N.J. Admin. Code § 7:27-2.11

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:27-2.11 - Land clearing

(a) The Department may issue a permit for the open burning of plant life on the premises where grown, except in any municipality which prohibits such burning, upon a finding of merit in an affidavit, filed by the owner of such premises, which provides certification that:

1. No other effective method of disposal can be used without causing damage, economic or otherwise, to environmental or natural resources; and

2. The premises to be cleared by open burning will be used exclusively for commercial agricultural purposes for a period of at least five years after such open burning.

(b) Such affidavit shall become a part and condition of any permit approved pursuant to the provisions of this section.

(c) The permit will be issued in accordance with a plan approved by and under the control and supervision of the Bureau of Forest Fire Management.

(d) The permit will be conditioned upon confirmation with the Bureau of Forest Fire Management of favorable meteorological and air quality conditions on the day the open burning will be conducted.

(e) The permit may also be conditioned upon any requirements which the Department deems necessary and is revocable at the discretion of the Department.

(f) The permit may be issued for a period not to exceed 90 days and no open burning shall commence until a permit is issued and current.

(g) The permit will be limited to a land area not to exceed 25 acres.

(h) Any person seeking a permit to clear land by open burning shall provide such information as requested by the Department and shall file with the Bureau of Forest Fire Management a permit application on a form provided by the Department.

(i) No more than one permit pursuant to the provisions of this section will be issued in any one calendar year for a given premise.

(j) No person shall cause, suffer, allow, or permit the use of land cleared by open burning pursuant to the provisions of this section for any purpose other than commercial agriculture for a period of five years after such open burning.

(k) No person shall cause, suffer, allow or permit open burning pursuant to the provisions of this section in an area which is designated non-attainment for total suspended particulates, or in a Class I area, or within six kilometers of such areas.

N.J. Admin. Code § 7:27-2.11

As amended, R.1981 d.135, effective 5/7/1981 (to become operative June 7, 1981).
See: 12 New Jersey Register 690(a), 13 New Jersey Register 264(a).
Rule concerning "Fees" deleted and rule concerning "land clearing" substituted therefor.