N.J. Admin. Code § 7:38-5.3

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

Section 7:38-5.3 - Rare or Endangered Plant Species Habitat Evaluation

(a) An applicant for an HRAD or HPAA seeking to rebut a presumption pursuant to 7:38-4.1(d)4 that all of a site, or a footprint of disturbance constitutes suitable habitat for a rare or endangered plant species shall submit a rare or endangered plant species Habitat Evaluation to the Department.

(b) The Department shall consider as habitat any area identified in the Natural Heritage Database as habitat for any rare or endangered plant species that provides all of the components necessary to sustain the plant 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 or endangered plant species are documented on the site or footprint of disturbance. Department information includes, but is not limited to, the Natural Heritage Database, records of documented occurrences, public comments and other pertinent information;

2. The results of any plant species surveys conducted in consultation with the Department following 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 rare or endangered plant species; and

4. The extent to which the site or footprint of disturbance contains the characteristics of the documented 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, that are identified as part of on-site inspection(s) or in the HRAD or HPAA application, and any other factor that may affect the rare or endangered plant species.

N.J. Admin. Code § 7:38-5.3

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