N.J. Admin. Code § 7:38-5.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-5.2 - Rare, or Threatened or Endangered Animal Species Habitat Evaluation

(a) An applicant for an HRAD or HPAA seeking to rebut a presumption pursuant to 7:38-4.1(d)3 that all or part of a site constitutes suitable habitat for a rare, or threatened or endangered animal species shall submit a rare, or threatened or endangered animal species Habitat Evaluation to the Department.

(b) The Department shall consider as suitable habitat any area that, based on the best available scientific information, provides all of the components necessary to sustain any rare, or threatened or endangered animal species, including, but not limited to, nesting or breeding areas, foraging or feeding areas, resting or roosting areas, hibernacula, or denning areas; or any area that is a part of a larger habitat area that provides all of the components necessary to sustain the rare, or threatened or endangered animal species in question based upon evaluation of the following:

1. The information provided by the applicant under 7:38-5.4 and any other information available to the Department identifying which, if any, rare, threatened or endangered animal species may have suitable habitat on the site. Such information includes, but is not limited to, the Landscape Maps, Natural Heritage Database, records of documented species occurrences and public comment;

2. The results of any animal species surveys done in consultation with the Department and in accordance with the survey procedures at N.J.A.C. 7:7-11.3(a) and (b) (Coastal Zone Management);

3. Scientific information related to the life history characteristics and habitat needs of the species; and

4. The extent to which the site or footprint of disturbance contains the characteristics of suitable habitat for each species identified in (b)1 and 2 above, including onsite and adjacent vegetation structure and composition, soil characteristics, wetland characteristics and hydrologic conditions, surrounding land use and disturbance levels, and any other factor that may affect the habitat suitability for any rare, or threatened or endangered animal species that are identified as part of on-site inspection(s) or in the HRAD or HPAA application.

N.J. Admin. Code § 7:38-5.2

Administrative Change, 49 N.J.R. 2530(a).