N.J. Admin. Code § 16:41F-4.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:41F-4.2 - General conditions

(a) An approved VCM Plan shall be valid for a period of five years from the issuance of the highway occupancy permit.

(b) An approved VCM Plan shall be implemented in accordance with the ANSI A300 Standards.

(c) A VCM Plan shall be authorized for the following regulated areas only if the applicant has obtained any required permits, approvals, or notices:

1. Within wetlands or wetland transition areas;

2. Within a flood hazard area;

3. Within a flood hazard riparian zone; and

4. Within an area designated as critical habitat for a Federal or State threatened or endangered species.

(d) Where tree removal or pruning results in an area of vegetation canopy removal that exceeds one-half acre, as measured pursuant to the No Net Loss Reforestation Act, compensation shall be provided in compliance with the act, as determined by the Department.

(e) Where the tree or shrub removal or pruning results in an area of vegetation canopy removal that is less than one-half acre, compensation regarding the replacement tree or shrub size, species, and location, shall be as determined by the Department.

(f) If the proposed VCM Plan disturbs more than 5,000 square feet of soil, the applicant must prepare a soil erosion and sediment control plan and obtain approval of that plan from the appropriate Soil Conservation District.

(g) Trees of the size and type listed at N.J.A.C. 16:41F Appendix 2, Table 1 can be selectively removed only when approved by the Department, and compensation is provided by supplemental plantings on site, or at a location determined by the Department.

(h) Evergreen trees may be removed only when approved by the Department.

(i) Thinning shall result in an even distribution of branches on individual limbs and throughout the crown.

(j) Pruning is restricted to cleaning, crown raising, crown reduction, and crown thinning.

(k) Crown raising may remove a maximum of 25 percent of a tree's leaf-bearing crown.

(l) Reducing a tree's size using heading cuts that shorten limbs or branches back to a predetermined crown limit, or severing the leader or leaders, or pruning a tree by stubbing of mature wood, shall not be permitted.

(m) Trees or shrubs damaged during implementation of a VCM Plan shall be replaced. The replacement tree or shrub size, species, and location shall be determined by the Department.

N.J. Admin. Code § 16:41F-4.2

Adopted by 47 N.J.R. 1982(a), effective 8/3/2015

Amended by 55 N.J.R. 203(a), effective 2/6/2023