. The name, address and telephone number of the persons submitting the permit application; if such person is a legal entity, the name, title and address of the individual authorized to accept service of process on its behalf and the name of the officer in charge of the premises where the open burning is to take place;

2. The name and address of the owner of the premises where the open burning is to take place;

3. Municipal restrictions on open burning;

4. The exact location of the premises on which the herbaceous plant life or hedgerows will be burned;

5. The nature of the business or activity involved and the use being made of the premises;

6. A detailed plan describing the nature and quantity of herbaceous plant life or hedgerows and how the open burning is to be done, including whether it is to take place in a single instance or the frequency if intermittent; and

7. Reasons why no other effective method of disposal can be used without causing damage, economic or otherwise, to environmental or natural resources.

N.J. Admin. Code § 7:27-2.9

As amended, R.1981 d.135, effective 5/7/1981 (to become operative June 7, 1981).
See: 12 New Jersey Register 690(a), 13 New Jersey Register 264(a).
Catchline: "and hedgerows" added.
(a): "of herbaceous plant life" after "open burning" deleted, and "of herbaceous plant life and plant life growing in hedgerows" added.
(b): "Forest Fire Management" was "Forestry, Forest Fire Service".
(c): "Forestry, Forest Fire Service", and "and air quality" added.
(e): "single event" deleted and "period not to exceed seven days" added; "to exceed 90 days, or for a period not to exceed one year" added and "exceeding 60 days" deleted.
(f): "or hedgerows" added; "Forest Fire Management" was "Forestry, Forest Fire Service".
(f)4 and 6: "or hedgerows" added.
Administrative Correction in (a) changed combined to commercial; in (f) added or hedgerows.
See: 23 New Jersey Register 1166(b).