N.J. Admin. Code § 7:5A-1.8

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

Section 7:5A-1.8 - Natural area management plans

(a) Management and uses of natural areas shall be subject to:

1. Interim management practices conducted by the administering agency as provided in N.J.A.C. 7:5A-1.9;

2. Management practices requiring approval by the Commissioner as provided in N.J.A.C. 7:5A-1.9; or

3. A management plan approved by the Commissioner specifying uses, activities, or management.

(b) The Department, with the cooperation of the administering agency, shall prepare a management plan for each natural area in the System. The primary purpose of a management plan is to describe the natural features of the area and prescribe management practices and public uses to ensure preservation in accordance with the management objective of the natural area.

(c) An approved management plan may supersede the interim management practices listed at N.J.A.C. 7:5A-1.9, if the Commissioner determines through his or her approval of the management plan that the practices in the management plan more specifically address the requirements of the management objective for that area. Any interim management practice listed at N.J.A.C. 7:5A-1.9 and not specifically addressed or superseded by the approved management plan for the area shall remain in effect in a natural area following approval of the management plan.

(d) Each management plan shall include, but not be limited to:

1. A site description identifying the physical features, natural communities, and species composition of the area;

2. A description of the existing uses and activities;

3. A description of existing rights-of-way which are to be expected from the boundaries;

4. Any management practices that will contribute towards preservation in accordance with the management objective;

5. An analysis of public uses and their impact on the natural area including:

i. Ecological research and study;

ii. Public interpretation, observation, and study of the natural communities, species, and ecosystems; and

iii. Recreational activities; and

6. An evaluation of the current boundaries and changes, if necessary, to achieve preservation in accordance with the management objective.

(e) A draft management plan shall be reviewed by the administering agency and the Department prior to submission to the Council.

(f) The Council shall review the draft management plan and the comments of the administering agency at a meeting for which notice has been provided in the New Jersey Register. Based on the meeting, the Council shall request additional information or recommend to the Commissioner that the plan be approved.

(g) If the administering agency disagrees with the recommendation of the Council, the recommendations of each shall be forwarded to the Commissioner for a final decision.

(h) The Commissioner shall review the draft management plan, the recommendation of the Council, and the recommendation, if any, of the administering agency and shall take the following action on the draft management plan:

1. Approve the draft management plan as the management plan for the natural area; or

2. Request the Council and the Division's reconsideration of the draft management plan, after which the Council and the Division may resubmit the draft management plan for the Commissioner's approval.

(i) An approved management plan for a natural area may be revised subject to the following:

1. The Council shall review any proposed revisions to an approved management plan, and the comments of the administering agency on the proposed revisions, at a meeting for which notice has been provided in the New Jersey Register. Based on the meeting, the Council shall request additional information or recommend to the Commissioner that the proposed revisions be approved.

2. If the administering agency disagrees with the recommendation of the Council, the recommendations of each shall be forwarded to the Commissioner for a final decision.

3. The Commissioner shall review the revised management plan, the recommendation of the Council, and the recommendation, if any, of the administering agency, and shall take the following action on the revised management plan:

i. Approve the revised management plan as the management plan for the natural area; or

ii. Request the Council and the Department's reconsideration of the revised management plan, after which the Council and the Division may resubmit the revised management plan for the Commissioner's approval.

N.J. Admin. Code § 7:5A-1.8

Public notice: Allamuchy Natural Area Management Plan approved by Commissioner on May 24, 1989.
See: 21 New Jersey Register 1748(e).
Public Notice: Management plan for the Swimming River Natural Area.
See: 23 New Jersey Register 3180(c).
Amended by R.1992 d.77, effective 2/18/1992.
See: 23 New Jersey Register 1985(b), 24 New Jersey Register 581(b).
New (c) added and (e) has been modified to clarify the relationship of an adopted management plan for a natural area to the interim management practices; new (h) and (i) added to establish a procedure for adopting a management plan for a natural area; recodification.
Amended by R.1993 d.350, effective 7/19/1993.
See: 25 New Jersey Register 1350(a), 25 New Jersey Register 3150(a).
Amended by R.2004 d.463, effective 12/20/2004.
See: 36 New Jersey Register 3008(a), 36 New Jersey Register 3463(a), 36 New Jersey Register 5670(a).
Rewrote the section.