N.J. Admin. Code § 14:8-12.3

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

Section 14:8-12.3 - Siting prohibitions

(a) CSI-eligible facilities are prohibited from locating on the following land types (collectively "prohibited land uses"), unless they receive a waiver pursuant to N.J.A.C. 14:8-12.6:

1. Land preserved pursuant to the Green Acres Program, as defined at N.J.A.C. 7:36;

2. Land located within the preservation area of the Pinelands area, as designated in subsection b. of section 10 at P.L. 1979, c. 111 (N.J.S.A. 13:18A-11);

3. Land designated as forest area in the Pinelands Comprehensive Management Plan adopted pursuant to P.L. 1979, c. 111 (N.J.S.A. 13:18A-1 et seq.);

4. Land designated as freshwater wetlands, as defined pursuant to P.L. 1987, c. 156 (N.J.S.A. 13:9B-1 et seq.), or coastal wetlands, as defined pursuant to P.L. 1970, c. 272 (N.J.S.A. 13:9A-1 et seq.);

5. Lands located within the Highlands preservation area, as designated in subsection b. of section 7 at P.L. 2004, c. 120 (N.J.S.A. 13:20-7b);

6. Forested land and associated transition zones; and

7. Covered agricultural lands in excess of the Statewide threshold of 2.5 percent of such soils, as set forth at N.J.A.C. 14:8-12.4.

(b) In determining whether a CSI-eligible facility is proposed to be sited on forested land, the following will apply:

1. Any roadside, streamside, or shelterbelt strips of trees shall constitute forested land if it has a width of at least 120 feet and a continuous length of at least 363 feet.

2. The presence of unimproved roads and trails, streams, or clearings in forested land shall not act to change the character of forested land, unless such roads, trails, streams, or clearings are more than 120 feet wide or larger than one acre in size.

N.J. Admin. Code § 14:8-12.3

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