(a) Historic and archaeological resources include objects, structures, shipwrecks, buildings, neighborhoods, districts, and man-made or man-modified features of the landscape and seascape, including historic and prehistoric archaeological sites, which either are on or are eligible for inclusion on the New Jersey or National Register of Historic Places.(b) Development that detracts from, encroaches upon, damages, or destroys the value of historic and archaeological resources is discouraged.(c) Development that incorporates historic and archaeological resources in sensitive adaptive reuse is encouraged.(d) Scientific recording and/or removal of the historic and archaeological resources or other mitigation measures must take place if the proposed development would irreversibly and/or adversely affect historic and archaeological resources. Surveys and reports to identify and evaluate historic and archaeological resources potentially eligible for the New Jersey or National Registers shall be performed by professionals who meet the National Park Service's Professional Qualifications Standards in the applicable discipline. Professional procedures and reports shall meet the applicable Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation and the New Jersey Historic Preservation Office's professional reporting and surveying guidelines, once these guidelines are promulgated as rules, in accordance with the Administrative Procedure Act, 52:14B-1 et seq. A description of the qualifications and performance standards is available at the Historic Preservation Office.(e) New development in undeveloped areas near historic and archaeological resources is conditionally acceptable, provided that the design of the proposed development is compatible with the appearance of the historic and archaeological resource. For archaeological resources within the area of the undertaking, avoidance and protection is appropriate. When this is not feasible and prudent, and these resources are of value solely for the information which they contain, archaeological data recovery to mitigate the project impact will be required.(f) Recovery of shipwrecks consistent with the protection of historic values and environmental integrity of shipwrecks and their sites may be permitted subject to the conditions listed at (f)1 through 7 below. The recovery of shipwrecks must also be consistent with the shipwrecks and artificial reefs rule at 7:7-9.13. 1. The proposed project is in the public interest;2. The archaeological knowledge gained will outweigh the loss to future archaeological research and to the public of the preserved shipwreck;3. The applicant has expertise in underwater archaeology as outlined by the Federal Requirements 36 CFR 66, pursuant to the Archaeological and Historic Preservation Act of 1974 ( P.L. 93-291), and through the National Environmental Policy Act, the National Historic Preservation Act of 1966, (as amended), the Abandoned Shipwreck Act of 1987, and their respective implementing regulations and guidelines; 4. Artifacts will be recovered in an archaeologically appropriate manner;5. Recovered artifacts will be analyzed and inventoried, and as appropriate, preserved, restored, and/or made accessible to future researchers;6. Two copies of a professional archaeological report will be prepared for the Department giving the following information about the shipwreck and its excavation: Historic background, description of environment, salvage methodology, artifact analysis, description of techniques used in preservation of artifacts, base map, narrative and grid map on artifacts recovered, bibliography, photographs, National Register documentation and conclusions; and7. The entire exploration and salvage effort will be in accordance with the Secretary of the Interior's 1983 Standards and Guidelines for Archaeology and Historic Preservation, and the Department of the Interior's 1990 Abandoned Shipwreck Act Final Guidelines which are available from the Historic Preservation Office.(g) The Department may require the submission of a cultural resource survey report if it is determined that there is a known historic or prehistoric resource in the project area, or a reasonable potential for the presence of such a resource, which may be affected by a proposed development. However, in general, such surveys will not be required for the developments and/or sites listed below: 1. Single family and duplex developments which are not part of a larger development;2. Sites which can be documented as being previously disturbed to the extent that any archaeological resources present would have been completely destroyed;3. Sites which are located on lands containing fill material, including Psamments soils (PN, PO, PW) or Urban Land Soils (UL, UP), as defined in the appropriate County Soil Survey; and4. The replacement of structures and utilities, in-place and in-kind, provided that the area of previous disturbance does not increase.(h) The ultimate decision on the requirement for a cultural resource survey will be made by the Department's Division of Land Use Regulation, based on information received in response to public comments or information provided by the New Jersey Historic Preservation Office regarding the presence of known historic and prehistoric resources or the potential for their presence.(i) Rationale: The range of historic and archaeological resources along the coast is diverse, consisting of oceanfront Victorian era architecture, examples of New Jersey's maritime heritage, colonial homes, and Native American sites. The public interest requires the preservation of both representative and unique examples of historic and archaeological (cultural) resources of the coast, in order to provide present and future generations with a sense of the people who lived, worked, and visited the coast in the past. New Jersey's cultural heritage has become an important component of the coastal tourism economy, as more and more people visit these historic sites. Public interest in these historic and archaeological resources translates to significant commercial and economic contributions throughout the coastal zone, as manifested in hotel stays, sightseeing, food service patronage, historical tours, museum visits, recreational diving, and other historic/archaeological tourism related activities. The Department's Historic Preservation Office maintains an up-to-date list of properties on the New Jersey Register of Historic Places. As the State Historic Preservation Officer, the Commissioner of the Department of Environmental Protection and the staff of the Department's Historic Preservation Office advise the Department's Division of Land Use Regulation on the historic resources aspects of coastal decisions.
For shipwrecks and shipwreck sites, the ability of the archaeologists to appropriately retrieve and preserve artifacts is gradually improving, but remains limited. Generally, the best way to preserve historic shipwrecks is to leave them in place until retrieval and preservation techniques improve. However, when the shipwreck is threatened by destruction or when the research and/or public benefits of immediate retrieval outweigh the impacts, salvage may be approved subject to conditions developed in consultation with the Historic Preservation Office, the State Museum, and other interested parties, including research and educational institutions. The decision to allow a project to proceed which could affect a shipwreck or shipwreck site will include consideration of a number of issues, including the recreational and educational opportunities provided by wrecks and wreck sites, their historic significance, and their habitat value. The preservation and salvage of New Jersey's historic shipwrecks and shipwrecks sites will be consistent with the Federal Abandoned Shipwreck Act Guidelines, issued under the authority of the Abandoned Shipwreck Act, 43 U.S.C. §§ 2101-06.
The requirement for historic and prehistoric resource surveys varies from site to site, and project to project. Therefore, the Department has established several categories of sites and projects which generally will not require such surveys. However, in an effort to ensure adequate protection of historic and of prehistoric resources, the Department may require such surveys, on a case-by-case basis. This requirement will be based on the determination that there is a known historic or prehistoric resource, or a reasonable potential for the presence of such a resource, which may be affected by the proposed development. Such a determination will be based on such factors as the presence of known cultural sites, the presence of known sites nearby, and the known presence of sites in a similar topographic setting.
N.J. Admin. Code § 7:7-9.34
Renumbered from 7:7E-3.36 by 47 N.J.R. 1392(a), effective 7/6/2015