N.J. Admin. Code § 7:7A-7.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7A-7.9 - General permit 9- Airport sight line clearing

(a) General permit 9 authorizes the selective cutting of certain vegetation in freshwater wetlands and transition areas at a public use aeronautical facility, as defined in the New Jersey Department of Transportation rules at N.J.A.C. 16:54-1.3, provided all applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. The cutting of vegetation is only as necessary to comply with the protected air space provisions for a public use aeronautical facility, mandated by the Federal Aviation Administration (FAA) and set forth in the New Jersey Department of Transportation rules at N.J.A.C. 16:54-4.2(a)1iii and 2ii;

2. The activities are necessary to enable an aeronautical facility to comply with New Jersey Department of Transportation rules. The cutting of vegetation in wetlands and/or transition areas as part of a project that increases the area of pavement or buildings at an airport is not authorized under general permit 9, and would require an individual permit under this chapter;

3. Adverse environmental impacts are minimized as follows:

i. Activities shall be timed to minimize disturbance of threatened and endangered species. The Department will specify the required timing in the general permit authorization when issued;

ii. The permittee shall leave all tree stumps, brush stumps, and root systems in place;

iii. The permittee shall minimize disturbance of freshwater wetlands and transition areas through use of matting, equipment running on oversized tires, or other similar practices; and

iv. Cut vegetation shall be disposed of in a manner that will minimize adverse environmental impacts on wetlands and transition areas, taking into consideration State Forest Fire Service requirements at N.J.S.A. 13:9-23 and/or other applicable laws.

(b) In addition to meeting all applicable application requirements at N.J.A.C. 7:7A-16, an applicant for authorization under general permit 9 shall provide a certification from the Director of the Division of Aeronautics in the New Jersey Department of Transportation, containing:

1. A copy of the current license for the public use aeronautical facility;

2. A description of the area that must be cleared to ensure compliance with New Jersey Department of Transportation rules, including descriptions and drawings of the required approach slopes, the airport layout, and/or other aspects of the facility, as applicable; and

3. A statement citing the applicable regulation, and an explanation of why the proposed cutting of vegetation is necessary to bring existing operations into compliance with New Jersey Department of Transportation and FAA rules, or to maintain the compliance of existing operations with those rules.

N.J. Admin. Code § 7:7A-7.9

Amended and recodified from 7:7A-5.9 by 49 N.J.R. 3849(a), effective 12/18/2017