New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7 - COASTAL PERMIT PROGRAM RULES
Subchapter 11 - STANDARDS FOR CONDUCTING AND REPORTING THE RESULTS OF AN ENDANGERED OR THREATENED WILDLIFE OR PLANT SPECIES HABITAT IMPACT ASSESSMENT AND/OR ENDANGERED OR THREATENED WILDLIFE SPECIES HABITAT EVALUATION
Section 7:7-11.2 - Standards for conducting endangered or threatened wildlife or plant species habitat impact assessment

(a) Applicants who choose not to dispute the Department designation of the site as endangered or threatened wildlife species habitat shall demonstrate compliance with 7:7-9.36(b) by providing information required at this section and 7:7-11.4. The required information shall demonstrate that the proposed development will not negatively affect the population(s) or habitat of endangered or threatened wildlife species that resulted in identification of the site, or an area abutting the site, as endangered or threatened wildlife species habitat in accordance with 7:7-9.36(a) and/or (d).

(b) If an endangered or threatened plant species has been documented to be on the site or a portion of the site or an area abutting the site, applicants shall demonstrate compliance with 7:7-9.36(b) by providing information required at this section and 7:7-11.4. The required information shall demonstrate that the proposed development will not negatively affect the population(s) or habitat of endangered or threatened plant species documented to be on the site or a portion of the site or on an area abutting the site.

(c) Impact assessments shall be conducted for each endangered or threatened wildlife or plant species described in (a) and/or (b) above. The impact assessment shall consider the likely effects of the proposed development on the local populations of the particular species on or abutting the site. The impacts shall be assessed using accepted ecological principles and scientific literature on each species and both direct and indirect impacts of the proposed development shall be considered. This assessment shall be based on habitat requirements and life history of each species, and the manner in which the proposed development may alter habitat, including, but not limited to, vegetation, soils, substrate, bathymetry, salinity, hydrology, wildlife movement corridors, human disturbance, and effects on competitor, parasite, or predator species.

(d) Rationale: When an applicant proposes a regulated activity on a site that contains or abuts areas mapped as endangered or threatened wildlife species habitat on the Landscape Maps, or in an area that otherwise meets the definition of endangered or threatened wildlife or plant species habitat as set forth in N.J.A.C. 7:7-9.26(a), the applicant must demonstrate that the proposed activity will comply with N.J.AC. N.J.A.C. 7:7-9.36, Endangered or threatened wildlife or plant species habitat. An impact assessment is prepared in cases where the applicant does not dispute the Department's designation of the site as endangered or threatened wildlife or plant species habitat. Scientific evidence must be provided to demonstrate that the proposed development would not negatively impact the population(s) of each endangered or threatened wildlife and/or plant species documented on the site. Direct and indirect impacts must be considered in order to ensure compliance with N.J.A.C. 7:7-9.36.