N.J. Admin. Code § 7:5A-1.9

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

Section 7:5A-1.9 - Interim management practices

(a) Interim management practices shall be implemented by the administering agency, provided that:

1. The practice will have no direct or indirect adverse impact on natural features of concern and will further the management objective of the natural area;

2. Approval of the Commissioner is not required by provision elsewhere in this subchapter; and

3. The practice is consistent with terms of any conservation easement held by the Department.

(b) Interim management practices listed at (e) or (f) below that require the approval of the Commissioner shall first be submitted to the Council for its review and recommendation.

(c) Upon finding that an interim management practice listed below at (e) or (f) would be detrimental to achieving a specific management objective, the Council shall recommend to the Commissioner the substitution of a more appropriate interim management practice. Should the Commissioner concur with the recommendation of the Council, the Commissioner may approve substitution of a more appropriate interim management practice.

(d) Where there are conflicts between general practices described below at (e) and practices specific to a natural area classification described below at (f), the latter shall apply.

(e) The following interim management practices apply generally to all natural areas upon designation to the System unless and until superseded by the provisions of an approved management plan:

1. Natural area boundaries shall be made clearly evident by posting signs at a maximum density of 10 signs per mile; entrance points shall be posted to indicate to users that they are entering a natural area; boundary signs shall be of a standard size and format as provided by the Department;

2. Boundary fences that are needed to protect the natural area may be installed provided the fence shall not have a detrimental effect on the movement of wildlife, or other natural conditions;

3. Vehicular access lanes may be maintained within a natural area but may not be enlarged in any manner except upon approval of the Commissioner.

4. Existing firebreaks within a natural area may be maintained for public health and safety purposes; temporary firebreaks made by mowing, raking, plowing or wetting, may be used in conjunction with prescribed burning for habitat management;

5. Existing structures may be maintained in a natural area; new structures and enlargement of existing structures may be undertaken upon approval by the Commissioner, provided the structures directly or indirectly contribute to the management objective; new structures, of a temporary nature, may be constructed for research purposes in accordance with 7:5A-1.10;

6. No measures, such as cutting of grass, brush, or other vegetation, thinning of trees, removal of fallen logs, opening of scenic vistas, or planting, shall be taken to alter natural processes or features for the purpose of enhancing the beauty or neatness of a natural area;

7. No measures, such as control of annoying or biting insects, shall be taken solely to alleviate nuisances or annoyances to visitors of natural area, except when approved by the Commissioner;

8. Except as otherwise provided in this section, there shall be no introduction, removal or consumptive use of any material, product, or object to or from a natural area; prohibited activities include grazing by domestic animals, farming, gathering of plants or parts thereof, mining or quarrying, and dumping, burying, or spreading of garbage, trash, or other materials; structures or materials may be removed as follows:

i. Old interior fences may be removed, giving consideration to leaving posts to mark boundaries between former land uses;

ii. Rubbish or any other waste material may be removed; and

iii. Structures having no historic, scientific or habitat value may be demolished and removed unless such structures are deemed essential for administrative or interpretive purposes;

9. Water levels within a natural area shall not be altered except to restore water levels which have been altered due to sudden natural phenomena or man-induced conditions off-site, but routine repairs to existing water control structures may be undertaken;

10. All wildfires shall be brought under control; after a fire within a natural area, there shall be no cleanup or replanting except as approved by the Commissioner to achieve the management objective or for reasons of health and safety;

11. Prescribed burning, to eliminate safety hazards and to manage habitat, may be conducted upon approval of a proposal for prescribed burning by the Commissioner; use of vehicles and equipment shall be specified in the proposal for prescribed burning;

12. Habitat manipulation or restoration may be undertaken if preservation of a particular habitat type or species of native flora or fauna is included in the management objective of the natural area and upon approval by the Commissioner of a specific habitat manipulation or restoration plan;

13. Gypsy moth control activities may be implemented upon a determination by the State Forester that egg mass counts and prior year defoliation will result in severe tree mortality without intervention, and after approval of a gypsy moth control plan by the Commissioner; to the extent practicable, biological controls, rather than chemical means, shall be used to control gypsy moths;

