N.J. Admin. Code § 7:50-6.66

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

Section 7:50-6.66 - Specific limitations in the Forest Area

(a) No development permit or other approval for resource extraction in the Forest Area shall be approved or issued after December 5, 1994 except as expressly authorized in (b) and (c) below.

(b) An operation which received a valid development approval pursuant to the provisions of this Plan for resource extraction on or after January 14, 1981 but prior to December 5, 1994 may continue to operate, subject to the terms and conditions of the approval. Upon expiration of the approval, extraction operations may be authorized to continue within the limits of the parcel or parcels which were identified in the resource extraction application which was approved pursuant to this Plan.

(c) Any land for which a valid development approval pursuant to the provisions of this Plan for resource extraction was not issued between January 14, 1981 and December 31, 1992 may be authorized to undertake extraction operations only if a development permit was approved prior to December 5, 1994. In such cases, extraction operations may operate subject to the terms and conditions of the approval. Upon expiration of the approval, extraction operations may continue only within the areas mined and not restored as of the expiration date of the approval.

(d) Resource extraction operations shall be considered nonconforming uses in the Forest Area and, as such, shall be subject to the requirements of N.J.A.C. 7:50-5.2(a).

N.J. Admin. Code § 7:50-6.66

New Rule, R.1994 d.590, effective 12/5/1994.
See: 26 N.J.R. 165(a), 26 N.J.R. 4795(a).
Amended by R.2007 d.372, effective 12/3/2007.
See: 39 N.J.R. 1970(a), 39 N.J.R. 5077(b).
In (c), substituted "was not" for "has not been" following "extraction" and "was" for "is" following "permit"; and added (d).