N.J. Admin. Code § 14:8-12.2

Current through Register Vol. 56, No. 21, November 4, 2024
Section 14:8-12.2 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Agricultural development area" or "ADA" means an area identified by a county agriculture development board, pursuant to the provisions at N.J.S.A. 4:1C-18, and certified by the State Agriculture Development Committee.

"Committee" means the State Agriculture Development Committee created pursuant to P.L. 1983, c. 31 (N.J.S.A. 4:1C-4).

"County concentration limit" means five percent of the area of unpreserved covered agricultural lands in a single New Jersey county.

"Covered agricultural land" means all land containing prime agricultural soils or soils of Statewide importance, as identified by the U.S. Department of Agriculture's Natural Resources Conservation Service, located within an individual county's designated agricultural development area, as determined by the Committee.

"Cumulative solar development" means the total number of acres of covered agricultural lands that are used to host CSI-eligible facilities, including those registered with the Board and those that have been constructed after implementation of the CSI Program.

"Forested land" or "forestland" means land that is at least 1.0 acre in size and 120.0 feet wide and that has, or has had within the past 10 years, at least 10 percent crown cover by live tally trees of any size or at least 10 percent canopy cover of live tally species, based on the presence of stumps, snags, or other evidence. Forested land includes transition zones, such as areas between forest and nonforestland that meet the minimal tree stocking/cover and forest areas adjacent to urban and built-up lands.

"Prime agricultural soils" shall have the meaning as identified by the United States Department of Agriculture's Natural Resources Conservation Service (NRCS) as available through the NRCS websoil survey (http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm).

"Soils of Statewide importance" shall have the meaning as identified by the United States Department of Agriculture's Natural Resources Conservation Service (NRCS) as available through the NRCS websoil survey (http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm).

"Statewide threshold" means two and one-half percent of the Statewide area of covered agricultural lands.

"Transition zone" means an area between forested land and non-forestland that meets the minimal tree stocking or tree cover level, forest areas adjacent to urban and built-up lands, or other land that is adjacent to both forested land and to non-forested land.

"Wetlands" means those areas regulated by the NJDEP pursuant to N.J.A.C. 7:7 and 7:7A, or the Army Corps of Engineers. Included in this category are naturally vegetated swamps, marshes, bogs, and savannas that are normally associated with topographically low elevations, but may be located at any elevation where water perches over an aquiclude.

N.J. Admin. Code § 14:8-12.2

Adopted by 55 N.J.R. 2015(a), effective 9/18/2023