N.J. Admin. Code § 14:8-12.5

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

Section 14:8-12.5 - Calculating the Statewide limit and county thresholds for solar development on prime agricultural soils and soils of Statewide importance located within agricultural development areas in New Jersey

(a) The Board will utilize the United States Department of Agriculture Natural Resource Conservation Service data, as reflected in the Soil Survey Geographic Database/SSURGO, to perform the calculations set forth in this section.

(b) The Committee shall provide the aggregated GIS data layer identifying ADAs, as delineated by the county agriculture development boards and certified by the Committee.

(c) The Board will perform a spatial analysis using GIS to determine:

1. The total acreage of land within ADAs at both the State and county level;

2. The total acreage of land containing prime agricultural soils or soils of Statewide importance, as identified by the United States Department of Agriculture's Natural Resources Conservation Service; and

3. Land classified as "agriculture" in Level 1 of the Modified Anderson classification system within the most recent Land Use/Land Cover GIS data layer produced by the NJDEP.

(d) To calculate the two and one-half percent Statewide threshold, the Board will:

1. Determine the spatial distribution and acreage values for prime soils and soils of Statewide importance within each ADA that are assigned as "agriculture" in Level 1 of the Modified Anderson classification system within the most recent land use/land cover GIS data layer produced by the NJDEP;

2. Aggregate these values Statewide; and

3. Multiply the sum of these values by 0.025. The resulting number shall represent the maximum acreage of covered agricultural lands that can be used to host solar Statewide in the absence of an approved waiver.

(e) To calculate the county-by-county five percent county development limit, the Board will:

1. Determine the prime soils and soils of Statewide importance within each ADA that are assigned an "agricultural" designation in Level 1 of the Modified Anderson classification system within the most recent Land Use and Land Cover Classification System maps produced by the NJDEP;

2. Exclude areas designated as preserved farmland, Highlands, Pinelands, Green Acres, and State, Local, and Nonprofit Open Space;

3. Aggregate these designated land areas by county; and

4. Multiply each county value by 0.05. The resulting number shall represent the maximum acreage of covered agricultural lands located upon which CSI-eligible facilities may be sited in that county.

(f) The Board, in consultation with the Secretary of Agriculture, shall track and record the calculations set forth in this section and the calculations for cumulative solar development, pursuant to N.J.A.C. 14:8-12.4 and shall update the figures at least annually, which calculations shall be made available to the public by posting them to the Board's website.

N.J. Admin. Code § 14:8-12.5

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