N.J. Admin. Code § 7:7-11.3

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

Section 7:7-11.3 - Standards for conducting endangered or threatened wildlife species habitat evaluation

(a) Applicants who dispute the Department designation of the site as endangered or threatened wildlife species habitat, or dispute the boundary of that habitat shall provide information that demonstrates that the habitat is not suitable for each of the endangered or threatened wildlife species that resulted in identification of the site, a portion of the site, or an area abutting the site, as endangered or threatened wildlife species habitat in accordance with 7:7-9.36(a) and/or (d).

(b) Habitat evaluations for endangered or threatened wildlife species pursuant to 7:7-9.36(c) shall be conducted for each wildlife species described in (a) above. This habitat evaluation shall:

1. Use scientific methodology appropriate for each species or species group;

2. Examine specific attributes and characteristics of the site that limit or eliminate its suitability as habitat, including, but not limited to, an examination of vegetative cover, soils, hydrology, existing land use and any other factors that are used to determine suitability of a site for the species. The site's vegetative analysis shall include an on-site investigation and evaluation; and

3. Include an examination of the area surrounding the site using aerial photographs and/or appropriate cover maps.

(c) A survey for the endangered or threatened wildlife species that resulted in identification of the site, a portion of the site, or an area abutting the site, as endangered or threatened wildlife species habitat in accordance with 7:7-9.36(a) and/or (d), will only be considered in the context of supplementing information on habitat suitability. If such a survey is conducted, it shall be conducted consistent with techniques established in the scientific literature.

(d) Rationale: While the Landscape Maps and other Department tools used to designate endangered or threatened wildlife or plant species habitat are backed by sound science, in certain cases the Department's designation of an area as habitat for an endangered or threatened wildlife or plant species is erroneous. For example, site conditions may have changed in a way that can no longer support the species in question. Thus, the Department permits applicants who dispute the Department's designation of a site as threatened or endangered species habitat to submit a habitat evaluation supporting that assertion. Requiring a rigorous habitat evaluation allows the Department to reconsider its designation of the site using the most up-to-date information.

N.J. Admin. Code § 7:7-11.3

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

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