N.J. Admin. Code § 7:5A-1.6

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

Section 7:5A-1.6 - Natural Areas designation

(a) To qualify for designation to the System, a site must be:

1. Listed on the Register; and

2. Wholly or partially owned in fee or held as a conservation easement by the State.

(b) Upon request of the Commissioner or a majority vote of the Council, the Department shall undertake a study of a Register site to assess appropriateness of designation as a natural area. This designation study shall include, but not be limited to, the following analyses:

1. The overall quality of the site including:

i. The inherent ability to perpetuate the feature(s) of concern;

ii. The size of the site necessary to perpetuate the feature(s) of concern;

iii. The size of the population(s) at the site sufficient to assure perpetuation of biotic features of concern; and

iv. The integrity of the site in terms of its ability to significantly illustrate the feature(s) of concern;

2. The significant diversity of biotic features and the number of plant or animal species, or both, per community;

3. The relative scarcity or uniqueness of plant and animal species, community types, and wildlife habitats;

4. The presence and quality of surrounding buffer areas to provide protection and insure the integrity of the site;

5. The degree of disturbance or potential threat, directly or indirectly, from one or more of the following:

i. Highways, roads, or railroads;

ii. Housing or commercial development;

iii. Industrial use;

iv. Military use;

v. Utility lines or rights-of-way;

vi. Visitor use;

vii. Active recreational use;

viii. Flooding or erosion; and

ix. Invasive species;

6. The ability of an administering agency to adequately manage the site or enter into a management agreement with others, to preserve the integrity of the natural features including such factors as cost, usability, boundaries, and accessibility;

7. The degree of threat to the public health, safety, and welfare which may be encountered as a result of terminating existing uses or activities; and

8. The identification of preliminary boundaries of the area in the form of a site map to be refined upon approval of a management plan.

(c) Upon review of the designation study and comments from the administering agency, the Council shall submit a recommendation to the Commissioner for designation of the land in question to the System. The Council's recommendation shall include:

1. A management objective for the area;

2. A summary of qualifications of the site related to quality, diversity, and scarcity of the feature or species and potential management practices which may be necessary to ensure preservation; and

3. An interim classification for the area as provided in N.J.A.C. 7:5A-1.7.

(d) If the Commissioner agrees with the Council's recommendation, the Department shall publish a notice of public hearing in the New Jersey Register and hold a public hearing on the proposed designation, in accordance with N.J.S.A. 13:1B-15.12a4.

(e) The Commissioner shall review the comments from the public, if any, and shall take the following action on the proposed designation:

1. Approve, subject to Gubernatorial concurrence;

2. Make changes to the proposed designation in consultation with the Council and approve subject to Gubernatorial concurrence; or

3. Request the Council's reconsideration of the recommendation for designation.

(f) The Department shall publish in the New Jersey Register a notice of administrative change revising N.J.A.C. 7:5A-1.13 each time a natural area or portion of a natural area is designated in accordance with this section.

(g) The process set forth at (c) through (f) above for designation of a natural area to the System shall apply when a natural area, or portion of a natural area, is removed from the System.

N.J. Admin. Code § 7:5A-1.6

Amended by R.1992 d.77, effective 2/18/1992.
See: 23 N.J.R. 1985(b), 24 N.J.R. 581(b).
Revised to clarify that a site held by the Department under a conservation easement is eligible for designation to the System.
Amended by R.1993 d.350, effective 7/19/1993.
See: 25 N.J.R. 1350(a), 25 N.J.R. 3150(a).
Amended by R.1998 d.308, effective 6/15/1998.
See: 30 N.J.R. 897(a), 30 N.J.R. 2207(a).
In (b), deleted former 8, and recodified former 9 as 8.
Amended by R.2004 d.463, effective 12/20/2004.
See: 36 N.J.R. 3008(a), 36 N.J.R. 3463(a), 36 N.J.R. 5670(a).