N.J. Admin. Code § 7:7-11.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:7-11.1 - Purpose and scope

(a) This subchapter sets forth the standards for conducting an endangered or threatened wildlife or plant species habitat impact assessment and for conducting an endangered or threatened wildlife species habitat evaluation. One or both must be employed by an applicant seeking to demonstrate compliance with or inapplicability of 7:7-9.36 when the site contains or abuts areas mapped as endangered or threatened wildlife species habitat on the Landscape Maps. This subchapter also sets forth the standards for reporting the results of an endangered or threatened wildlife or plant species habitat impact assessment and an endangered or threatened wildlife species habitat evaluation.

(b) An endangered or threatened wildlife or plant species habitat impact assessment is required to demonstrate that endangered or threatened wildlife or plant species habitat as defined at 7:7-9.36(a) would not, directly or through secondary impacts on the relevant site or in the surrounding area, be adversely affected by the proposed development. The standards for conducting an impact assessment pursuant to 7:7-9.36(b), (d), and (e) are found at 7:7-11.2.

(c) Pursuant to 7:7-9.36(c), an endangered or threatened wildlife species habitat evaluation is required to demonstrate that a site does not contain suitable endangered or threatened wildlife or plant species habitat, as defined at 7:7-9.36(a). The standards for conducting an evaluation are found at 7:7-11.3.

(d) The reporting requirements for habitat evaluations and impact assessments are found at 7:7-11.4.

(e) Rationale: Endangered and threatened wildlife and plant species habitat is considered a special area under N.J.A.C. 7:7-9.36. Applicants, therefore, must demonstrate compliance with the standards in N.J.A.C. 7:7-9.36 through the preparation of an impact assessment and/or a habitat evaluation to ensure essential habitat for endangered and threatened wildlife and plant species is not negatively impacted by a proposed regulated activity.

N.J. Admin. Code § 7:7-11.1

Renumbered from 7:7E-3C.1 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018