14. There shall be no physical manipulation of a natural area or application of chemicals known as adulticides for the purpose of controlling mosquitoes; the application of larvicides may be permitted in salt marshes only and only as follows:

i. The application of Bacillus thuringensis var.israeliensis (BTI) may be initiated by mosquito control agency anytime; and

ii. The application of other larvicides may be initiated upon approval by the Commissioner of a specific mosquito control plan submitted by a mosquito control agency; the plan shall identify the specific area where an application will be made, the types and amount of larvicide to be applied, the need for the application, and the reason why BTI cannot be used for this application;

15. Control of invasive species by biological, mechanical, or chemical methods may be performed upon approval of an invasive species control plan by the Commissioner;

16. Research activities and the collection of specimens may only be conducted in accordance with 7:5A-1.10 and upon approval of the administering agency;

17. The introduction of invasive species is prohibited;

18. The sale, removal, or destruction of "timber" as defined at 7:5A-1.3 is prohibited; and

19. Public use of natural areas shall be allowed only to the extent and in a manner that will not impair natural features; the administering agency may restrict access and use as necessary to protect the natural area. The following are permissible public uses of natural areas:

i. Hunting, trapping, and fishing are permitted in accordance with N.J.A.C. 7:25-5 and 7:25-6; except for the stocking of fish and game, habitats may not be manipulated for the purpose of enhancing hunting, trapping, or fishing;

ii. Occasional camping along trails, boating, including motorized boating, and swimming may be permitted in specified locations of natural areas in accordance with N.J.A.C. 7:2-2, 7:2-5, 7:2-7, 7:2-8, and 7:25-2, and are further limited as follows:

(1) No permanent structures may be erected;

(2) No motorized methods of camping are permitted;

(3) Trailside shelters of the type called lean-tos are permitted, but there may not be two such shelters within three miles of each other; and

iii. Trails may be constructed and maintained as follows:

(1) Construction of new trails may be initiated subsequent to approval of a trail plan by the Commissioner. Maintenance of existing trails may be conducted upon approval of the administering agency;

(2) Rare plants or other significant features, the protection or preservation of which is consistent with the management objective of a natural area, may not be removed for the purpose of maintaining existing or constructing new trails;

(3) To the extent possible, natural materials shall be used on and along trails; and

(4) Trail blazes may be used to mark trails; and

iv. All pets shall be kept caged or leashed and under immediate control of the owner except that dogs used while legally hunting shall be exempt from the leashing requirement.

(f) The following interim management practices, unless superseded by an approved management plan, apply to the appropriate specified natural area classifications:

1. Interpretive structures may be installed except within ecological reserves;

2. Existing vehicular access lanes may not be enlarged in any manner within an ecological reserve;

3. New vehicular access lanes may be constructed only within buffer areas and upon approval by the Commissioner;

4. The alteration of natural processes or features for the purpose of enhancing public use of the natural area may be conducted by the administering agency only within buffer areas; and

5. The following management practices shall not be permitted within ecological reserves:

i. Construction of new, existing, or temporary firebreaks;

ii. Construction of new trails;

iii. Alteration or restoration of water levels;

iv. Prescribed burning;

v. Erosion control measures; and

vi. Manipulation of vegetation and wildlife habitats.

N.J. Admin. Code § 7:5A-1.9

Amended by R.1992 d.77, effective 2/18/1992.
See: 23 New Jersey Register 1985(b), 24 New Jersey Register 581(b).
Consolidated (f)5 and (e)5 to clarify that construction and alteration of structures located within natural areas may be undertaken as an interim management practice only upon approval by the Commissioner, and to expand the scope of this interim management practice from buffer areas to all natural areas; (e)12 revised to specify that habitat manipulation within a natural area as an interim management practice requires approval by the Commissioner of a specific habitat manipulation plan.
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.1998 d.308, effective 6/15/1998.
See: 30 New Jersey Register 897(a), 30 New Jersey Register 2207(a).
In (a), added "and will further the management objective of the natural area" at the end of 1, deleted former 2, and recodified former 3 and 4 as 2 and 3; and rewrote (e).
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 (e) and (f).