New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES
Subchapter 3 - PRESERVATION AREA STANDARDS
Section 7:38-3.1 - Scope and applicability

Universal Citation: NJ Admin Code 7:38-3.1

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

(a) In accordance with the Highlands Act at 13:20-32, the Department shall issue an HPAA only if the proposed development or activity satisfies all the requirements in this subchapter and 7:38-6.2.

(b) An applicant is subject to the standards in this subchapter if any of the environmental resources described in this subchapter existed on a lot on August 10, 2004. If a resource appears on photographs from the Department's 2002 aerial overflight of the State, the Department shall assume the resource existed on the lot on August 10, 2004. An applicant may rebut this presumption by providing the Department credible proof that the resource was lawfully disturbed before August 10, 2004.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.