N.J. Admin. Code § 2:20-10.5

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

Section 2:20-10.5 - Right of access

(a) Duly authorized representatives of the Department, the USDA, or their agents may enter upon any lands or premises, public or private, within the State, for the purpose of conducting necessary inspections and surveys for Spotted Lanternfly, for the removal and treatment of condemned host trees, to undertake eradication measures for the Spotted Lanternfly, and to determine compliance.

1. Prior to carrying out any treatment procedure, the Department shall notify the property owner in writing with a Notice of Infestation-Treatment Order. Any agent of the Department or USDA is authorized to enter the premises during reasonable hours to carry out the eradication or control measures.

2. Pursuant to any Notice of Infestation-Treatment Order, and any addendums thereto, the property owner shall take the following treatment actions:

i. The property owner shall allow control procedures to occur to eliminate any life stage of the Spotted Lanternfly on the property;

ii. Control procedures may include tree banding, pesticide application, or removal of any Tree of Heaven, or any combination thereof, to reduce the available host of the Spotted Lanternfly and to decrease the population of Spotted Lanternfly. All control procedures shall conform with methods approved by the Department and USDA Animal and Plant Inspection Services Plant Protection and Quarantine, in addition to all applicable Federal, State, and municipal laws and ordinances;

iii. Control work shall be performed by a contractor under agreement with the USDA APHIS to carry out the necessary control procedures on the owner's property;

iv. Property owners may be requested by the Department to remove and dispose of host trees, such as Tree of Heaven. The cost of any such removal shall be the responsibility of the property owner; and

v. The obligation of the property owner to allow control of the Spotted Lanternfly by State- or Federally contracted licensed pesticide applicators shall continue, so long as the Spotted Lanternfly exists on the property.

(b) The Department will continue to survey and monitor all properties within the quarantine areas set forth in N.J.A.C. 2:20-10.4, and any other areas identified within the State as having Spotted Lanternfly, until such quarantine area is rescinded. The Department, USDA, or its agents may enter onto any premises within the quarantine areas or any Notice of Infestation-Treatment Order, or any subsequent addendums thereto, to survey, collect samples, investigate, determine compliance, and carry out eradication or control measures, where necessary. Persons interfering with or obstructing the Department or an inspector or agent in the conduct of inspections, surveys, treatments, and removals for Spotted Lanternfly shall be subject to the sanctions provided by N.J.S.A. 4:7-13, 14, and 18, incorporated herein by reference.

N.J. Admin. Code § 2:20-10.5

Adopted by 50 N.J.R. 2235(a), effective 9/27/2018