N.J. Admin. Code § 7:50-6.155

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

Section 7:50-6.155 - Evaluation of development proposals

(a) Identification of Resources:

1. A cultural resource survey shall accompany all applications for development in a Pinelands Village or Town and applications for major development in other Pinelands Management Areas in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.

2. The Pinelands Commission shall assume the responsibility for completing a cultural resource survey when a request to do so is submitted pursuant to 7:50-6.43(b) in conjunction with an application for a forestry operation.

(b) Survey Exemptions:

1. Notwithstanding (a) above, the need for a cultural resource survey may be:

i. Eliminated by a municipality, as part of its certified land use ordinance, in portions of a Pinelands Village or Town if there is insufficient evidence of significant cultural activity within the area or, in the case of archaeological resources, within the vicinity; and

ii. Waived by the Pinelands Commission or by an approval agency for individual applications for development if it is determined that:

(1) There is insufficient evidence of cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

(2) The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or

(3) The evidence of cultural activity lacks any potential for significance pursuant to the standards of 7:50-6.154(b).

(c) Evaluation of Resources:

1. The "Cultural Resource Management Plan," dated April 1991, as amended, may be utilized as a guide in the evaluation and treatment of cultural resources.

2. Except for those resources designated pursuant to 7:50-6.154, each historic resource identified through the survey shall be evaluated to determine its significance according to the individual criteria set forth in 7:50-6.154(b). The evaluation questions contained within the "Cultural Resource Management Plan," dated April 1991, as amended, may be utilized as a guide to assist in this determination of significance.

3. Should a resource be determined not to be significant, the evaluation must determine whether the resource constitutes a site with sufficient remains pursuant to 7:50-6.157(a).

N.J. Admin. Code § 7:50-6.155

Amended by R.1994 d.590, effective 12/5/1994.
See: 26 New Jersey Register 165(a), 26 New Jersey Register 4795(a).
Amended by R.1996 d.225, effective 5/20/1996.
See: 27 New Jersey Register 3878(a), 28 New Jersey Register 2596(a).
Added (a)2.