N.J. Admin. Code § 7:7-9.42
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:7-9.42 - Pinelands National Reserve and Pinelands Protection Area(a) The Pinelands National Reserve includes those lands and water areas defined in the National Parks and Recreation Act of 1978, Section 502 ( P.L. 95-625), an approximately 1,000,000 acre area ranging from Monmouth County in the north, south to Cape May County and from Gloucester and Camden County on the west to the barrier islands of Island Beach State Park and Brigantine Island along the Atlantic Ocean on the east (see Appendix, Figure 10, incorporated herein by reference). The "Pinelands Area" is a slightly smaller area within the Pinelands National Reserve. It was designated for State regulation by the Pinelands Protection Act of 1979 ( N.J.S.A. 13:18-1 et seq.). The Pinelands Commission adopted a Comprehensive Management Plan in November, 1980. Within the Pinelands Area, the law delineates a Preservation Area, where the plan shall "preserve an extensive and contiguous area of land in its natural state, thereby insuring the continuation of a Pinelands environment...." (Section 8c). 1. Under the authority of the Department's Surface Water Quality Standards ( N.J.A.C. 7:9B), all surface waters within the boundaries of the Pinelands Area, except those waters designated as FWI, are designated "Pinelands Waters" which have special antidegradation policies, designated uses and water quality criteria (see N.J.A.C. 7:9B1-4, 1.5(d)6ii, 1.12(b), and 1.14(b)). The Department's present Groundwater Quality Standards ( N.J.A.C. 7:9C), which were adopted on March 3, 1981, and revised on February 1, 1993, identify the "Central Pine Barrens Area" as the only part of the Pinelands distinguished from the rest of the State (N.J.A.C. 7:9-6.7(c) ).2. The coastal municipalities wholly or partly within the Pinelands National Reserve Area include: | Atlantic County |
| Brigantine City | Hamilton Township |
| Corbin City | Mullica Township |
| Egg Harbor City | Port Republic |
| Egg Harbor Township | Somers Point City |
| Estell Manor Township | Weymouth Township |
| Galloway Township |
| Burlington County |
| Bass River Township | Washington Township |
| Cape May County |
| Dennis Township | Upper Township |
| Middle Township | Woodbine Borough |
| Cumberland County |
| Maurice River Township |
| Ocean County |
| Barnegat Township | Lakehurst Borough |
| Beachwood Borough | Little Egg Harbor Township |
| Berkeley Township | Manchester Township |
| Dover Township | Ocean Township |
| Eagleswood Township | South Toms River Borough |
| Lacey Township | Stafford Township |
| Tuckerton Borough |
(b) Coastal development shall be consistent with the intent, policies and objectives of the National Parks and Recreation Act of 1978, P.L. 95-625, Section 502, creating the Pinelands National Reserve, and the State Pinelands Protection Act of 1979 ( 13:18A-1 et seq.). 1. Within the Pinelands National Reserve, the Pinelands Commission will serve as a reviewing agency for coastal construction permit applications.2. The Department's Division of Land Use Regulation and the Pinelands Commission will coordinate the permit review process through the procedure outlined in the February 8, 1988, Memorandum of Agreement between the two agencies and any subsequent amendments to that agreement. Copies are available from the Department's Division of Land Use Regulation at the address and telephone number set forth at 7:7-1.6.(c) Coastal activities in areas under the jurisdiction of the Pinelands Commission shall not require a freshwater wetlands permit, or be subject to transition area requirements of the Freshwater Wetlands Protection Act, except that discharge of dredged or fill materials in freshwater wetlands and/or State open waters shall require a State permit issued under the provisions of Section 404 of the Federal Water Pollution Control Act of 1972 as amended by the Clean Water Act of 1977, or under an individual or statewide general permit program administered by the State under the provisions of 33 USC 1344 and 13:9B-6(b).(d) Rationale: The New Jersey Pinelands contain approximately 1,000,000 acres of high quality surface and groundwater resources. In response to the need to protect, preserve and enhance the unique features of the Pinelands and the significant ecological, natural, cultural, recreational, educational, agricultural and public health resources of the pinelands area, the federal government passed the National Parks and Recreation Act of 1978 ( P.L. 95-625), the Governor issued Executive Order No. 71 in February 1979, and the Legislature passed the Pinelands Protection Act in June of 1979. Prior to these actions, under Executive Order No. 56, issued on May 28, 1977, the Governor created the Pinelands Review Committee to delineate a pinelands region and develop a plan to guide State actions affecting that Region. The report of the Pinelands Review Committee, completed in February 1979, stressed the need to take strong action to manage development in the pinelands.
Because the living marine resources in the bays and estuaries of the coastal zone depend on the flow of freshwater from the pinelands, changes to the quality and quantity of the pinelands water resource caused by pollution and contamination would have a significant impact on coastal resources.
The Pinelands Protection Act (Section 22) recognized the overlap between pinelands and coastal management interests and mandated the DEP, in consultation with the Pinelands Commission, review the environmental design for the coastal area prepared as required by CAFRA (see 13:19-10) which is also within the boundaries of the Pinelands National Reserve. This overlap extends from Pleasant Mills to the Garden State Parkway on both sides of the Mullica River.
N.J. Admin. Code § 7:7-9.42
Renumbered from 7:7E-3.44 by 47 N.J.R. 1392(a), effective 7/6/2015