N.J. Admin. Code § 2:90-1.8 - Clearing or grading of land

(a) Except as provided in (b) and (c) below, a person proposing to engage in or who is engaging in clearing or grading of more than 5,000 square feet of land shall be subject to the act unless such land disturbance is for agricultural or horticultural purposes. To demonstrate to the district that such activity is related to proposed agricultural or horticultural activities, the owner shall provide proof that the land is enrolled in a farmland preservation program, eligible for farmland assessment, qualifies for right-to-farm protections, possesses a farm conservation plan or forest management plan, timber harvest sale contract, or other proofs deemed appropriate by the district. Anyone seeking to provide a farm conservation plan as proof of agricultural or horticultural use must waive confidentiality under the Federal Freedom of Information Act. The district shall determine if the proofs demonstrate an agricultural or horticultural activity or is subject to the act and this subchapter.

(b) Certification of a soil erosion and sediment control plan shall be required for the construction of agricultural structures, involving the disturbance of greater than 5,000 square feet of land unless the disturbance is incorporated into a farm conservation plan approved by the district as conforming to the United States Department of Agriculture, June 1, 2005 Field Office Technical Guide, which is hereby adopted and incorporated by reference, as amended and supplemented.

1. Copies of the New Jersey Field Office Technical Guide are available from the NRCS Field Offices and the State Office at 220 Davidson Ave., 4th Floor, Somerset, NJ 08873.

2. An electronic copy of the New Jersey Field Office Technical Guide is available at http://www.nrcs.usda.gov/technical/efotg/.

3. A copy of this document is on file in the NJDA Office of the Director, Division of Agricultural and Natural Resources, Health and Agriculture Building, Market and Warren Streets. Trenton, NJ 08625.

(c) Disturbances on agricultural land greater than 5,000 square feet in size other than for agricultural or horticultural purposes, may be subject to the act and this subchapter or may be incorporated into the farm conservation plan when so determined by the district.

Notes

N.J. Admin. Code § 2:90-1.8

New Rule, R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-1.8, Fees, recodified as N.J.A.C. 2:90-1.12.
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 46 N.J.R. 193(a).
In (a), deleted "or" preceding "possesses", inserted a comma following "contract", and inserted the next-to-last sentence.