N.J. Admin. Code § 7:50-6.44

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:50-6.44 - Application requirements

(a) The filing of an application with the Pinelands Commission pursuant to 7:50-4.13 or 4.33 for forestry operations on those parcels of land enrolled in the New Jersey Forest Stewardship Program shall not be required. Such forestry operations shall continue to be subject to the standards of this Part, the local permitting procedures required by 7:50-3.39(a)5 and the review procedures of 7:50-4.19 and 4.22 or 4.37 and 4.40.

(b) Unless the submission requirements are modified or waived pursuant to 7:50-4.2(b)3, all other forestry applications shall include at least the following information:

1. The applicant's name and address and his interest in the subject parcel;

2. The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

3. The description, including block and lot designation and street address, if any, of the subject parcel;

4. A description of all existing uses of the subject parcel;

5. A brief written statement generally describing the proposed forestry operation;

6. A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject parcel and the Pinelands management area designation and the municipal zoning designation in a certified municipality are shown;

7. A forestry management plan that includes, as appropriate:

i. A cover page for the plan containing:

(1) The name, mailing address and telephone number of the owner of the subject parcel;

(2) The municipality and county in which the subject parcel is located;

(3) The block and lot designation and street address, if any, of the subject parcel;

(4) The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

(5) The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;

ii. A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;

iii. A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands Native Forest Types, as identified at 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:

(1) The number of acres;

(2) The general condition and quality of each stand;

(3) The overall site quality, relative to the management goals and objectives identified in (b)7ii above;

(4) An inventory and map of Pinelands Native Forest Types with Native Forest Types broken into "stands," including information on type, size and volume by species;

(5) The age of representative trees;

(6) The species composition, including overstory, understory, ground layer structure and composition;

(7) The stand cohort composition;

(8) The percent cover;

(9) The basal area;

(10) The structure, including age classes, diameter breast height (DBH) classes and crown classes;

(11) The condition and species composition of advanced regeneration when applicable;

(12) A stocking table showing the stocking levels, growth rates and volume;

(13) Projections of intended future stand characteristics at 10-, 20-, and 40-year intervals;

(14) A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:

(A) Stand improvement practices;

(B) Site preparation practices;

(C) Harvesting practices;

(D) Regeneration and reforestation practices;

(E) Improvements, including road construction, stream crossings, landings, loading areas and skid trails;

(F) Herbicide treatments;

(G) Silvicultural treatment alternatives;

(H) If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;

(I) Implementation instructions; and

(J) Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and

(15) A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and

iv. A map of the entire parcel which includes the following:

(1) The owner's name, address and the date the map was prepared;

(2) An arrow designating the north direction;

(3) A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;

(4) The location of all property lines;

(5) A delineation of the physical features such as roads, streams and structures;

(6) The identification of soil types (a separate map may be used for this purpose);

(7) A map inset showing the location of the parcel in relation to the local area;

(8) Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and

(9) A legend defining the symbols appearing on the map.

8. A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in 7:50-6.27 and this Part;

9. A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with 7:50-6.156;

10. A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in 7:50-6.46(a)9 ii;

11. A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested; and

12. Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in 7:50-6.46.

(c) Upon receiving a written request from the applicant, the Pinelands Commission shall assume the responsibilities set forth in (b)9 above.

N.J. Admin. Code § 7:50-6.44

New Rule, R.1996 d.225, effective 5/20/1996.
See: 27 N.J.R. 3878(a), 28 N.J.R. 2596(a).
Former section, "Time limit on forestry permits", recodified as 7:50-6.44.
Recodified from N.J.A.C. 7:50-6.43 and amended by R.2010 d.029, effective 3/1/2010.
See: 41 N.J.R. 2402(a), 42 N.J.R. 629(a).
In (a), inserted "with the Pinelands Commission" and "the standards of this Part,"; rewrote the introductory paragraph of (b); in (b)3, deleted "legal" preceding "description"; rewrote (b)7; in (b)8, inserted "by the applicant" following "description", deleted "by the applicant" following "proposed", and substituted "and this Part" for "and 6.33"; in (b)10, updated the N.J.A.C. reference; in (b)11, inserted "and" at the end; deleted former (b)12; recodified former (b)13 as new (b)12; in (b)12, substituted "N.J.A.C. 7:50-6.46" for "7:50-6.45(a)9 and 10"; deleted (b)14; deleted former (c); and recodified former (d) as new (c). Former N.J.A.C. 7:50-6.44, Time limit on forestry permits and approvals, recodified to N.J.A.C. 7:50-6.45.