New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 3 - FORESTRY
Subchapter 5 - FOREST STEWARDSHIP PROGRAM
Section 7:3-5.1 - General provisions

Universal Citation: NJ Admin Code 7:3-5.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The Forest Stewardship Program is a voluntary program for an owner who is willing to manage a qualifying property in accordance with a forest stewardship plan approved by the Department pursuant to this subchapter.

(b) A forest stewardship plan shall apply to the entirety of a single qualifying property that is privately held. To qualify, a property shall:

1. Include five acres or more of land, exclusive of land on which the Department determines that the owner is precluded from engaging in forest management due to an easement or other legal constraint, that qualifies as forest land; and

2. Not be landlocked.

(c) For the purposes of this subchapter, except as set forth in (d) below, land is forest land if it is a defined and continuous area of land that lies wholly within a property, is at least 0.5 acres in size, is to be managed under the plan as forest land, and:

1. Has at least 10 percent canopy cover; or

2. Does not currently have the canopy cover in (c)1 above, but is:
i. Capable of achieving at least 10 percent canopy cover; and

ii. Is scheduled in the forest stewardship plan as approved by the Department to be afforested or reforested to such a level of canopy cover within the period for which the plan is approved.

(d) The following shall not qualify as forest land:

1. Land devoted to the production of Christmas trees;

2. Land on which trees are grown for sale as nursery stock; and

3. Land, such as an orchard, on which trees are grown primarily for their production of an agricultural product, such as apples or nuts.

(e) The owner of a qualifying property participates in the Forest Stewardship Program by managing the property in compliance with a forest stewardship plan. The Department shall deem an owner to be in compliance if:

1. The owner:
i. In consultation with an Approved Forester, has prepared a forest stewardship plan for the property that meets the criteria at N.J.A.C. 7:3-5.2;

ii. Has submitted the plan for review by the Department in accordance with N.J.A.C. 7:3-5.9 and has obtained the Department's approval of the plan;

iii. Is managing the property in compliance with the approved plan;

iv. Is monitoring progress toward the plan's objectives and maintaining records as required at N.J.A.C. 7:3-5.11(a), (b), and (c); and

v. If any of the circumstances listed at N.J.A.C. 7:3-5.12(a) apply, has submitted an amendment modifying the plan to incorporate appropriate revisions; and

2. The plan has not expired or been terminated, and its approval has not been revoked.

(f) An owner with an approved Federal guidelines plan or woodland management plan that has not expired, been terminated by the owner, or been revoked by the Department may convert the plan to a forest stewardship plan approved as conforming to this subchapter by preparing a plan conversion in accordance with N.J.A.C. 7:3-5.14 and submitting the plan conversion for review and approval under this subchapter as a forest stewardship plan.

(g) Compliance with a plan and the applicable requirements of this subchapter is the owner's responsibility. However, if the owner is not a single individual, an individual who meets the following criteria may, on behalf of the owner, sign the required certification and submit a plan, plan amendment, plan conversion, or notice of plan termination:

1. If the owner consists of two or more individuals, any of those individuals; and

2. If the owner consists of at least one person who is a corporation or other non-individual:
i. An employee of the non-individual or a member of its governing board; or

ii. If one or more individuals are co-owners with the non-individual owner, any of those individuals.

(h) Once approved, a forest stewardship plan is valid for a period of 10 years, unless revoked sooner by the Department, terminated by the owner, or replaced by the owner with a new plan.

(i) The 10-year period for which the plan is approved shall be specified by the Department on the title page of the plan:

1. The plan's start date shall be the date of the Department's issuance of a notice of approval of the plan or, if applicable, the day after the expiration date of the prior plan, whichever is later; and

2. The plan's end date shall be the date that is 10 years after its start date. The plan period may not be extended. The plan shall expire on its end date.

(j) A property is subject to on-site inspection by the Department when a forest stewardship plan or a plan conversion is under review and, following approval, for verification of compliance.

(k) The Department may, if it finds that the information provided in a plan, plan amendment, or plan conversion is incorrect, revoke approval of the plan by providing a written notice of revocation. The Department shall include in the notice the Department's reason or reasons for the revocation.

(l) Department approval of a plan, plan amendment, or plan conversion pursuant to this subchapter does not relieve the owner of responsibility for complying with any other applicable legal obligation, such as obtaining a permit or other approval required under State, Federal, or local law or satisfying the terms of an easement, nor does it relieve the owner of liability for failure to comply. Approval under this subchapter does not constitute authorization to carry out any of the practices set forth in the plan until and unless all other applicable legal obligations are satisfied.

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